Federalism questions – those involving the interplay of federal and state law – are determined by ideology not principle or doctrine. When a state desires to allow a citizen to use medical marijuana, the Right embraces federal law limitations to preclude individual choice because the Right dislikes dope. When a state offers to allow and regulate assisted suicide, the Right embraces federal law limitations to preclude individual choice because the Right decides who gets to decide. However, when the federal government respects a fundamental right that is anathema to the Right’s agenda, the Right disregards the commerce clause and other constitutional safeguards and embraces states’ rights to trump the federal provision and rights. These are the rules of the game. The rule of law has been replaced by the law of rules.
Archive for the Politics Category
Federalism Distorted (February 6, 2006)
Posted in Law, Politics, Supreme Court on February 6, 2006 by e-commentary.orgAmtrak – The (Rail) Road to National Security (January 23, 2006)
Posted in Politics, Transportation on January 23, 2006 by e-commentary.orgThe right assails Amtrak because it is uneconomical; the left criticizes Amtrak because it is inefficient. When one airplane is grounded by a shoulder-mounted SAM (surface to air missile), all the commercial and general aviation airports in the country will be closed. Transportation by air will be prohibited; the aviation network is inextricably intertwined. By then, with gasoline priced at, say, $10.00 a gallon, transportation by automobile will be prohibitively expensive. Someone will observe that if we still had Amtrak, we would have a relatively safe and comparatively economical and efficient way to transport people and goods. Any threat to one line could be quarantined while most of the remaining tracks are operated albeit with some delay and inconvenience. The railroad system is extricably intertwined. Worth considering.
Gun Control, NRA Style (January 9, 2006)
Posted in Civil Rights/Civil Liberties, Guns, Law, Politics, USA PATRIOT Act on January 9, 2006 by e-commentary.orgSome agency could easily download the membership list of the NRA, legally or illegally, although there seems to be no difference today. The technology exists; the USA PATRIOT Act provides a pretext if one is needed. Then the agency could break into the homes of all NRA members and confiscate their weapons. There may not be a Fourth Amendment limitation because the Fourth Amendment may soon be deleted from the Constitution. Probable cause has been shown because the members of the NRA probably caused themselves to own guns. And probable cause may not even be required in the near future. The agency may be prying many cold, dead fingers off many guns. “I really wasn’t using my civil liberties anyway.”
The Year Past (January 2, 2006)
Posted in Economics, Philosophy, Politics on January 2, 2006 by e-commentary.orgOne of last year’s predictions was flat wrong – the Euro went sideways, not up, relative to the dollar. That means that Europe went sideways, not up. That is not good. Untethering the Yuan, albeit slightly, in July was critical; the Yuan must be free to go up or down or sideways. The dollar must remain free to go down to balance the trade deficit. The National Debt broke 8 Trillion and continues to skyrocket. The Crusade in Iraq is a continuing failure. We as a planet celebrated the second anniversary of Bush’s declaration of World War III on March 19. The battlefield is now the entire planet; there is no plan and no end in sight. The Downing Street Memo released in The Sunday Times on May 1 confirmed that the entire Crusade was premised on a lie; May 1 is “Law Day” which is a day to reflect on our heritage of liberty, justice and equality under the law and the rule of law in a democracy; the Sunday Times article was overlooked or disregarded by almost every American commentator. The cesspool of corruption fomented by the Republicans now has some citizens scratching their heads and wondering whether we should return to a two party political system; it has served as a check and provided balance even though it is not written into the Constitution. The conquest of the Supreme Court began as promised. Activist conservative Supreme Court justices will reward the president who appointed them with a blank check to establish a Supreme Emperor. When called upon, the Supremes will reciprocate again and appoint a Republican president. Smiles mask lies. A federal government designed not to respond to major disasters such as the Hurricanes this summer will not be able to respond to major disasters. The response to Katrina and kin was intentional not unwitting. A federal judge in Pennsylvania appointed by Bush of all people provided a flicker of hope when he observed that intelligent design has no place in the classroom. Harold Pinter discussed the lack of truth in politics in his Nobel acceptance speech. Those who were confident that Bubble Boy was monitoring their conversations remain convinced that he is monitoring them. What else is he doing to us? There is a new Pope. And Terry Schiavo, RIP.
