Posts tagged ‘Reason’

Another Reason for Declining Business Formation

I often criticize others for attributing 100% of any bad trend to their personal pet peeve.  To some extent I am guilty of that in my last post, where I blamed declining business formation on increasingly complex regulation and licensing.  I think there are good reasons for doing so -- I have spent the last 6 months passing up on business growth opportunities because I was too consumed with catching up on regulatory compliance minutia, particularly in California.  And I have watched as many of my smaller competitors who have fewer resources to dedicate to such compliance issues have left the business, telling me they could no longer keep up with all the requirements.

But there is seldom just one single cause for any trend in a complex, chaotic system (e.g. climate, but economics as well).  One other reason business formation may have dropped is the crash of the housing market and specifically in the equity many have in their homes.

Home equity has historically been an important source of capital for small business formation.  My first large investment in my company was funded with a loan that was secured by the equity in my home.  What outsiders may not realize about small business banking nowadays is that it is nothing like how banking is taught in high school civics.  In that model, the small business person goes to her local banker and presents a business plan, which the banker may fund if they think it is a good risk.

In the real world, trying to get such an unsecured loan from a bank as a small business will at best result in laughter.  My company is no longer what many would call "small" -- we will do millions in revenue this year.  But there is no way in the world that my banker of over 10 years will lend to my business unsecured -- they will demand some asset they can put a lien on.  So we can get financing of equipment purchases (as a capital lease on the equipment) and on factored receivables and inventory.  But without any of that stuff, a new business that just needs cash for startup cash flow is out of luck -- unless the owner has a personal asset, typically a house, on which the banker can place a lien.

So, without home equity, one of the two top sources of capital for small business formation disappears (the other top source is loans from friends and family, which one might also expect to dry up in a tough economy).

Postscript:  Banks will make cash flow loans if guaranteed by the SBA.  This is another whole can of worms, which I will not discuss today.  SBA loans are expensive and difficult to get, and the SBA has a tendency to turn the money spigot on and off at random times.  I have often wondered if the SBA helped to kill cash flow lending by banks.  First, why make risky small unsecured loans when you can get a government guarantee?  And second, with more formulaic lending criteria, SBA lending eliminated the need for loan officers who were good at evaluating business risks.  I can say from personal experience that the folks who can intelligently discuss a business plan and its risks are all gone from banks now (at least in the small business market).

Yet Another Reason to Live in Arizona

Via the Valley Fever blog:

Good news, Diamondbacks fans: Chase Field is still home to the cheapest beer in baseball.

Fourteen ounces of beer at a Diamondbacks game is still $4, making this at least the fifth season in a row the D-backs have had the cheapest beer in baseball.

Yet Another Reason I am Short Facebook


via Maggies Farm

In addition, some smart people are saying the WhatsApp acquisition for a bazillion dollars makes sense, but I can't help feeling like it is the late 90's all over again.

update:  Apparently unlike most all other major online advertisers, Facebook terms and conditions do not allow 3rd party click audits.

Yet Another Reason to Open our Relations to Cuba

The only reason people like Michael Moore or Tom Harkin can get away with singing praises of Cuban socialism is because most Americans can't go visit and see for themselves.  By keeping Cuba off-limits, we are doing the communists' work for them by allowing them to provide cherry-picked videos and stories through useful idiots that have zero bearing on the true life of the average person in Cuba.

Want to Make Your Reputation in Academia? Here is an Important Class of Problem For Which We Have No Solution Approach

Here is the problem:  There exists a highly dynamic, multi- multi- variable system.  One input is changed.  How much, and in what ways, did that change affect the system?

Here are two examples:

  • The government makes a trillion dollars in deficit spending to try to boost the economy.  Did it do so?  By how much? (This Reason article got me thinking about it)
  • Man's actions increase the amount of CO2 in the atmosphere.  We are fairly confident that this has some warming effect, but how how much?  There are big policy differences between the response to a lot and a little.

