Tag Archives: regulation

Regulatory Capture

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…and campaign finance hypocrisy.  Regulatory capture is where companies subject to this or that regulatory body are large enough and financially successful enough to…influence…their regulators and guide the nature and scope of the regulations to which they, and their competitors, are subject.

The most recent presidential campaign filings show that [Senator Elizabeth, D, MA] Warren and [Senator, I, VT (or D, depending on which spin is current] Bernie Sanders—who has called for ramping up antitrust enforcement and taking on the big tech companies—have each attracted large amounts of contributions from people connected to Google and other tech companies.

As The Wall Street Journal noted just ahead of that cite,

No other candidate for the Democratic presidential nomination has been as eager to call for the breakup of Google as Sen. Elizabeth Warren.

Therein lies the hypocrisy: these two, along with many of their fellow Progressive-Democratic Party Presidential candidates, argue most vociferously for getting Big Money out of campaign finance.

Flip Flops

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The Wall Street Journal concerned itself with Progressive-Democratic Party Presidential candidate Joe Biden’s flip flop surrender on the question of abortion rights and the Hyde Amendment.  I have some thoughts on that.

Joe Biden’s best claim to the Democratic presidential nomination is that he’s a moderate liberal who can pull centrist votes from Donald Trump.

?? Biden himself has never made this claim during the present campaign. He led off his campaign by saying he was the most Progressive of all his fellow candidates.

That’s a non sequitur [the premise abortion rights are dependent on zip code]. The existence of a right doesn’t assume the government’s obligation to pay for it.

The second is WSJ‘s own non sequitur. Government doesn’t pay for anything; us taxpayers do. Government only brokers the deal. However, the WSJ‘s sentiment is on track, sort of: we taxpayers aren’t obligated to pay for anyone’s abortion, either.

Biden’s about-face…underscores how far left the Democratic Party’s activist base has moved.

This raises the more important and more general question. As the Progressive-Democrat candidates race each other to the far left to pander to the Progressive-Democratic Party’s base, what will the winner do in the general election?

Will that candidate betray the Party’s base in an effort to appeal to the center and to Independents, or will he betray the center and those Independents in order to stay with Party base?  In either event, how can he be believed by any voter?

Gun Rights vs Gun Controls

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In a Sunday Wall Street Journal piece about red flag laws as a means of gun control, Zusha Elinson asked whether there are any (other) measures that could unify gun rights and gun control supporters.

I say there are none.  Full stop.

Gun rights supporters want the 2nd Amendment honored as it’s written. That’s it, and it’s that simple.

Gun control supporters, though, don’t care about the 2nd Amendment, except to the extent they’re willing to go to the trouble of repealing it rather than simply ignoring it. This is demonstrated by a couple of things central to their position.

One is their demand to dictate our purpose in having this or that weapon—”Why does anyone need an assault weapon” and “You don’t need that for defense” and “You don’t need that at all.”

The other is their flat refusal to identify their limiting principle on their controls. Where would they stop? What natural condition in our Constitution would set a limit? Gun control supporters refuse to say; they just natter on about “just this sensible control,” or “just that sensible control,” or “common sense controls” generally.

And, of course, it’s their common sense, not anyone else’s.

Concerning Elinson’s main thesis, red flag laws allow authorities to seize, ostensibly temporarily, firearms from people someone has accused of being threats.

The problem with red flag laws is that they have no protections against the flag being raised falsely because the complainer has an axe to grind; or a grudge to push; or someone is oversensitive or overreacting, vis. a grade school teacher who doesn’t want to hear little Sally talking about granddad’s pistol so the teacher denounces granddad; or….

Nor are there any mechanisms beyond pretty words for returning confiscated weapons to the owner once the false flag is identified or the legitimately raised flag’s concern satisfied.

And this: they leave no means of protection for anyone else in the household from which the weapons have been confiscated. Those members are left completely defenseless.

Those last two are consistent with (though by themselves not dispositive of) gun control advocates’ desire to disarm us.

Abortion “Rights”

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Senator and Progressive-Democratic Party Presidential candidate Kamala Harris (D, CA) wants to further erode Federalism in our nation’s structure and have the central government pass on certain kinds of State laws before those laws can be…permitted…to take effect.  Harris’ position and proposal is well summarized in the sub-headline of the article at the link:

The Democratic presidential hopeful wants the Justice Department to review state laws restricting abortion before they would take effect

Since a core principle of our nation, acknowledged in our Declaration of Independence, centers on our Creator-endowed right to life, and it is the duty of any government, especially including ours, to protect the lives of those in its care—or even simply within its jurisdiction—I offer an alternative requirement, albeit one that parallels Harris’ attack on our federal structure.

The Justice Department should review state laws permitting abortion, particularly with a view to assessing their impact on life, before they would take effect

This would enable the central government to protect the baby’s life from being aborted in any but the most extreme circumstance.

It should be clear, after all, that abortion has absolutely nothing to do with women’s right to control their own bodies and everything to do with the baby’s—who in any abortion procedure has no one to speak for him—right simply to maintain his body.  Abortion has absolutely nothing to do with women’s “rights” generally and everything to do with the baby’s right to life.

Except in the minds of Progressive-Democrats.

Blowing Up Settlements

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The one being sabotaged here is between Facebook and the FTC over the FTC’s proposed settlement of Facebook’s “mishandling” of consumer privacy data, including surrendering millions of consumers’ personal information to Cambridge Analytica.

FTC Chairman Joseph Simons has the (Republican) votes he need to impose the settlement, from the FTC’s perspective, on a 3-2 partisan vote.  He’s quite rightly trying to get at least one of the Progressive-Democrats on the board to vote with him, but they’re bleating that a $5 billion fine and other controls don’t go far enough.

This is naked obstruction, though, based on a cynically manufactured beef.

Another impediment to the settlement is a textbook example of why Federal agencies ought not be spring-loaded to settle cases with miscreants.  “Settlements,” should be vanishingly rare, and they should occur only after the teeth from a history of court cases have been manifested.  This time, the block is whether

to name Facebook founder and CEO Mark Zuckerberg as a respondent in the complaint that would be filed by the agency as part of the settlement. Naming Mr Zuckerberg as a respondent could make him liable for future privacy missteps—and give the FTC leverage if it should seek to remove Mr Zuckerberg from the company’s management in the future.

Whichever party wants this included, it’s an entirely legitimate inclusion.

“Facebook representatives,” though, object, and they say Facebook will not accept a settlement that includes this.

There’s nothing here for Facebook to accept or reject, though. Facebook screwed up with consumers’ private, personal information, and the screwups identified in this putative settlement are just the latest in a long string of such…errors.  That those prior misbehaviors are not part of this case does matter in determining the price to be paid in this instance, but they should inform the FTC’s willingness to go to court rather than itself settle for a settlement.

There should be no settlement on the table or on offer in any guise.  The case should be in the courts, moving apace—the FTC should not allow Facebook’s lawyers to drag things out, and neither should the courts—with a court judgment sought. That judgment should include, at minimum, a company fine of $5 billion or more, Zuckerberg named as correspondent, and Zuckerberg personally fined for his role as the MFWIC condoning, if not actively authorizing, such privacy invasions and sales.