Ohio – Not Forgettin’ Ohio; The Battleground State Battles On (May 2, 2005)
Posted in Bush, Civil Rights/Civil Liberties, Constitution, Crime/Punishment, First Amendment, Military, Politics, Society on May 2, 2005 by e-commentary.org[May 4 is the 35th anniversary of the incident at Kent State]
The battleground in Ohio in the Fall of 2004 could become another battleground in the Fall of 2006 or the Spring of 2007. America engaged in one of its periodic civil wars when the Ohio National Guard attacked kids who disagreed with America’s actions in the earlier Iraq. Crosby, Stills, Nash and Young (not a law firm) chronicled the activities in the eponymous essay entitled “Ohio.” “Got to get down to it, soldiers are gunning us down.”
The state revealed its character in the last election. Democracy flourishes in places like the Ukraine because the people demand it. The Republicans own Ohio and would not allow democracy to flourish there. With some commendable exceptions, Ohioans did not demand democracy. Not a good start. A cradle of democracy is a better starting place than a graveyard.
The Guard was always a hybrid group of militia that could both “provide for the common defense” and “promote the general welfare.” They were the backup local police and EMTs and weekend warriors who could spell the regular military for a few weeks or months at the front. They have been swept up in a Back Door Draft (BD) with “stop gap” orders in support of an illegal war. Bush has eviscerated the very haven he sought to avoid active military service to his country. Few will go into the Guard in the future except as a last desperate resort. When there is a need for Guardsmen to help after a hurricane in Florida, a tornado in Oklahoma, a wild fire in Montana, or an earthquake in Alaska, there may be no one there to assist. And there will be no one there to assist in a generation.
When the kids get conscripted in the Bush Front Door Draft (FD) to support the Second Crusades, will they resist? Will the few remaining members of the Guard shoot them or lay down their arms? Will this new generation of returning Guardsmen be willing to shoot American kids who don’t want to be departing Guardsmen? Time, they say, will tell. Forgettin’ Ohio? “How can you run when you know.”
The “Ownership State” and “Bush, Inc.” (April 11, 2005)
Posted in Bush, Economics, Politics on April 11, 2005 by e-commentary.orgThe “ownership state” is a movement to establish a very small cadre of Republicans who own the ship of state, and everything else.
Also marketed as the “ownership society,” the “Raw Deal,” or the “Malignant Society.”
Bush, Inc. (Ticker Symbol: BuSh), a multinational corporation incorporated offshore, offers publicly traded preferred shares affording one who can afford it an opportunity to make a pure play to “own America.” Individuals, but only very wealthy individuals, can acquire an interest in the enterprise in various dollar denominations marketed as “Rangers” and “Pioneers” and “Cattle Rustlers” and “Robber Barons” and “Inside Traders.” Bush, Inc. has successfully fooled the public into believing that ordinary citizens can acquire a share of America, but they offer no common stock.
Karl Rove, winner of the J.P. Goebbels Propaganda Award for 1999, for 2000, for 2001, for 2002, for 2003 and for 2004 and a finalist for 2005, is the CPO (Chief Propaganda Officer) and scrivener of the prospectus. Call for the prospectus which does not include investment objectives, risks, charges, expenses or other information. Operators are standing by. Read and consider the prospectus carefully before investing. Past performance can be used to predict future performance. As with any prospective investment, take the time to do some additional research. Note that many Officers and Board members stand for retention election next November. A change in management is the only way to bring about change.
The Courts, the California prison experiment and the Y Chromosome (February 28, 2005)
Posted in Law, Politics, Prison/Criminology, Race, Supreme Court on February 28, 2005 by e-commentary.orgCalifornia has tried with courage and innovation to do something about the problem of prison violence in its state prisons. The Ninth Circuit said they did an acceptable job. The Supreme Court recently dissented.
The state of California established a practice of providing a short-term delay before integrating a new or newly transferred inmate into the prison population. The practice was not motivated by malice toward anyone and was undertaken with as much charity toward all as possible. The practice was undertaken to protect the prisoner.
