Monthly Archives: July 2009

Government Abandons Lying; Resorts To Pure Naked Threats

I’m at a loss. I don’t know what world can justify this, and can only hope that my readers will be just as appalled as I am, because I have nothing to add.

WASHINGTON (AP) — Former Treasury Secretary Henry Paulson testified on Thursday that he pressured Bank of America Corp. last year to go through with its plans to buy Merrill Lynch but didn’t tell the bank’s chief to hide potential losses from shareholders.

Paulson acknowledged that he warned the bank’s CEO, Kenneth Lewis, that Lewis could lose his job if he dropped the deal. Paulson also said he pledged government aid to the bank but declined to put that promise in writing because the details would have been vague and would have to be disclosed publicly by the Treasury Department.

In testimony to the committee, Paulson said he told Lewis last year that reneging on his promise to purchase Merrill Lynch would show a “colossal lack of judgment.”

Paulson said that “under such circumstances,” the Federal Reserve would be justified in removing management at the bank.

“By referring to the Federal Reserve’s supervisory powers, I intended to deliver a strong message reinforcing the view that had been consistently expressed by the Federal Reserve, as Bank of America’s regulator, and shared by the Treasury, that it would be unthinkable for Bank of America to take this destructive action for which there was no reasonable legal basis and which would show a lack of judgment,” Paulson said.

Paulson said he believed his remarks to Lewis were “appropriate.”

Federal Reserve Chairman Ben Bernanke has denied threatening to oust Lewis and said he never told anyone else to, either. But another Fed official suggested otherwise in an e-mail obtained by House investigators.

Jeffrey Lacker, president of the Richmond Federal Reserve Bank, said in a December 2008 e-mail that Bernanke had planned to make “even more clear” that if Bank of America backed out on the deal, “management is gone.”

Paulson said Bernanke never asked him to relay the message. But, he added, he believed he was expressing the Fed’s opinion that dropping the deal “would raise serious questions about the competence and judgment of Bank of America’s management and board.”

I’ve previously covered this type of activity by Paulson & Bernanke here and here.

The Truth About Health Care Reform

Hidden within the language of the House Democrats’ Health Care Bill is a provision that would effectively destroy the market for private health insurance:

It didn’t take long to run into an “uh-oh” moment when reading the House’s “health care for all Americans” bill. Right there on Page 16 is a provision making individual private medical insurance illegal.

When we first saw the paragraph Tuesday, just after the 1,018-page document was released, we thought we surely must be misreading it. So we sought help from the House Ways and Means Committee.

It turns out we were right: The provision would indeed outlaw individual private coverage. Under the Orwellian header of “Protecting The Choice To Keep Current Coverage,” the “Limitation On New Enrollment” section of the bill clearly states:

“Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first effective date of coverage is on or after the first day” of the year the legislation becomes law.

So we can all keep our coverage, just as promised – with, of course, exceptions: Those who currently have private individual coverage won’t be able to change it. Nor will those who leave a company to work for themselves be free to buy individual plans from private carriers.

In other words, if this bill passes, you would be able to keep your current health insurance as Obama promises, but you wouldn’t be able to make any changes to it beyond adding or deleting new dependents, and the insurance company wouldn’t be able to increase premiums for specific risk groups without raising everyone’s premiums by the same amount, and they won’t be able to accept any new customers under the existing plan. Instead, they’d have to offer plans that comply with the rules set forth in the Democrats’ bill. This is a great move for the US. It cuts out companies offering extortionate plans to vulnerable citizens. They’ll have to comply with the new rules. On the new scheme, you’ll be able to Compare private health insurance quotes in seconds!

You can read the language for yourself, just go page 16.

Ed Morrissey is spot-on in describing what the impact of this part of the legislation would be:

[It] will have the effect of forcing millions of people into the public plan whether they want it or not. Even worse, if insurers get barred from attracting new customers – which this clause outlaws – then they will eventually see their rolls drained, thanks to the natural flow of the market as employers drop plans and skip the expense of offering medical insurance. It won’t take long at all for insurers to exit the market and leave the field for just the public plan, which will automatically get the customers of each individual insurer as they close up shop.

Does this bill outlaw private insurance? Literally, no, but in practical terms, it makes it an endangered species and creates an American single-payer system by default.