The difficulty, of course, is that there is no way to do a controlled study, and while one's studied variable is changing, so are thousands, even millions of others.  These two examples have a number of things in common:

  • We know feedbacks play a large role in the answer, but the system is so hard to pin down that we are not even sure of the sign, much less the magnitude, of the feedback.  Do positive feedbacks such as ice melting and cloud formation multiply CO2 warming many times, or is warming offset by negative feedback from things like cloud formation?  Similarly in the economy, does deficit spending get multiplied many times as the money gets respent over and over, or is it offset by declines in other categories of spending like business investment?
  • In both examples, we have recent cases where the system has not behaved as expected (at least by some).  The economy remained at best flat after the recent stimulus.  We have not seen global temperatures increase for 15-20 years despite a lot of CO2 prodcution.  Are these evidence that the hypothesized relationship between cause and effect does not exist (or is small), or simply evidence that other effects independently drove the system in the opposite direction such that, for example, the economy would have been even worse without the stimulus or the world would have cooled without CO2 additions.
  • In both examples, we use computer models not only to predict the future, but to explain the past.  When the government said that the stimulus had worked, they did so based on a computer model whose core assumptions were that stimulus works.  In both fields, we get this sort of circular proof, with the output of computer models that assume a causal relationship being used to prove the causal relationship

So, for those of you who may think that we are at the end of math (or science), here is a class of problem that is clearly, just from these two examples, enormously important.  And we cannot solve it -- we can't even come close, despite the hubris of Paul Krugman or Michael Mann who may argue differently.    We are explaining fire with Phlogiston.

I have no idea where the solution lies.  Perhaps all we can hope for is a Goedel to tell us the problem is impossible to solve so stop trying.  Perhaps the seeds of a solution exist but they are buried in another discipline (God knows the climate science field often lacks even the most basic connection to math and statistics knowledge).

Maybe I am missing something, but who is even working on this?  By "working on it" I do not mean trying to build incrementally "better" economics or climate models.  Plenty of folks doing that.  But who is working on new approaches to tease out relationships in complex multi-variable systems?

Another Possible Reason for Obama's Minimum Wage Push

Obama's minimum wage push could be an honest attempt to reduce poverty, but since only a trivial percentage of the American work force earns the minimum wage, and most of those are in starter jobs rather than trying to support a family, it does not make a lot of sense.

On the other hand, it could be another cynical payoff to unions that form the backbone of Obama's political support

Organized labor's instantaneous support for President Obama's recent proposal to hike the minimum wage doesn't make much sense at first glance. The average private-sector union member—at least one who still has a job—earns $22 an hour according to the Bureau of Labor Statistics. That's a far cry from the current $7.25 per hour federal minimum wage, or the $9 per hour the president has proposed. Altruistic solidarity with lower-paid workers isn't the reason for organized labor's cheerleading, either.

The real reason is that some unions and their members directly benefit from minimum wage increases—even when nary a union member actually makes the minimum wage.

The Center for Union Facts analyzed collective-bargaining agreements obtained from the Department of Labor's Office of Labor-Management Standards. The data indicate that a number of unions in the service, retail and hospitality industries peg their base-line wages to the minimum wage.

The Labor Department's collective-bargaining agreements file has a limited number of contracts available, so we were unable to determine how widespread the practice is. But the United Food and Commercial Workers International Union says that pegging its wages to the federal minimum is commonplace. On its website, the UFCW notes that "oftentimes, union contracts are triggered to implement wage hikes in the case of minimum wage increases." Such increases, the UFCW says, are "one of the many advantages of being a union member."

The labor contracts that we examined used a variety of methods to trigger the increases. The two most popular formulas were setting baseline union wages as a percentage above the state or federal minimum wage or mandating a flat wage premium above the minimum wage.

Ventura County Blues, Update

One of my favorites writers Megan McArdle comments on my post about the regulatory excess in California.  The same post was linked by Reason as well.  The Reason post got the attention of Ron Paul, who will be interviewing me for his radio show next week.

I posted a few updates on the article today:

Wow, reading this again, I left out so much!  An employee once sued us at this location for harassment and intimidation by her manager -- when the manager was her sister!  It cost me over $20,000 in legal expenses to get the case dismissed.  I had an older couple file a state complaint for age discrimination when they were terminated -- despite the fact that our entire business model is to hire retired people and the vast majority of our employees are 70 and older.  And how could I have forgotten the process of getting a liquor license?  I suppose I left it out because while tedious (my wife and I had to fly to California to get fingerprinted, for example), it is not really worse than in other places -- liquor license processes are universally bad, a feature and not a bug for the established businesses one is trying to compete with.   We gave the license up pretty quickly, when we saw how crazy and irresponsible much of the customer base was.  Trying to make the place safer and more family friendly, we banned alcohol from the lake area, and faced a series of lawsuit threats over that.