Mr. R. P. McMurphy, the philosopher and sports enthusiast in “One Flew Over The Cuckoo’s Nest,” observed that males really want to do two things in life – fight and write poetry. This is known among well meaning social scientists and cultural anthropologists as the “F & F passions” or “F2 Passions.” Cage a bunch of misfits and rascals and cattle rustlers and others who lacked an older, strong male influence in their youth and you will find that males revert to their atavistic pursuits.
California tried to abate the pastimes in the American prison system that make the Skull & Bones antics at abu Ghraib prison look like a Sunday school camping trip. Republican jurispruds seek to outlaw consensual anal sex among males and also impose it on unconsenting males; those who violate the Republican prohibition will be sent to prison immediately. Reducing the violence in America’s prison is problematic, but it is a problem that requires much more public attention.
The United States Court of Appeals for the Ninth Circuit, the “Wild West Circuit” or the “Niners,” is the largest (case load, population, geography, lattes and lassoes) and most entertaining of the federal courts of appeals. The circuit encompasses the state-nation of California and other blue states (Washington, Oregon, Hawaii) that are part of the Western Province of the Blue Nation. Some red states are members (Alaska, Arizona, Idaho, Montana, Nevada); the bottom half of the class makes the top half possible. Decisions of the Niners are appealed to the Big Court, the Supreme Court, the “Supremes.” The Niners and the Supremes have a running institutional hissy fit. At times, there has been more talent and insight and understanding on the Niners than on the Supremes. Even per capita. However, the Supremes have the last say.
The thing involves Race, so things got dicey. America is still desperately and frantically trying to figure out what to do with the R issue. When matters involving R arise, all logic and clear thinking often goes to hell.
The forces of light (O’Connor, Ginsburg, Souter, Breyer and Kennedy) wrote the majority but flawed opinion for the Supremes. Two years earlier, some of these justices were willing to grant deference to a graduate school of law (the University of Michigan Law School) but this year not to a graduate school of crime (the California criminal justice system). The California criminal justice system is one of the affiliates of the criminal American justice system. The majority stated that “[i]n the prison context, when the government’s power is at its apex, we think that searching judicial review of racial classifications is necessary to guard against invidious discrimination.” In the prison context, the government’s power, however, is at its nadir. The government does deny an individual his liberty interest. However, the prisoners run the prison. Commentators have remarked recently that the number of former convicts on the Supremes who could share their insights is at an all time low.
Justice Stevens reacted rather than reflecting by proposing a wooden rule. The Dynamic Duo (Thomas and Scalia) contended that “[t]he Constitution has always demanded less within the prison walls.” The Constitution must demand more within the prison walls. The Constitution does not preclude the efforts and innovation undertaken by the California system.
The case has been shipped back to the Niners. They should do the legal dance and allow lengthy briefing and conduct a protracted and windy oral argument. After taking the matter under advisement and waiting long enough to raise the excitement to a crescendo, they should issue a lengthy treatise with enough footnotes to make it look like a completed crossword puzzle. The decision should find that “gang violence and rape in prisons are bad; gang violent and rape in prisons should be abated; California’s practice of short-term delayed integration into the prison population has been strictly scrutinized; California’s practice advances the goal of abating gang violence and rape and therefore passes searching strict judicial scrutiny.” Despite all the institutional and individual impediments, clear thinking may prevail.
Johnson v. California, No. 03-636.
Celebrating Malcolm X Day (February 21, 2005)
Posted in Politics, Race, Society on February 21, 2005 by e-commentary.orgMalcolm X – A twentieth century political philosopher and champion of civil rights. He embraced faith-based initiatives and encouraged private sector activism to advance family values and oppose the most extensive and dangerous network of terrorist cells ever to occupy American soil and terrify the countryside. Died of natural causes in America; he was killed. Someday he will receive a posthumous Presidential Medal of Freedom for his efforts to promote freedom.
An Airline (Partial) Survival Guide (January 24, 2005)
Posted in Aviation, Economics, Politics on January 24, 2005 by e-commentary.orgHow do you create a small profitable airline? Start out with a large profitable airline. The move of small and large airlines to unprofitable status in America is cause for concern. The survival of many of Americas private air carrier system is in everyone’s interest.
