Category Archives: Political Commentary

Business, Economics, Media Criticism, Political Commentary

The President’s Limiting Principles

17 Comments

Are there any?

…yesterday the president issued an executive order (probably preempted by the Fair Labor Standards Act, Service Contract Act, Davis-Bacon Act while violating the Walsh-Healey Act) raising the minimum wage for employees of certain federal contractors to $10.10 an hour. He did so, according to the text of the Order, to increase productivity and improve the economy. If a $10.10 minimum wage for a narrow sliver of the workforce will improve the economy, why not raise it to $20.10? Come on, boost it to $50.10 and really get the economy humming. A Mercedes in every garage.

Then there’s Obamacare. The president’s granted so many waivers and extensions completely contrary to the plain text of the statute it’s hard to keep track. He’s ostensibly done so to, among other things, give individuals and businesses time to comply with the law and avoid some of the immediate costs associated with compliance. Again, why stop with Obamacare? Why not extend this year’s income-tax filing deadline to 2017? Give taxpayers more time to comply and adjust to the costs of compliance. It’s the right thing to do.

Why indeed is $10.10 the right number? This complete arbitrariness reminds me of the story of how Roosevelt determined the daily price of gold:

…the exposure to investors that Morgenthau was getting through the gold purchase project of 1933 was already teaching him something. Investors didn’t like the arbitrariness. It took away their confidence. One day Morgenthau asked FDR why the president had chosen to drive up the price of gold by 21 cents. The president cavalierly said he’d done that because 21 was seven times three, and three was a lucky number. “If anyone ever knew how we really set the gold price through a combination of lucky numbers etc., I think they would be frightened,” Morgenthau wrote in his diary. And they were: In the second half of 1933 a powerful stock rally flattened.

There is no more basis for the $10.10 number than there is for Roosevelt’s lucky number. But there are no limiting principles, as far as I can see. This is the totalitarian impulse.

Health, Media Criticism, Political Commentary, Science And Society, Social Commentary

Nutrition Science And Climate Science

8 Comments

How they’re alike:

Nutrition science and climate science share some common challenges: complex system(s) and many confounding factors. Severe tests for nutrition science can in principle be done, but they are very expensive and take decades. Severe tests for climate science require better observational evidence, particularly in the past.

When there’s no evidence to falsify what is merely a supposition,we are left with ”magical theories that explains absolutely everything – including diametrically contradictory phenomena, lack of logic and absence of evidence.”

There’s a lot of junk science associated with both.

Media Criticism, Political Commentary, Social Commentary, Technology and Society

The Second Amendment

Of course it secures the right to carry a gun. It’s astounding that anyone would argue otherwise.

[Update a few minutes later]

Eugene Volokh analyzes the ruling:

I think the Ninth Circuit majority’s analysis is correct on this, and the dissent’s is mistaken. The dissent keeps stressing that the case should be about whether the California ban on concealed carry is constitutional, and that Heller says that the concealed carry ban is indeed constitutional. But the California ban on concealed carry is part of a general scheme that bans the great bulk of all carrying in public for self-defense (unless one has a permit that the police may choose not to grant). It is this general scheme that violates the Second Amendment, even if a ban on concealed carry that left people free to carry openly would not do so.

The California ban was just an attempt to get around the Second Amendment, and even the Ninth Circuit recognized that.

Business, Economics, Health, Media Criticism, Political Commentary

The Arbitrary Health-Care Mandate

79 Comments

“My whim is my command“:

…the sudden demand that businesses stop adjusting for regulatory policy is nearly the height of hypocrisy for this administration, which has repeatedly offered short-term gimmicky tax credits for business decisions that boost its policies, including an ill-considered credit for hiring that ended up costing taxpayers millions for hiring decisions that would have been made anyway. Suddenly, the Obama administration has to take action outside of the law because employers respond to regulatory signals more predictably than one-off credits.

In other words, it’s a demonstration of arbitrary power, of precisely the kind predicted by Hayek. And it’s no longer just opponents of the ACA noticing.

At National Journal, Major Garrett blasted the latest unilateral changes in enforcing statutory law by noting, “The Affordable Care Act means what it says and says what it means. Until it doesn’t. … [T]he arbitrary is the norm.”

The editorial board at The Washington Post blasted Obama for his “increasingly cavalier approach to picking and choosing how to enforce this law. “ Garrett’s colleague Ron Fournier and the Daily Beast’s Kirsten Powers both declared their patience at an end to the arbitrary changes and continuing incompetence from the Obama administration – and all of these people support the law in principle.

The attempt to create a command economy in the health-insurance market has failed, in the same manner that Hayek predicted, and resulted in the same arbitrary use of power to attempt to compensate for those failures. The demand for businesses to “self-attest” that they aren’t following standard business principles foreshadows the later stages of unreality that will take from F. A. Hayek to George Orwell on a long enough continuum.

This is what tyranny looks like.

[Update a while later]

“Obama is legislating without the legislative branch. This is corrosive of self-government, counter to our constitutional system and contemptuous of the rule of law.”

Nothing new for him.

Media Criticism, Political Commentary, Social Commentary

My Twitter Battle With Anil Dash

1 Comment

I had one of the dumbest back and forths of my life last night, in response to this post.

I simply pointed out that he was being sexist, which quickly devolved into non sequiturs and straw men, and ultimately resulted in my being accused of lying and being “threatened and insecure.” It was pretty funny, actually.

[Update a while later]

This seems related somehow: thoughts on the sexism (and other “isms”) of Robert Heinlein and Orson Scott Card:

With Resnick and Malzberg the backlash was faster and louder and even a lot of their number thought (privately) that they were off their rocker. With Card, I think only the choir thinks he’s “a fascist.”

And with Larry… There is no word for this. It’s like a Chihuahua trying to hold onto a car by the back bumper. They have not only bit off more than they can chew, they’ve bit off more than they can… bite. In tactical terms it’s getting involved in a landwar in Asia or going up against a Sicilian when death is on the line.

But wait, there’s more. The other reason they’re getting crazier and crazier and trying to enforce group conformity more and more is that they are no longer in possession of the bully pulpit. It used to be due to quirks of distribution and culture in NYC that got get bought and properly distributed you had to be a darling with a “not Baen” house. Oh, Baen had bestsellers, but they were more a midlist house.

So advances with other houses were bigger, and prestige was immeasurably higher.

Well… The times they are achanging. The collapse of the chains; amazon; the internet where people can find out about books that were publishing put paid to the cozy gentleman’s arrangement of yore. Even when these people are getting published, their advances are smaller, and they have to compete with all the great unwashed for sales. They no longer feel their own specialness.

Yup.