Yet Another Reason To Keep Government Out of Commerce

Because the government exempts itself from the most basic rules that apply to private companies.

Raising concerns about consumer privacy, California's health exchange has given insurance agents the names and contact information for tens of thousands of people who went online to check out coverage but didn't ask to be contacted.

The Covered California exchange said it started handing out this consumer information this week as part of a pilot program to help people enroll ahead of a Dec. 23 deadline to have health insurance in place by Jan. 1.

State officials said they are only trying to help potential customers find insurance and sign up in time. But some insurance brokers and consumers who were contacted said they were astonished by the state's move.

"I'm shocked and dumbfounded," said Sam Smith, an Encino insurance broker and president of the California Assn. of Health Underwriters, an industry group.

Smith said he was under the impression from the exchange that these consumers had requested assistance. He received the names of two consumers this week but has not yet contacted them.

"These people would have a legitimate complaint," Smith said.

The names provided include people who started an insurance application on the Covered California website since enrollment launched Oct. 1, but for whatever reason never picked a health plan or completed the sign-up process.

The state said it provided information on tens of thousands of people who logged into the state's website, but it didn't know the exact number.

The exchange said agents were given names, addresses, phone numbers and email addresses if available.

Politicians Lie By Default. They Lie Even When The Truth Is Easy To Check. Haven't We Figured That Out Yet?

Via Reason's Hit and Run

In the opening days of Obamacare’s October 1 launch, federal officials touted high web-traffic numbers, but repeatedly refused to provide enrollment data for the federally facilitated exchanges.

On October 3, White House spokesperson Jay Carney, pressed for enrollment numbers, said, “No, we don’t have that data.” On October 7, in an appearance on the Daily Show, Health and Human Services Secretary Kathleen Sebelius repeated the claim when questioned about enrollment: “I can’t tell you,” she said, “because I don’t know.”

But that simply wasn’t true—at least not during the first few days.

Leaked meeting notes from high-level war room briefings inside the federal health bureaucracy on October 2 and October 3 report that federal officials were aware of the exact number of federal enrollees on the first and second days in which the exchanges were running.

And, as seemed likely at the time, it turns out that the numbers were very, very low.

According to the notes, which were released by the House Committee on Oversight & Government Reform and taken from daily briefings in the Center for Consumer Information and Insurance Oversight, the federal office directly in charge of the exchanges, there were just six successful enrollments across the 36 federal exchanges on launch day.

A friend by the way sent me this stat:  Of the 5 million first day exchange visitors, more will be hit by lightening this year than successfully enrolled that day

Reason TV on Government Shutdown of Privately-Funded Parks

My competitor Eric Mart does a great job explaining the issues.

Schools Increasingly Constitution-Free Zones

Reason rightly highlights this story about a kid in Georgia facing 10 years in jail because his school found his fishing tackle box in his car and in it was, gasp, his fishing knife.

But what the local news story fails to make a point about is the absurdly low bar school officials have to clear to search student's cars.

Williams, a senior at Allatoona High School, became the subject of a warrantless search after a fellow student told a campus police officer that he or she saw smoke rising from Williams’ car in the student parking lot and it smelled like marijuana. An assistant principal searched the car and did not find any marijuana but did find a pocket knife in the center console, enough to get Williams suspended for 10 days and possibly expelled, while facing felony criminal charges.

Smoke was rising from the car?  Really?  Like Spiccoli's van in Fast Times for Ridgemont High?  I am sure glad this kind of administrative lawlessness was not allowed when I was in school.  I wouldn't be surprised if the original student report to the school wasn't a pure fabrication out of spite against this student.

Good God, How Does This Help Anyone Except Perhaps Helping Government Officials Feel Powerful

Via Reason

A Paris appeals court this week ordered the French cosmetics chain Sephora to close its flagship boutique on the iconic Champs Élysées boulevard at 9pm, angering salespeople who say they have freely accepted to work until midnight for years and now risk losing their jobs.