The current insane pricing system is too baroque and requires one to earn a merit badge or obtain an MA in Ticketology. There is so much effort expended and time wasted that does not provide any utility attempting to find an even cheaper ticket. On any given flight, one would need to search a few rows to find someone who paid the same or even a similar price for a ticket. “That fellow in seat 6C looks smug. He got a better deal. I know it. Next time, one more search, by golly.” The search itself provides no social benefit. By contrast, a hurricane that inflicts a billion dollars in damages also inflicts a billion dollars in benefits because of the resulting purchases of plywood, overtime for insurance adjusters, sales of batteries and bottled water, etc. By contrast, the process of searching for a cheaper ticket does not provide much utility even if a successful outcome provides some fleeting happiness.
The fare structure should be simplified to one fare with desperately few restrictions, conditions or limitations. Business class fares are undesirable because the tickets are purchased by the public via an income tax deduction provided by our even more baroque and byzantine tax system. On the other hand, in a free market, perhaps a business class section meets an acceptable public desire. A Saturday night stay or a Tuesday afternoon stay or a Friday morning stay is not related to the actual cost of transporting humans; stay stays altogether. Current thirty-day limitations on travel are unfounded, although a requirement that travel be completed within a year provides for the elimination of the liability to the airline within the fiscal year; this limitation really only impacts five customers. Charging more for a ticket as one gets close to the date of the flight may appear to trap those who have no other alternative. Trapping those who have no other alternative is inelegant, unsporting and bad business. Set one price and then let those who want to have that ticket in hand buy a ticket early. One astute frequent flyer plan allows a participant to walk up to the booth on the day of departure and fly if there is an available seat. The airline satisfies a previously satisfied customer while extinguishing a liability. The additional cost of the passenger is little more than peanuts, although admittedly some more fuel is consumed, blankets are worn and thus worn out, flight attendants must attend, etc.
The airlines should not serve much more than peanuts on a domestic flight. They should provide fast flights not fast food. All the different dietary needs that have been met commendably by the airlines to date (such as no peanut products in the food, etc.) are too expensive and unwarranted. Food courts at the terminals provide food more efficiently. Aircraft space currently committed to the galleys could be used for more seats and for an additional two inches of knee room between each seat. Flight attendants who were originally nurses would no longer hand out fries and would instead nurse the safety of the larger number of passengers in more spacious seats. Eliminating the food delivery to the aircraft eliminates the most vulnerable opportunity for a security breach of the aircraft. And if someone wants to change a return time and there is an available seat, change the time once for $25 and a second time for $100. Allowing for free time changes does not force the passenger to spend sufficient time at the outset determining his or her realistic travel plans. Passengers treated this way will be back.
Any action by the government is likely to botch up the necessary market forces. Create a CAB II? BAD. Those who laud the apparent lack of government involvement in the airline industry since 1977 overlook the nearly complete regulation of the industry at this time by the government. The government agency is known as the United States Bankruptcy Court For The __________ District Of __________. Bankruptcy courts are appallingly poor economic air traffic cops. The airlines need to behave rationally with as little government activity as possible.
An airline that cut costs by eliminating these inefficiencies (and absurdities) may survive long enough to achieve profitability. That best serves the public interest. There are still the problems of unfunded pension plans and inadequate health care, but that is for another flight.
America the Bankrupt: Economics 210 in the Land of the Freeway and the Home of the Wave (January 17, 2005)
Posted in China, Debt/Deficits, Dollar - World's Reserve Currency, Economics, Housing, Hyperdive Economic Collapse, Inflation, Politics on January 17, 2005 by e-commentary.orgIn The Bankruptcy Court For The World
In re the United States of America, )
Debtor. ) W-06 – _______
_____________________________)
Comes now the United States of America (hereinafter “U.S.A.”) and hereby declares that it is insolvent. The U.S.A. is unable to meet its obligations and pay its bills and regrettably must . . . . . . . .
When the Euro (E) commands two green backs (GBs) and the U.S. national Debt (D) (not the deficit (the little “d”)) reaches ten Trillion, there will be an uncontrollable economic meltdown in American financial markets.