The good news ? It looks like the Blue Dog Democrats are joining Republican efforts to fight the worst parts of Obamacare:

Centrist Democrats are threatening to oppose their party’s healthcare legislation unless House Speaker Nancy Pelosi (D-Calif.) accepts changes that make the bill more to their liking.

Seven Blue Dogs on the House Energy and Commerce Committee have banded together to draft amendments that they’ll co-sponsor in the committee markup, which starts Thursday. Rep. Mike Ross (D-Ark.), the Blue Dogs’ point man on healthcare, says if those changes aren’t accepted, they’ll vote down the bill.

“We cannot support the current bill,” Ross said. “Last time I checked, it took seven Democrats to stop a bill in Energy and Commerce.” …

Blue Dogs think the bill fails to do enough to reduce healthcare costs, jeopardizes jobs with a fee on employers that don’t provide health insurance, and would base a government-run healthcare plan on a Medicare payment system that already penalizes their rural districts.

Here’s hoping that they can stop this monstrosity because, if it passes, it’s game over.

Sonia Sotomayor Gets It Wrong On Gun Rights

During the course of her confirmation hearing today, Sonia Sotomayor had a very interesting exchange with Senator Tom Coburn over the right to keep and bear arms:

In a prickly exchange over gun control, Sen. Tom Coburn tried hard to get Sonia Sotomayor to explain what she actually thinks about the right to bear arms. “As a citizen of this country do you believe … I have a right to personal self-defense?” he asked her.

Sotomayor said she couldn’t think of a Supreme Court case that had addressed the issue in that language. “Is there a constitutional right to self-defense?” she asked. “I can’t think of one. I could be wrong.”

The Oklahoma Republican said he didn’t want to know if there was a legal precedent that would answer his question — he wanted to know Sotomayor’s personal opinion.

She paused. “That is sort of an abstract question,” she said. “I don’t –”

“Well that’s what the American people want to hear,” Coburn said. Americans don’t want legalese from “bright legal minds,” he said. “They want to know if they can defend themselves in their homes.”

Sotomayor paused and then apologized. “I know it’s difficult to deal with someone who is a judge,” she said. “Let me try to address what you’re saying in the context that I can, OK?”

She went on to explain a hypothetical case – and the way she’d interpret it under New York law (the state whose law she knows best). The state allows someone to defend themselves if they fear an imminent threat. Let’s say, she told the senator, that Coburn threatened her and then she went home, got a gun and shot him.

“You’d have a lot of explaining to do!” Coburn said.

Here’s the video of the exchange:

One wonders if someone needs to give Sotomayor a copy of the majority opinion in D.C. v. Heller:

Between 1789 and 1820, nine States adopted Second Amendment analogues. Four of them-Kentucky, Ohio, Indiana, and Missouri-referred to the right of the people to “bear arms in defence of themselves and the State.” See n. 8, supra. Another three States-Mississippi, Connecticut, and Alabama-used the even more individualistic phrasing that each citizen has the “right to bear arms in defence of himself and the State.” See ibid. Finally, two States-Tennessee and Maine-used the “common defence” language of Massachusetts. See Tenn. Const., Art. XI, §26 (1796), in 6 Thorpe 3414, 3424; Me. Const., Art. I, §16 (1819), in 3 id., at 1646, 1648. That of the nine state constitutional protections for the right to bear arms enacted immediately after 1789 at least seven unequivocally protected an individual citizen’s right to self-defense is strong evidence that that is how the founding generation conceived of the right. And with one possible exception that we discuss in Part II–D–2, 19th-century courts and commentators interpreted these state constitutional provisions to protect an individual right to use arms for self-defense. See n. 9, supra; Simpson v. State, 5Yer. 356, 360 (Tenn. 1833).

(…)

It was plainly the understanding in the post-Civil War Congress that the Second Amendment protected an individual right to use arms for self-defense.

(…)

As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right.

Apparently, Sotomayor hasn’t read Heller at all.

Mother Jones Takes on the War on (Some) Drugs

The July/August 2009 issue of the Left-leaning Mother Jones dedicates several articles to the asinine War on (some) Drugs.
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The title of the magazine’s cover story states it best – “Totally Wasted: We’ve blown $300 billion. Death squads roam Mexico. Cartels operate in 259 cities. This is your War on Drugs. Any Questions?”