Following a trend among other businesses on Paris's most celebrated street, Sephora began extending its opening hours in 1996. Its designer perfumes, makeup and other cosmetics were, until this week, sold until midnight between Monday and Thursday, and as late as 1am on Friday and Saturday.

Citing labour laws that restrict night-time work, France’s largest unions collectively sued the shop. An administrative court sided with Sephora on December 6, 2012, allowing the cosmetics giant to keep its exceptionally late hours on the Champs-Élysées.

However, the appeals court overturned that decision on Sunday, agreeing with unions that the store’s “normal activity” does not “make night-time work a necessarity,” as the law states.

Equal Marriage Arizona on Hold

I wasn't really going to post on this but since it is making the news, Equal Marriage Arizona (of which I am co-chair) is putting on hold our efforts to amend the Arizona Constitution in 2014 and will defer to 2016.

At some point when this quiets down, I will write an extended article about the experience, which was certainly a learning exercise for me (and by the way did nothing to dissuade me from my general default stance of avoiding politics like the plague).

We honestly thought that an effort initiated and led by Republicans and libertarians was the right choice for a heavily red state like Arizona, and I am still convinced of that.  In fact, I think we knocked some of the Conservative opposition on their heels, and several Conservative commentators publicly stated that ours was a dangerously (for them) effective approach.  In addition, a number of prominent Republicans took me aside and thanked me -- they felt that getting this passed would help save the party from its worst impulses.

From the beginning, I had some nervousness that our language was not perfect (though the lawyers were happy with it), but it was polling well and even more than a year in advance we were polling over 50% of probable voters in 2014.

The buzz saw we ran into was not from the  Conservative opposition but from those we thought of as our allies.  Several prominent LGBT and gay marriage groups turned against us early, and pressured nearly every other group on the Left to oppose us, even getting a number of groups who had endorsed us early to withdraw their endorsements.

The reasons for this were myriad, and I may write that story at some future date.  Some of the wounds were self-inflicted on our part, and some were frankly due to my failings as a leader in this political arena.  But I am convinced that these groups were never, ever going to support us.   Some groups honestly worried that 2014 was too early in Arizona.  Others had... other concerns.  Scott Shackford of Reason makes some pretty good guesses, but there were issues beyond these.

Kudos for Teach for America

Via Reason on Teach for America (TFA)

The best evidence we had before today was a randomized evaluation conducted by Mathematica Policy Research between 2001 and 2003, which found that TFA teachers bested other teachers at teaching math — with gains for students equal to about a month of additional instruction —  and were not significantly different from them on teaching reading.

A follow-up using the same data showed that that result held for students across the math score distribution, not just the average student. “These results suggest that allowing highly qualified teachers, who in the absence of TFA would not have taught in these disadvantaged neighborhoods, should have a positive influence not just on students at the top of the achievement distribution but across the entire math test score distribution,” the authors concluded.

We sponsor a TFA teacher each year, and have fun doing a few little things for their classroom through the year (we collect school supplies at the beginning of the year, bring presents during the holidays).  Short of the school choice we really need, this is the best way we have found to help K-12 education.

Coyote in the Press on Parks

Handshake Magazine, a publication of the International Finance Corporation (a branch of the World Bank), has a series of interviews on parks and PPP's.  It has an article by Len Gilroy of the Reason Foundation on Park PPP's on page 32, a case study about our company and its operations on page 36, and an interview with me starting on page 38.

Citizen's Initiatives Dealt A Significant Blow

Since I am part of a group working to pass a ballot initiative in Arizona to allow same sex marriage in this state, I was obviously pleased with the decision to strike down DOMA yesterday.

However, the decision not to rule based on lack of standing on the Prop 8 suit creates a real mess above and beyond any implications for same-sex marriage.

Proposition 8, a California initiative to ban same-sex marriage that likely would not pass today, was introduced and passed five years ago because the authors of the initiative knew it was a step legislators would never take but that they thought (correctly at the time) that the voters would support.  In fact, in a nutshell, this is exactly what the initiative process was meant to achieve.  If citizens think the legislative process is broken on a particular issue (e.g. taxes, where legislators have entirely different incentives vis a vis raising taxes than do taxpayers), they can do an end-run.  In a sense, this is exactly what we are doing in Arizona with our Equal Marriage initiative, though of course with the opposite desired end result from Prop 8.  But just as in that case, we do not have high hopes of the current legislator passing such a Constitutional Amendment, so we are doing it through citizens initiative.