Imagine if you spent $10 K (10 thousand) a month for 6 months, then your deficit is $10 K a month; your Debt (the total bill; the entire enchilada; the whole shooting match) is $60 K plus interest and growing. The little “d” deficit is bad; the Big “D” Debt is very Bad. Never forget the Big D. In addition, today the total personal debt (including mortgages) of the citizens of America (P) already exceeds ten trillion and continues to grow. It is only a matter of time.
The numbers are too big, so the government lies. About both the number and its effects on the economy. The government unilaterally decides to divide the big “D” figure in the example above (60 K) into two numbers (20 K) and report another acceptable number (40 K) to the public. The government simply considers some expenses “Off Budget” (20 K) and then reports a smaller “On Budget” number (40 K) as the Big D. The same accounting gymnastics are applied when the government misrepresents the little “d” deficit and simply states that it is $6 or $7 K a month. Unemployed accountants from Enron and WorldCom assist in the effort. However, the foreign investors know the real scores, namely that the deficit is really 10 K and the Debt is really 60 K.
Everyone has forgotten the quadratic equation, but how many citizens realize that a trillion is one thousand (1000) billion or 1 with 12 zeros (1,000,000,000,000.00). A billion is one thousand (1000) million or 1 with 9 zeros (1,000,000,000.00). A million is one thousand (1000) thousand or 1 with 6 zeros (1,000,000.00). These -illions and -illions and -illions of dollars must come from someone’s pocket. Yours.
Look around. The Chinese are selling goods to Americans and selling money to Americans to buy the goods from the Chinese. Okay, it is a little more complex and involves other players and plays. At core, however, Americans do little more than take money from other countries and give it back to the countries in exchange for their goods and services.
David Ricardo is still right on the money. He rightfully assumed that everyone has something to bring to the table known as the marketplace. Comparative international trade theory is premised on every player doing something more efficiently than another player. The fundamental and growing problem is that America is increasingly not able competitively to produce goods and provide services sought by other countries. The U.S. will not have a comparative advantage in the production or provision of much in the coming decades.
There is no sound doctrinal economic theory that relates or correlates total personal or national debt with gross domestic product or the trade deficit or other economic factors and measures of performance. The relationships over time are available for scrutiny. The lack of any generally accepted theory leaves individual players to determine their own psychological anxiety level and to predict the comfort level and behavior of other players. At some time, enough will be enough or more than enough. Most individual foreign businessmen have no quarrel with the current scheme except if their products become far less desirable against comparable American products because of the continuing decline of the dollar. Collectively the game will collapse when the larger players realize that the return on the investment will never materialize for the players who don’t know when to fold them. The growing personal debt (P) of the citizenry and the rising national Debt (D) of the country will accelerate the collapse of the dollar. The declining dollar will retard the decline for a time because foreigners will buy more of the cheaper products and services from the U.S. and ride the closeout sale for a time. It is only a matter of time.
At some point, few players will be foolish enough to provide or accept devalued dollars in exchange for interest payments also made in devalued dimes or even quarters. A lender who provides $100 at an expected 5 % interest rate will discover that he will receive devalued dollars and nickels in the future. At a 20 % devaluation, the lender will receive $80 ($100 x .8) in principle and $4 ($5 x .8) for a total return of $84. To make something on the deal, the lender will demand a nominal rate of 30 % interest at a minimum. At a 20 % devaluation, the lender will receive $80 ($100 x .8) in principle and $24 ($30 x .8) for a total return of $104. He is now a day late and still a dollar short. To obtain a 5 % rate of return, he must demand 31.2 % interest. Add in a few more points for uncertainty and even more points to accommodate unchecked inflation. At some point, the Hyperdive economy will be characterized by what engineers describe as “positive dynamic instability.” Everything will deteriorate quickly with no effective countervailing prescription.
Monetary policy is the only mechanism to fine tune economic behavior. When the Hyperdive starts, however, the Fed will not be able to stem the spin even if it raises or lowers the Federal Funds Rate (FFR) radically. The world market will not respond predictably to the Fed. In the past, the Fed’s increase of the interest rate usually drove down the supply of money; its decrease of the rate usually drove up the supply of money. In the new economy, a higher interest rate will attract foreign lenders and repel American borrowers; a lower interest rate will repel foreign lenders and attract American borrowers with their voracious consumption habits. There is no equilibrium interest rate. In addition, the Fed can exercise some control of the M1 money supply, but it cannot control the “plastic supply” (P1 ?) that is within the control of the public and is now out of control. The public can print plastic and confound policy, at least for a time.
