$4 in June, $5 in July, . . . . (May 26, 2008)

Posted in Economics, Taxation on May 26, 2008 by e-commentary.org

$4 a gallon in June, $5 in July, $6 in August . . . . or October?  Speculators and hoarders may be distorting the market somewhat.  The real problem, of course, is one of supply and demand, too little of the former and too much of the latter.  Our global addiction is growing along with the number of new addicts.  Citizens of the world are voting daily in the world’s global voting booths – the maternity wards of the planet.  Those little mouths will consume their daily supply of unrefined bread and refined oil.  They say that if the rest of the world consumes like a typical American (which they are and will), we will need to colonize three more planets.  However, the last census concluded that there is only one planet.  For over a third of a century, since at least 1973, the world has been on notice that oil is finite.  Little has been done to reduce the luster of and lust for oil.  Seems like the time to act?

Bumper stickers of the week:

Pass the Terrorist Tax

Check those tires

Less Government Regulation Series: Love and Marriage (May 19, 2008)

Posted in Gay Politics, Government Regulation, Less Government Regulation Series, Miscegenation on May 19, 2008 by e-commentary.org

Some day, being gay will be akin to being left handed.  No big deal.  Some opine that  there are differences between those who are right handed and those who are left handed yet not enough to start passing legislation mandating disparate treatment.

The California Supreme Court ruled on equal protection grounds that gays in California can marry.  The decision to marry is an individual choice.  The collective (judicial, legislative, executive, bureaucracy) should not define it.

“This is hard to say as a guy, but you aren’t real judgmental.  I think I’m, like, 15 percent gay.”  “I am satisfied that I just don’t have any such impulses, yet I understand that Nature wires some members differently.  . . .   By the way, how does that work?”  . . . . . . . . . . .

The science jocks say that sexual orientation is spread along a continuum.  A small percentage of the population is strictly heterosexual.  Are most members of the population dealing with demons and fears and anxieties that distort their perspective and politics?  Will the constituency for freedom of marriage include those who have no impulses at all toward those of the same sex, those who do, and a few stray free-thinking civil libertarians?

In another generation, however, no one will care.  The current restrictions will be as anachronistic as yesterday’s miscegenation laws.

Bumper sticker of the week:

There oughta not be a law.

Economics and Economists (May 12, 2008)

Posted in Economics on May 12, 2008 by e-commentary.org

In the contemporary College of Arts and Crafts, the “Department of Economics” is the “Oakland Raiders” team.  Most departments in America’s Colleges of Arts and Sciences want you to feel good.  Economics should require one to think clearly.  Even if you feel badly.  Any question should be fair game.

The discipline today is premised on questionable assumptions that cannot be abandoned by the profession or most doctrine would need to be rejected.  Or at least questioned.  A person is greedy and self interested and all that, but that does not mean that she (or he) is even capable of acting in her (or his) own economic self interest.  If individuals cannot or do not act in their own economic self interests, markets are not likely to behave properly or to reach equilibrium.

The area of economics known as “behavioral economics” ask how a person actually behaves.  That should be the province of economics.  How and why do people act or fail to act.

What could be more fun than playing with Lagrange multipliers and toying with the Slutsky equation and endeavoring to move others to a state of Pareto optimality?  Economics is sexy.  And economists?

Bumper sticker of the week:

An economist is someone who stands behind you in the bread line and tells you how it happened.

The Economic Numbers Game (May 5, 2008)

Posted in Economics, Inflation, Unemployment on May 5, 2008 by e-commentary.org

“The truth, though it would not exactly set Americans free, would at least open a window to wider economic and political understanding.  Readers should ask themselves how much angrier the electorate might be if the media, over the past five years, had been citing 8 percent unemployment (instead of 5 percent), 5 percent inflation (instead of 2 percent), and average annual growth in the 1 percent range (instead of the 3 – 4 percent range).

. . .

The real numbers, to most economically minded Americans, would be a face full of cold water.  Based on the criteria in place a quarter century ago, today’s U.S. unemployment rate is somewhere between 9 percent and 12 percent; the inflation rate is as high as 7 or even 10 percent; economic growth since the recession of 2001 has been mediocre, despite a huge surge in the wealth and incomes of the superrich, and we are falling back into recession.

If what we have been sold in recent years has been delusional “Pollyanna Creep,” what we really need today is a picture of our economy ex-distortion.  For what it would reveal is a nation in deep difficulty not just domestically but globally.”

Kevin Phillips

The CPI (Consumer Price Index), the benchmark for measuring inflation, underreports the actual prices for necessities such as food and energy.  [See the e-ssay dated July 16, 2007 entitled “Back Door Inflation.”]  The current CPI is “inflation sans inflation.”  The U-3 unemployment figures underreport unemployment, whereas the U-6 figures are more accurate.  The reporters should report the U-6 figures.