The problem in the Prop 8 case was that when the law was challenged in court, neither the governor nor the legislature was willing to defend it in court (remember, that it was passed over their opposition).  Given the very nature of ballot propositions and the reasons for them discussed above, this is likely a common occurrence.  But the Supreme Court refused to rule on the case because, as I understand their argument, only the administrative or legislative branch of the state government has standing to bring the appeal (ie defend the original law that was overturned by a local Federal court).

This is a really bad precedent.  It means that any initiative passed by citizens that is opposed by the current state government is enormously vulnerable to attack in courts.  If the government officials are the only ones who have standing, and they refuse to defend the law, then it will lose in court almost by summary judgement.

There has got to be some process where courts can grant citizens groups who filed and passed such initiatives standing to defend it in court.  Certainly there could be some judicial process for this, almost like the process for certifying a class and its official representative in a class action suit.  Without this, citizens initiatives are going to lose a lot of their power.

Update:  Scott Shackford at Reason writes

So should we be worried? Could the reverse – voters approve gay marriage recognition only to have the state refuse to back it – happen? What if the voters approved term limits for state legislators and they just ignored it?

The majority decision was not unsympathetic to the argument (incidentally, it’s interesting to see how polite these arguments are when you end up with such an unusual combination of justices on each side) but firm in that: 1) Getting a ballot initiative passed does not make you an agent of the state with standing; and 2) If you aren’t an agent of the state who is expected to defend the law, then you have to have proof of a personal harm and the proponents do not. Arguably, if the situation were reversed (the state refusing to defend an initiative recognizing gay marriage), it’s easy to see how they could allow standing and the outcry that would cause. A person denied a marriage license from a same-sex ballot initiative may be able to prove harms from discriminatory policies and earn standing.

I had not thought of it that way, but it is interesting that the Court could not find any demonstrated harm to straight petitioners from the legality of same-sex marriage.  I suppose that is a good sign.

The Non-Marriage Penalty

First, I am interviewed today at Reason on our Equal Marriage Arizona initiative.

One question that keeps coming up, both from libertarians as well as others, is why should government define marriage at all?  Can't anyone get married in any kind of private ceremony?

My response is that yes, in some sort of libertarian small-government world, the state would be irrelevant -- what I used to call separation of marriage and state.

But it turns out that the state is already deeply involved in marriage.  The explicit state licensing of marriage already exists, and our laws in Arizona for this licensing are unequal -- some couples get access to this state license, and some cannot.

What makes this important is that marriage is embedded in hundreds, even thousands, of laws.   I searched the Arizona Revised Statutes for mentions of the words "spouse" or "spouses".  These words are used 1133 times in 373 different statutes!  The Our America team told me they counted over a thousand references in Federal code.  In other words, our law codes give -- in thousands of instances -- specific rights, responsibilities, and privileges to married couples who have access to a state-granted marriage license.  Those left out of the current unequal definition of marriage face any number of challenges imposed on them by these specifics of spousal rights and privileges embedded in our law code.  I call this the non-marriage penalty.

There is no way to rip all these references to marriage out of the law and tax code.  The fairest solution -- the one that most respects individual freedoms -- is to accept that such government licensing of marriage exists and then make it as open and as equal and as fair and as accessible as we possibly can.  That is what we are trying to achieve with Equal Marriage Arizona.

Health Care Prices Are Not Actually Real Prices

Good stuff from Peter Suderman at Reason

 In March, journalist Steven Brill published a lengthy piece in Time magazine on high medical bills, comparing hospital “chargemaster” rates—the listed prices—to the rates paid by Medicare. And over the weekend, Elisabeth Rosenthal compared U.S. prices for a variety of health services to the lower prices paid by other countries.

Both pieces offer essentially the same thesis: The U.S. spends too much on health care because the prices Americans pay for health care services are too high. And both implicitly nod toward more aggressive regulation of medical prices as a solution.

Part of the reason these pieces get so much attention is that most Americans don’t actually know much of anything at all about the prices they pay for health services. That’s because Americans don’t pay those prices themselves. Instead, they pay subsidized premiums for insurance provided through their employers, or they pay taxes and get Medicare or Medicaid. Even people who purchase unsubsidized insurance on the individual market don’t know much about the particular prices for specific health services. They may open their wallets for copays to health providers, or cover some expenses up to a certain annual amount, but in many if not most cases they are not paying a full, listed price out of pocket.