Reason’s Nick Gillespie points out that there are many areas that libertarians would disagree with (like I said, MoJo is a Left-leaning publication) but I think it’s good to expose a new audience to the failure that is this nation’s drug policy. From there we can debate the best way to bring the War on (some) Drugs to a conclusion.

Make-Work Projects Don’t Create Prosperity

The purpose of society is to help people satisfy their needs. A major means used to satisfy needs are economic activities such as production, trade, and the performance of services.

In a complex economy, it is easy to lose sight of this, and people begin to believe the fallacy that the purpose of an economy is to provide employment to people. And we get absurdities like the make-work projects of Roosevelt’s NRA.   French lawmaker and economist Frederic Bastiat eloquently explained the futility of this practice in the 19th century:

But Mr. Lamartine has advanced one argument which I cannot pass by in silence, for it is closely connected with this economic study. “The economical question, as regards theatres, is comprised in one word—labor. It matters little what is the nature of this labor; it is as fertile, as productive a labor as any other kind of labor in the nation. The theatres in France, you know, feed and salary no less than 80,000 workmen of different kinds; painters, masons, decorators, costumers, architects, etc., which constitute the very life and movement of several parts of this capital, and on this account they ought to have your sympathies.” Your sympathies! Say rather your money.

And further on he says: “The pleasures of Paris are the labor and the consumption of the provinces, and the luxuries of the rich are the wages and bread of 200,000 workmen of every description, who live by the manifold industry of the theatres on the surfeit of the republic, and who receive from these noble pleasures, which render France illustrious, the sustenance of their lives and the necessities of their families and children. It is to them that you will give 60,000 francs.”

Yes, it is to the workmen of the theatres that a part, at least, of these 60,000 francs will go; a few bribes, perhaps, may be abstracted on the way. Perhaps, if we were to look a little more closely into the matter, we might find that the cake had gone another way, and that those workmen were fortunate who had come in for a few crumbs. But I will allow, for the sake of argument, that the entire sum does go to the painters, decorators, etc.

This is that which is seen. But whence does it come? This is the other side of the question, and quite as important as the former. Where do these 60,000 francs spring from? and where would they go, if a vote of the legislature did not direct them first toward the Rue Rivoli and thence toward the Rue Grenelle? This is what is not seen. Certainly, nobody will think of maintaining that the legislative vote has caused this sum to be hatched in a ballot urn; that it is a pure addition made to the national wealth; that but for this miraculous vote these 60,000 francs would have been forever invisible and impalpable. It must be admitted that all that the majority can do is to decide that they shall be taken from one place to be sent to another; and if they take one direction, it is only because they have been diverted from another.

This being the case, it is clear that the taxpayer, who has contributed one franc, will no longer have this franc at his own disposal. It is clear that he will be deprived of some gratification to the amount of one franc; and that the workman, whoever he may be, who would have received it from him, will be deprived of a benefit to that amount. Let us not, therefore, be led by a childish illusion into believing that the vote of the 60,000 francs may add anything whatever to the well-being of the country, and to national labor. It displaces enjoyments, it transposes wages—that is all.

This fallacy is again being advanced by proponents of continued construction of the F-22 fighter, an aircraft that is so expensive and unreliable that it has never been risked in a combat sortie, and aircraft that was designed to combat a Soviet air force that disintegrated long before the aircraft got off the drawing board. Barack Obama wants to stop purhcasing these aricraft in order to redirect the revenues in a different direction.   Numerous lawmakers in whose districts components of the aircraft are built are trying to preserve cosntruction arguing that large numbers of people are employed making the aircraft.

Of course, the proponents are missing a major point: the people building the aircraft are wasting their time making something for which there is little consumer demand.  As a result,  the materials, the man hours, the factories all are diverted from making something for which there is greater consumer demand.  These people could be making better DVD players, or cheaper TV’s, or flying cars or better MRI’s.  Instead they produce an aircraft which is ineffective at its primary purpose, blowing things up.

If the proponents of continuing F-22 manufacture really want to improve the lot of the workers who make the aircraft, they should be allowing this uneconomical weapons system to be abandoned and allow the workers to look for work making things that people actually want.  Via the price system and the evolution of the free market, all of the resources idled by such a move would be rapidly repurposed to more profitable forms of production, and the workers would find sustainable jobs rather than depending on good will from lawmakers to keep their jobs going.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.
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