A Capital Strike

Here is an argument for not doing business with the Federal government at all. It’s rapidly becoming not worth the cost—in hassle, in dollars, in business’ ability to control over their own operations. This is another of President Barack Obama’s barrage of Executive Orders, and this is how The Wall Street Journal described it over the weekend:

Under the order signed last week, contractors and subcontractors who receive more than $500,000 in federal money will be obliged to report to government agencies any labor-law violations going back three years. The order covers violations of everything from family and medical leave to federal wage and hour laws in the three years before applying for a contract.

And

When unions are in a collective bargaining fight with a company, they typically file complaints with the likes of OSHA, the National Labor Relations Board and the Equal Employment Opportunity Commission. Under the new executive order, the government will have the ability to revoke the contracts of those with violations. That’s punishment above and beyond any remedies meted out by the NLRB.

That would be another finger on the scales to force settlements on terms favorable to the President’s political allies. If you’re a government contractor, any time a union files an unfair labor practices charge, the pressure to settle becomes overwhelming. Choose to fight and you face not only the civil penalties of violating a law but the risk of having your federal contracts revoked or suspended.

And

[T]he executive order includes a transparency provision that requires contractors to provide their employees with information about pay, overtime pay, and deductions as a condition of receiving a federal contract. The plaintiffs bar has complained that inadequate record-keeping is a stumbling block to their litigation. Now, via the Obama pen, they’ll have more data to feed lawsuits over the Fair Labor Standards Act.

Who needs this nonsense, this continued attack on private enterprise? Maybe it’s time for private enterprise to go back to being private and stop being dependent on government contracts. Maybe it’s time for private enterprise to stop doing business with the Federal government.

After all, this EO applies only to government contractors and subcontractors. So far.

Social Guarantees

Ilan Brat and Giada Zampano wrote, in a recent Wall Street Journal piece, about job protections and their effects on the prospects of today’s children and young adults in Europe. The whole article is well worth the read for its specifics, but from my perspective, the following is the money quote, from one of those young adults, Ms Serena Violano, a 31-year-old still sharing a room with her older sister in their parents’ home:

For our parents, everything was much easier. They had the opportunity to start their own life. Instead, we don’t have any guarantees for our own future.

Therein lies the core of the failure of “social democracy.” There are no guarantees. There never were any guarantees, for Ms Violano’s parents or for anyone of that generation. Those of Ms Violano’s parents’ generation made their own futures, with no expectation that anyone, least of all government, would guarantee them anything but the freedom of their own choices and efforts. They had no other expectations because they knew that government could make no other guarantees.

The well-intentioned guarantees of social democracy, including the labor “guarantees” of which Brat and Zampano wrote, in the end can only destroy what they purport to guarantee.

Negotiate with Terrorists?

Democratic Party Presidential contender and current Senator Elizabeth Warren (D, MA) had some thoughts from the Progressive side of the situation unfolding in Iraq. In supporting President Barack Obama’s tepid moves vis-à-vis ISIS, the Yezidis, and the Kurds, Warren said this:

It’s a complicated situation right now in Iraq and the president has taken very targeted actions to provide humanitarian relief that the Iraqi government requested, and to protect American citizens. But like the president, I believe that any solution in Iraq is going to be a negotiated solution, not a military solution. We do not want to be pulled into another war in Iraq.

Warren added this, exposing Progressives’ misunderstanding, generally, of what is required to destroy a terrorist entity:

It’s a very complicated situation in Iraq. The president has now taken two very targeted actions, and those two actions will change the mix of what’s happening in Iraq, and we’ll have to just monitor it[.]

Of course it’s wholly insufficient for us to toss our shoes onto the field and expect the terrorists to cut and run. A cynical man might suggest that the Progressive wing of the Democratic Party is projecting its own world view onto hardened thugs.

And just to seal the muddle, Andy Metzger of MassLive, summarized Warren’s position thusly, taking her at her word that she actually was serious:

While calling for a negotiated solution, Warren said the Islamic State of Iraq and Syria is a terrorist organization and the US does not negotiate with terrorists, while leaving open the possibility the US could assist the Iraqi government negotiating with ISIS.

How, indeed, does one negotiate with terrorists? Never mind that this administration has brought this on the Iraqi people, the Kurds, and itself when it abandoned Iraq three years ago under its disingenuous claim that it was “leaving behind a sovereign, stable and self-reliant Iraq.”

We’re entering a very dangerous period in the life of our nation. The Progressives of the Democratic Party simply are unable to see the error of their ways, and they want, post-2014, post-2016, to continue the obviously disastrous policies of the Obama administration.

Lasting Solutions

President Barack Obama has said, in defense of his inaction against the current and planned atrocities of ISIS, that there can be no lasting solution in Iraq until the Iraqis have resolved their governmental failures and impasse—a true national reconciliation.

He’s right about the need for political resolution—for Iraqis. What Obama carefully elides, though, is the lasting solution that will occur vis-à-vis Yezidis and Kurds if we continue our inaction.

And continue to do nothing we are. Oh, much is made of our having dropped blankets, water, tents, and tens of thousands of meal rations onto a mountain top for the trapped Yezidis. But British estimates range from 50,000-150,000 Yezidis trapped—all of whom must have food for several days. “Tens of thousands” of rats won’t feed all of them for a single day if the British estimates are anywhere near accurate.

And the American air strikes? We’re continuing to shoot up individual artillery guns, the odd APC, an occasional convoy. There is, though, no deliberate, focused, active air campaign of any sort with a view to destroying ISIS’ forces as they continue to press the Yezidis and the Kurds’ Peshmerga—and then the Kurds themselves.

We’ve begun flying arms to the Kurds? We’ve begun “expediting” arms deliveries from third parties; maybe we’ve authorized the CIA to engage in arms trafficking with the Kurds. But these typically are small arms—of little use against the captured American APCs, tanks(!), artillery, etc being used by ISIS.

The lasting solution that will result from Obama’s reluctance to act absent a lasting solution is the extermination of the Yezidis and the enslavement of surviving Kurds. The lasting solution we should be putting in place is the destruction of ISIS.

By the time we elect a new President, though, it may well be too late.

The White House as Tax-Writing Authority

Secretary of the Treasury Jack Lew originally (originally: three weeks ago, in mid-July) acknowledged he had no authority to alter the tax implications of US businesses reincorporating overseas in order to reduce their US tax burden.

Now he’s looking at (not for) ways to “meaningfully reduce the tax benefits after inversions take place” because reducing a company’s cost structure, the legally and fiscally required behavior of any company’s managers, by making use of this “unpatriotic tax loophole” is unpatriotic. I’ll ignore the fact that what’s unpatriotic here is the usurious tax rates charged American companies and the zeal with which this administration attacks American companies for worrying about their bottom line more than they worry about government imperatives in order to get to a different point. As The Wall Street Journal put it,

So now we have a President in an election year looking for a way to raise taxes on corporations after he couldn’t get Congress to agree. Has anyone asked Treasury’s career lawyers or the Office of Legal Counsel? Someone should. And when the next President arrives in 2017, one of his first acts should be to release publicly all of the OLC memos making the legal case for Mr Obama’s many illegal acts, assuming there are any.

And if there are not, the next President should release far and wide the empty file folder that would be this administration’s lack of consultation with the law or with any government lawyers.