What that means is that, in an important sense, the “prices” for health care services in America are not really prices at all. A better way to label them might be reimbursements—planned by Medicare bureaucrats and powerful physician advisory groups, negotiated by insurers who keep a watchful eye on the prices that Medicare charges, and only very occasionally paid by individuals, few of whom are shopping based on price and service quality, and a handful of whom are ultra-wealthy foreigners charged fantastic rates because they can afford it.

This is the real problem with health care pricing in the U.S.: not the lack of sufficiently aggressive price controls, but the lack of meaningful price signals.

Much more at the link.  If they really want an interesting comparison, compare the prices of medical care not covered by insurance (actually pre-paid medical plans) in the US, and those that are -- e.g. for plastic surgery vs. other out-patient surgeries.

For One Brief Moment, I Thought Reason Might Enter the Discourse on Budgets

Kevin Drum quoted this from James Fallows in a post labelled "threat inflation"

As I think about it this war and others the U.S. has contemplated or entered during my conscious life, I realize how strong is the recurrent pattern of threat inflation. Exactly once in the post-WW II era has the real threat been more ominous than officially portrayed

I thought, "wow, someone from the Coke or the Pepsi party is finally going to call BS on all the apocalyptic forecasts from both parties over the sequester."  But alas, he was just discussing foreign policy.  That is not to say I don't agree with the basic point, that foreign policy prescriptions are often accompanied by exaggerated horror stories of imminent threats -- I just wish they would recognize the same dynamic on the domestic front, whenever the smallest cut in government spending growth rates suddenly mean we are are going to put grandma out on an ice flow to freeze.

One Reason the Press is Always So Statist

Why is the media always so deferential to the state?  The reasons may be in part ideological, but there is a public choice explanation as well -- the state (particularly local police and crime stories) generate most of its headlines, and so they have a financial incentive to retain access to the source of so much of their content.

Perhaps even more revealing, though, was this:

To start, [San Diego County Sheriff's Office] spokeswoman Jan Caldwell explained to the room full of journalists why it is so important to be nice to her: "If you are rude, if you are obnoxious, if you are demanding, if you call me a liar, I will probably not talk to you anymore. And there's only one sheriff's department in town, and you can go talk to the deputies all you want but there's one PIO."

Here we have the heart of the matter. "Professional" journalists may, indeed, be brilliant, talented, well-trained, professional, with an abiding appetite for hard-hitting but neutral reporting. Yet professional journalists also depend on relationships. Ms. Caldwell calls that fact out, sending law enforcement's core message to the press: if you want access, play the game.

The game colors mainstream media coverage of criminal justice. Here's my overt bias: I'm a criminal defense attorney, a former prosecutor, and a critic of the criminal justice system. In my view, the press is too often deferential to police and prosecutors. They report the state's claims as fact and the defense's as nitpicking or flimflam. They accept the state's spin on police conduct uncritically. They present criminal justice issues from their favored "if it bleeds it leads" perspective rather than from a critical and questioning perspective, happily covering deliberate spectacle rather than calling it out as spectacleThey accept leaks and tips and favors from law enforcement, even when those tips and leaks and favors violate defendants' rights, and even when the act of giving the tip or leak or favor is itself a story that somebody ought to be investigating. In fact, they cheerfully facilitate obstruction of justice through leaks. They dumb down criminal justice issues to serve their narrative, or because they don't understand them.

This "professional" press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it. Of course they don't want to answer questions from the 800-pound bedridden guy in fuzzy slippers in his mother's basement. But it's not because an 800-pound bedridden guy can't ask pertinent questions. It's because he's frankly more likely to ask tough questions, more likely to depart from the mutually accepted narrative about the system, less likely to be "respectful" in order to protect his access. (Of course, he might also be completely nuts, in a way that "mainstream" journalism screens out to some extent.)

Which is why, despite Joe Arpaio's frequent antics that make national news, it falls to our local alt-weekly here in Phoenix rather than our monopoly daily paper to do actual investigative reporting on the Sheriff's office.

Free Speech -- We Were Just Kidding!

