Category Archives: ethics

An Alternative Choice

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President Donald Trump (R) is considering settling his $10 billion lawsuit against the IRS over that agency’s illegal (and politically motivated, I say) leak of his tax data to the New York Times. His thought is to send the proceeds to charity.

I have an alternative thought. Require, under the terms of the settlement, the IRS to send the settlement funds to the 401(c)(3) NGOs that it had blocked from certification or whose certifications it had slow-walked. Or, require the IRS to agree to allow Trump to spread the settlement funds across those entities in the IRS’ name.

Sometimes poetic justice also is legitimate justice.

Wrong Distinction

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There’s a new challenge, allegedly, for grocers and their junk food sales; although their problem is whether, and if so how much and where, they should stock junk food on their shelves. This is suggested by the headline:

Is a Cookie a Type of Candy? Supermarkets Have a New Food-Stamp Conundrum

This is a trivial question, though, one that awaits only a government definition of what foods are eligible for food stamps. The larger, and the far more serious problem is posed by this claim, buried in the middle of the article:

Critics said that limiting grocery options ignores the real causes of poor diets, such as low incomes, high food prices and access to healthy food. Studies, they said, show little difference between what SNAP recipients buy and the purchases of non-SNAP households.

Say the critics are correct, and food stamp food eligibilities don’t address those root causes. Say, further, that those studies are accurate in their conclusions.

Those criticisms are wholly irrelevant. The fact remains, and it remains unaddressed, as well, that there is no reason for the rest of us to pay with our tax dollars for the poor diet choices those eating on our dime—those food stamp programs—make. If they want those junk foods, let them pay for them on their own dime, just as the purchasers in non-SNAP households do.

How dare we presume so, some might bleat. It’s a simple dare. We’re the ones paying and with our money. We’re the ones who should be determining how our tax dollars are spent.

It’s that straightforward, and it should be that simple.

Hardly Defiance

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The Centers for Disease Control and Prevention has reduced its vaccines for children recommendation from a schedule of 18 diseases to a recommendation of 11. The American Academy of Pediatrics still recommends children be vaccinated against 18 diseases. The Wall Street Journal calls the AAP defiant.

No.

HHS Secretary Robert Kennedy, Jr, and HHS’ CDC have all along recommended patients and parents of child patients consult with their physicians on ailments, treatments, and vaccines. Kennedy has emphasized that recommendation while he has had CDC scale back the recommendations.

Parents are heeding that CDC recommendation and are consulting. Pediatricians and their medical association are acting like physicians and treating their child patients rather than parroting those ancillary CDC recommendations.

Wrong Answer

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House and auto insurers’ profits and the rate increases they charge policy holders are coming under political scrutiny, but politicians’ proposed solutions are badly counterproductive.

New York Governor Kathy Hochul (D) this month became the latest state lawmaker to advocate profits caps on insurers, to tackle escalating home- and “crushingly expensive” auto-insurance rates.
Her plan would require home insurers with “outsized profit margins” to lower or justify their rates, and review the profits threshold at which auto-insurers are required to refund customers.
Also this month, lawmakers in states including Oklahoma proposed profit caps targeting insurance.

No.

Government definitions of “outsized profit margins” have nothing to do with business imperatives or what happens in a free market. Those definitions serve only the personal political ambitions of the politicians doing the defining, and they’ll vary across politicians and their political parties.

Beyond that, all price caps do is limit the availability of the product being capped—whether oil and natural gas and gasoline, rental housing availability and quality…or insurance policies. The limit on supply, too, hurts those on the lower economic rungs of our economy first and hardest.

Requiring insurers to justify their rates and the profit levels at which policy holder refunds are paid is a good idea, but government is the wrong crowd that must be satisfied.

Better simply to require insurers to disclose their profit margins and the basis on which they arrive at their definitions of profit. Their policy rates already are publicly available; making both sides of that process public would let the public more effectively shop for policies that suit their individual needs.

Doing that within an increasingly deregulated (not unregulated) insurance market environment would move the industry closer to a truly competitive market within which insurers would reap fair profits and insurees would pay fair premium amounts for the policies they want. And the Critical Item: “fair” would be defined within that competitive market by those market participants, not by any government.

“That’s Unconstitutional”

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Many politicians, primarily but not exclusively of the Progressive-Democratic Party, when they decry the actions of President Donald Trump (R) loudly declaim that whatever it is that he’s doing is “unconstitutional.”

It’s instructive that these worthies usually omit to cite the clause of our Constitution that’s supposedly being violated, but when they do cite something, they center their claim on the 10th Amendment.

Here is what that Amendment says:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article I, Section 10, lays out specific powers prohibited to the States:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Included in the powers not delegated is this one from Article II, Section 3:

…he shall take Care that the Laws be faithfully executed….

Here is what the Supremacy Clause of our Constitution says, from Article VI:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

There is nothing in the supreme Law of the Land  that has been delegated to the States or to the people. That supremacy has been retained by the Federal government, and that supremacy includes actions of Federal law enforcement agencies and their personnel in the course of their enforcement of Federal laws in Progressive-Democrat-run “sanctuary” jurisdictions; the latter’s protestations to the contrary are irrelevant.

No part of a President’s authority or obligation to enforce the Laws are reserved to the States. Nor does the 10th Amendment’s delegations include any State-level authority to block or otherwise interfere with Federal law enforcement actions.