Tag Archives: regulation

More of the Same

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…from the best damn change-maker [Bill Clinton has] met in my entire life.  Indeed,

Mrs Clinton has been clear. She wants to serve as Mr. Obama’s political and policy heir, as she and he now admit. This won’t mean “change” unless the Clintons have an unusual personal definition of that word, as they do for “classified material.” A de facto third Obama term will mean the status quo, only more of it.

Here’s what Obama has accomplished with his policies, and Clinton has made no bones about wanting to do even more of it.

The slowest recovery from a recession since WWII—a period that encompasses a dozen recessions, culminating in the Panic of 2008.

  • labor force participation rate is at a 40 year low
  • median real household income remains lower than it was before the Panic
  • unemployment rate, even accounting for that greatly depressed labor force participation rate, didn’t recover even nominally until 5-6 years after the official end of the Panic against a normal interval of 2-3 years after the end of a recession
  • the national debt has been doubled and is growing because
  • the budget deficit, exploded in the years immediately following the Panic and dropping for a time after that has begun growing again

Rapid retreat from the world

  • Russia now occupies a partitioned Georgia and Ukraine (yes, Russia had invaded Georgia prior to this administration’s accession, but Obama has accepted the resulting partition)
  • Russia has attacked with impunity the Baltic States and Poland with cyber war
  • Russia threatens nuclear war against any European nation that builds is military defenses beyond what Russia would permit with this administration’s silence on the matter
  • abrogation of commitments to Poland and Czech Republic to deploy missile defense systems on the demand of Russia. We have yet to see whether this administration will follow through on a new commitment to Romania
  • People’s Republic of China occupation of the South China Sea
  • PRC repudiation of the International Court’s ruling against the PRC regarding the South China Sea, answered with US…silence
  • conclusion of an agreement with Iran that not only permits it to develop nuclear weapons, codifies that “right”
  • weakening of our ties with Israel
  • weakening of our ties with Great Britain, including Obama’s economic threat that if Great Britain leaves the EU, they will be pushed to the back of the bus queue on any trade deals with us

Here’s how Clinton wants to extend the domestic same old-same old, acceding to the demands of Independent Socialist Senator Sanders (I—he walked away from the D as soon as that no longer was convenient—VT).  We can’t afford four more years of no change, especially from a change-maker who’s promising unchanged-making.

  • subsidies ages 0 to 5
  • spending allegedly earmarked for public works (read, her crony capitalists)
  • wage controls for higher federal minimum
  • a right to child care
  • free college; a Medicare-like public health insurance option and administrative prices for new drugs;

With all of this paid for by even higher taxes, including a nearly doubling of the top tax rate on long-term capital gains to 43.4% from 23.8%, which is about as anti-investment and job-killing as it’s possible to get.

A Free Speech Ruling

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The Federal trial judge got this one right, even though the Arkansas law had been on the books for 35 years.  The question concerned whether the State could restrict political speech by robocall with the mechanism of banning political robocalls.  The same statute did not ban other political calls, only robocalls, and the judge called them on that logical conflict.

The statute is underinclusive. Banning calls made through an automated telephone system in connection with a political campaign cannot be justified by saying that the ban is needed to residential privacy and public safety when no limit is placed on other types of political calls that also may intrude on residential privacy or seize telephone lines.

There’s a larger question here, too, though.  Once we begin limiting political speech, where does it stop?  What’s the limiting principle?  What naturally limits the thing, without relying on government forbearance?  One such limit mentioned in the ruling concerns signs containing political speech.  The signs cannot be banned, but their placement can be restricted based on safety concerns (for instance, visually blocking views of crossing traffic at intersections).  Robocalls, irritating as they are, don’t present themselves as usefully limitable, given the importance of free political speech and (incumbent) government attempts to restrict it, other than an Arkansas averred

prevent[ion of] the seizure of phone lines, which could interfere with emergency calls being placed or received.

However, as the judge noted,

The Attorney General fails to explain why automated calls other than commercial calls and those made in connection with political campaigns—for example, calls encouraging individuals to contact a member of Congress regarding a bill or to attend a townhall meeting regarding a public issue—using automated dialing systems do not trample upon the state’s interests in residential privacy and public safety.

The State’s safety claim doesn’t hold water.

And so, again I ask, when it comes to government limiting speech, particularly political speech, where does it stop?  What’s the limiting principle?  Safety certainly can be one such limit, but Arkansas’ law doesn’t—didn’t—apply it.

The judge’s opinion can be seen here.

Another Out of Control Agency

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…that’s overcome with its own self-importance.  I’ve written before about how the Securities and Exchange System abuses its own system of in-house judges for SEC purposes rather than for the public’s interest.

The Federal Trade Commission is another such agency that’s showing it’s outlived its usefulness and for the same reason.  In 2008, LabMD was “found” to have inadvertently exposed a file containing personally identifiable patient information.  I write “found” because the company that “found” the exposure then tried to use their discovery to peddle its data security services to LabMD.  The FTC brought a case against LabMD over the exposure, but last year an FTC in-house judge ruled against the FTC and tossed the case.

That judge, D Michael Chapell, tossed the FTC’s case last year because the commission could not identify any consumers who’d been harmed by LabMD’s allegedly weak security practices. Because no one had been harmed in the seven years since the patient file was exposed, it was unlikely that anyone would be harmed in the future, Judge Chappell concluded.

Wrong answer, Judge.

The FTC, which has the authority to review the rulings issued by its administrative court, said Friday the judge used an incorrect legal standard that was too stringent.

The ruling, being inconvenient to the FTC’s narrative, was rejected out of hand.

Here is the usefulness of an in-house system of judges.

Labor Costs Up, Prices Up

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Starbucks is sharply raising its total compensation for its employees in the Seattle area.  Total compensation from wages and stock options is going up some 5% to 15%.  Carefully buried in the very last paragraph of The Seattle Times piece is this little nugget:

Last July, Starbucks raised its prices 3.5 times as much in Seattle as in the rest of the country.  It raised the price of its typical coffeeshop purchase across the U.S. by 1%, but in Seattle by 3.5%.

Hmm….

Need More Regulation

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That’s the meme of Federal Reserve Board Governor Daniel Turillo, the Fed’s reputed point man for regulation.  Turillo is claiming that

the lessons of the 2008 financial crisis won’t be complete without better regulation of short-term funding both inside and outside the banking system.

Naturally, the regulatory point man is going to see everything as a regulatory need.

OK, since more regulations are the solution, here’s a suggestion.

How about some regulations prohibiting the Federal government and the Federal Reserve Bank from using credit and lending as social engineering tools?