The First Amendment is nearly the last portion of the Bill of Rights that courts seem to take seriously -- treating all the others as if the Founders were just kidding.  The 9th and 10th went early.  The 2nd has been nibbled away at.  The 4th has become a bad joke under the last several Administrations.  We abandoned the 6th somewhere out in Guantanamo Bay and the 5th has fallen victim to the drug war.  (The 3rd is still alive and well, though!)

But today freedom of speech is under fire by those who increasingly claim [some] people have a right not to be offended that trumps free speech.  Just who has this new right and who does not (certainly white males don't seem to have it) is unclear, as well as how one can ever enforce a standard where the victim has full discretion in determining if a crime has been committed, are left unexplained.

We have seen this theory of speech gaining adherents in Universities, for example, so while its continued gains are worrisome though not entirely unexpected.  The one thing I never saw coming in the increasingly secular west was how much momentum anti-blasphemy laws would gain, and how much these laws would be pushed by the Left**.

Jonathon Turley has a good article on this topic in the Washington Post, as linked by Reason

Ken at Popehat has a roundup of creeping ant-blasphemy law over the last year (it is hard for me to even write that sentence seriously, it sounds so Medieval)

**It is in fact insane that the Left has so many people coming out in favor of protecting Islam from blasphemy.  I know it is not everyone, but it is just amazing that a good number of people who call themselves liberal can excuse violence by a misogynist culture that is meant to suppress speech in the name of Gods and Churches.  We have actual children of the sixties arguing that threats of violence are sufficiently good reason to suppress speech and that a religion that basically enslaves women needs laws that protect it from criticism  (these  same children of the sixties that all protested the Christmas bombings of Cambodia are also launching drone strikes willy nilly on civilians and claiming that the President can assassinate Americans solely on his say-so, but those are different topics.)

This all goes to prove my long-time conviction that the political parties have very little foundation in any real morality, and that they tend to simply take positions opposite of the other party.  Since Conservatives staked out the anti-Islam position, the Left feels the need to find some way to be pro-Islam.  Weird, but I can't think of any other explanation.  The only exceptions to this rule are 1) expansions of Presidential power and 2) taking the drug war to new stupid extremes.  Both parties seem unified in supporting these two things, at least when their guy is in office.

A Good Reason to Vote For A Write In Candidate...

... because it really annoys public officials when you don't vote for the candidates they have approved.

Every write-in entry must be verified with the list of legitimate write-in candidates for that election, by a three-member review team. In the August primary election, Maricopa County elections officials saw the biggest ratio of fake-to-legitimate write-in candidates in recent memory: Among 90,433 entries in write-in slots, 1,738 were votes for legitimate write-in candidates.

Each fake entry cost Arizona counties money and manpower and slowed down the tabulation process, said Maricopa County Recorder Helen Purcell, who oversees elections.

“They think they’re making some kind of a statement or being cute,” Purcell said.

The rise of write-in candidates - over 90,000 in one small-turnout primary election, strikes me as a very interesting untold story about the election and a metric of voter frustration with the whole process.

So don't be afraid to go off the board -- it is your right, no matter how much it irritates petty bureaucrats.  Mal Reynolds for President!

Maybe Another Reason To Vote Romney

OK, there are lots of reasons to get Obama out of office.  The problem is, that for most of them, I have no reasonable hope that Romney will be any better.  Corporatism?  CEO as Venture-Capitalist-in-Chief?  Indefinite detentions?  Lack of Transparency?  The Drug War?   Obamacare, which was modeled on Romneycare?  What are the odds that any of these improve under Romney, and at least under Obama they are not being done by someone who wraps himself in the mantle of small government and free markets, helping to corrupt the public understanding of those terms.

So I am pretty sure I cannot vote for Romey.  I really like Gary Johnson and I am pretty sure he will get my vote.  Republican friends get all over me for wasting my vote, saying it will just help Obama win.  So be it -- I see both candidates undertaking roughly the same actions and I would rather that bad statist actions be taken in the name of Progressives rather than in the name of someone who purports to be free market.

To test my own position, I have been scrounging for reasons to vote for Romney.  I have two so far:

1.  Less likely to bail out Illinois when its pension system goes broke in the next few years

2.  I might marginally prefer his Supreme Court nominees to Obama's

That is about all I have.  Stretching today, I have come up with a third:

3.  If we have a Republican in the White House, the press will start doing its job and dig into the facts about drone strikes and warrant-less wiretapping.