This perfect storm has been building for years. During the run up to the tech and .com collapse in late March, 2000, many tidy sums were earned and those with mutual funds were taxed annually. When the run up ran down, those who had invested and saved as they were intoned to do were impacted twice. They certainly did not receive a refund of the taxes they paid on the appreciation of their investments; they did not receive the anticipated return on their now depreciated investments. Their privately financed retirements were deferred from a few months to a decade or more. Their taxes had, however, enriched the public fisc. In Jan. 2001, the outgoing President Clinton and the American people bequeathed that hefty budget surplus to the first appointed president in American history.
The structural problem with the American economy has been exacerbated and accelerated by the Bush economic policies. The Bush policy to “spend today and tax yesterday and tomorrow” is the most fiscally irresponsible economic policy in American history. A purposeful and balanced “tax and spend” policy became a “spend and spend and spend” policy. The phrase “trickle down economics” is one of the few candid terms in American politics; only a little trickles down to the villagers. Bush engaged in systematic baksheesh by bribing every constituency at every opportunity without shame or regret. Try to recall a spending bill that he vetoed. His recent proposed No [Securities Industry Association] Lobbyist Left Behind Act of 2005, the bill to repeal Social Security in stages, is another proposed trillion dollar transfer from the public weal to his private contributors. Without public resolve to defeat it, the bill will join the No Lobbyist Left Behind Act of 2000, the No Lobbyist Left Behind Act of 2001, the No Lobbyist Left . . . . He is looting the country not leading it.
The past surplus in the exchequer disappeared first; Bush was able effectively to tax the populace in the past. Now the future is being mortgaged to finance today’s excesses. Tax cuts for the rich were the required bribe to his friends and supporters. Tax rates in the near future, perhaps during the second or third year of his second term, will need to be raised substantially whether Bush likes it or not. Bush’s statement that he will cut the little “d” deficit in half by 2009 is akin to a promise to add two more lifeboats after the Titanic reaches New York.
The world may realize that collectively it must abandon the dollar as the world’s reserve currency and shift to the Euro to provide some stability during the resulting world economic decline. Petroeuros. The Chinese may elect to peg their Yuan to the Euro rather than to the declining dollar. If and once the Yuan and the Euro represent the same unit of account and store of value, a new currency could be issued to serve as the industrial world’s new medium of exchange. How about the Mondial? The new medium could emerge as the currency for a United Centro y Sud America, although unity in that region is increasingly less and less promising. The U.S. could print more paper and mint more coinage, but few would care. It will slip from its dominant role in the world economy in the next score years.
If the Hyperdive occurs in late October of 2005, it will effectively undermine any Bush social security deforms. As the bourse goes bust and the Dow dives to 7000 or lower, even Bush will have a hard time conning Americans into investing in a failed and failing market on their own. Americans are gullible, but collectively they are not likely to give up an admittedly unpredictable future under the current social security program in exchange for a certain immediate failure. The transition costs alone of the social security deform may trigger the Hyperdive. If the Hyperdive occurs in late October of 2006, it may doom Republican re-election prospects in the mid-term election and emerge as the surprise opportunity for the Democrats. The Democrats are clueless. Despite a lifetime spent successfully ducking responsibility, Bush probably will not be lucky enough to flee the White House in 2008 before the house of cards collapses; he will blame others.
America may be forced to file a petition in bankruptcy and prepare a workout with its creditors. Foreign creditors will demand a balanced budget as a condition of continued foreign participation in the American economy. The most likely plan of reorganization is to require the U.S. to follow the fiscal provisions that govern members of the European Union. Asian creditors are likely to vote for such a plan because it is based on sound universal capitalist principles.
(E => 2 GBs) + (D => 10 T) + (P => 10 T) = Trouble. As noted above, P exceeds 10 Trillion. The Hyperdive could occur sooner. Stay tuned. Film at 11.