You know the press are in full defense mode protecting their guy in office when the only press that reports on the ACLU's accusation about sky-rocketing wire tapping under Obama are the libertarians at Reason and the Marxists at the World Socialist Web site.  Four years ago the New York Times would have milked this for about a dozen articles.  It may take a Republican President to get the media to kick back into accountability mode over expansions of executive power.

A Good Reason To Get Obama Out of Office

OK, there are lots of reasons to get Obama out of office.  The problem is, that for most of them, I have no reasonable hope that Romney will be any better.  Corporatism?  CEO as Venture-Capitalist-in-Chief?  Indefinite detentions?  Lack of Transparency?  The Drug War?   Obamacare, which was modeled on Romneycare?  What are the odds that any of these improve under Romney, and at least under Obama they are not being done by someone who wraps himself in the mantle of small government and free markets, helping to corrupt the public understanding of those terms.

But here is one issue Obama is almost certainly going to be worse:  Bail outs of states.  States will start seeking Federal bailouts, probably initially in the form of Federal guarantees of their pension obligations, in the next 4 years.  I had thought that Obama would be particularly susceptible if California is the first to come begging.  But imagine how fast he will whip out our money if it is Illinois at the trough first?

Now that Chicago's children have returned to not learning in school, we can all move on to the next crisis in Illinois public finance: unfunded public pensions. Readers who live in the other 49 states will be pleased to learn that Governor Pat Quinn's 2012 budget proposal already floated the idea of a federal guarantee of its pension debt. Think Germany and eurobonds for Greece, Italy and Spain.

Thank you for sharing, Governor.

Sooner or later, we knew it would come to this since the Democrats who are running Illinois into the ground can't bring themselves to oppose union demands. Illinois now has some $8 billion in current debts outstanding and taxpayers are on the hook for more than $200 billion in unfunded retirement costs for government workers. By some estimates, the system could be the first in the nation to go broke, as early as 2018....

For years, states have engaged in elaborate accounting tricks to improve appearances, including using an unrealistically high 8% "discount" rate to account for future liabilities. To make that fairy tale come true, state pension funds would have to average returns of 8% a year, which even the toothless Government Accounting Standards Board and Moody's have said are unrealistic....

Look no further than the recent Chicago teachers strike. The city is already facing upwards of a $1 billion deficit next year with hundreds of millions of dollars in annual pension costs for retired teachers coming due. But despite the fiscal imperatives, the negotiation didn't even discuss pensions. The final deal gave unions a more than 17% raise over four years, while they keep benefits and pensions that workers in the wealth-creating private economy can only imagine.

As a political matter, public unions are pursuing a version of the GM strategy: Never make a concession at the state level, figuring that if things get really bad the federal government will have no political choice but to bail out the pensions if not the entire state. Mr. Quinn made that official by pointing out in his budget proposal that "significant long-term improvements" in the state pension debt will come from "seeking a federal guarantee of the debt."

I had not paid much attention to the Chicago teacher's strike, except to note that the City basically caved to the unions.  The average teacher salary in Chicago, even without benefits, will soon rise to nearly $100,000 a year for just 9 months work.  But I am amazed at the statement that no one even bothered to challenge the union on pensions despite the fact that the system is essentially bankrupt.  Illinois really seems to be banking on their favorite son bailing them out with our money.

Real Reason for US Recession Uncovered

According to the RIAA prosecutors owned by the RIAA, it is all Kim Dotcom's fault:

Meanwhile, Megaupload founder Kim Dotcom is free on bail, living in his rented home near Auckland and awaiting extradition proceedings to begin in August. Dotcom along with Finn Batato, Julius Bencko, Sven Echternach, Mathias Ortmann, Andrus Nomm and Bram Van Der Kolk are charged with criminal copyright infringement and money laundering.

The men -- along with two companies -- are accused of collecting advertising and subscription fees from users for faster download speeds of material stored on Megaupload. Prosecutors allege the website and its operators collected US$175 million in criminal proceeds, costing copyright holders more than $500 billion in damages to copyright holders.

$500 billion is about 3.5% of US GDP.