Perhaps the government should simply state and the media could mindlessly repeat that there is no inflation and are no unemployed citizens while the economy is growing ten percent every year.  How much less true would these statements be than the current statistics?

“Transparency” is the rage in many disciplines today.  Presenting accurate information and revising all the past information to conform to consistent and reliable benchmarks across time is a positive and long overdue start.

See www.shadowstats.com by John Williams and navigate from there.

Bumper stickers of the week:

73 percent of all statistics are made up on the fly.

Lies, Damn Lies, and Government Statistics.

Disraeli was 100 percent right.

U-6 Not U-3 Unemployment Figures.

[Mildred Loving, one of the plaintiffs who challenged the miscegenation law in Virginia, died today.  See the e-ssay dated March 14, 2005 entitled “’Strict Construction’ Strictly Construed.”]

Pensions and Other Entitlements: Pt. 2 (April 28, 2008)

Posted in Bankruptcy, Congress, Constitution, Courts, Law, Pensions, Social Security on April 28, 2008 by e-commentary.org

Constitutional law in America is neither consistent nor coherent.  The United States Bankruptcy Courts may be the only forum to adjust pensions and other obligations.  A business can file a petition pursuant to the United States Bankruptcy Code in Title 11 and apply Section 365 to reject pension and other obligations.  Many corporations have rejected pension and other obligations for decades and in recent publicized cases.  Chapter 9 of the Bankruptcy Code allows a municipality to file a petition in bankruptcy and resort to the relief in Section 365.  Orange County, California did it in 1994; Desert Hot Springs, California in 2001; Vallejo, California may do it in 2008; watch San Diego in the next few years.

A separate state of the union is not now afforded an opportunity to file a petition under the Bankruptcy Code even if it is not able to afford to pay its bills.  A new chapter of the Bankruptcy Code, Chapter 15, may need to be added allowing a state to utilize the provisions of Section 365.  The big public policy development will come when everyone realizes that another new chapter of the Bankruptcy Code, perhaps Chapter 17, may need to be added to allow the United States government itself to file a petition under the Bankruptcy Code to utilize the provisions of Section 365.  [See the e-ssay dated January 17, 2005 entitled “America the Bankrupt:  Economics 210 in the Land of the Freeway and the Home of the Brave”.]

Using the Bankruptcy Code is problematic at best.  In effect, the Congress (a legislative body) would pass legislation to allow a Bankruptcy Court (the judicial branch) to make a decision that Congress may be prevented from making itself by another twig of the judicial branch.  Section 365 is binary and only allows a debtor to accept or reject a contract; there is no ready provision to allow a Bankruptcy Court to accept sixty percent (60%) of the pension and other obligations.  Where to file the petition is not clear, the Southern District of New York; the Northern District of Alaska, or elsewhere?  The Bankruptcy Judge has less discretion under the Bankruptcy Code to recognize the decision of the debtor to accept or reject, although he or she may be unwilling to recognize a decision that could threaten his or her pension.

The unfunded and unfounded promises we have made to each other will stagger those who were never consulted.  Or even born.  All government entities in the intermediate term will need to dispense with or limit pension and other obligations.  Addressing the matter in the Bankruptcy Code and in the Bankruptcy Courts is cumbersome and incomplete, yet the approach more easily overcomes the constitutional infirmities that other courts have mistakenly imposed.  At core, as noted previously, the rejection really is not a rejection of pension obligations, it is a refusal to accept obligations the Younger Generation never agreed to undertake nor can reasonably be expected to perform.

Some say: “If we were just informed that our pension and other obligations could disappear or be reduced, we could modify our behavior and decisions now.”  What if someone said: “Your pension and other obligations could disappear or be reduced.”  Despite their protestations, the populace, even when informed, likely will not modify its behavior and decisions.  The answers admittedly are not easy.

Bumper sticker of the week:

There Is No Such Thing As A Free Snack.

“Inbedded” Generals (April 21, 2008)

Posted in Iraq, Military, Press/Media on April 21, 2008 by e-commentary.org

War makes strange bedfellows.  During the invasion of Iraq, the military allowed some reporters to be “embedded” with the troops and follow the action.  The “New York Times” reported yesterday that the military also “inbeds” some of its former generals in the press to issue glowing tales of accomplishment.  No wonder there are some Americans who still believe that the military is building above-ground swimming pools in every back yard and amusement parks in every village in Iraq.

Bumper sticker of the week:

Caesar takes //
A caesura

Pensions and Other Entitlements: Pt. 1 (April 14, 2008)

Posted in Bankruptcy, Conflicts of Interest, Law, Pensions, Social Security on April 14, 2008 by e-commentary.org

Today’s adults have “discounted” and now disregard the Bush Wars.  After all, the wars are being fought by the children of the underclass and will be paid for by the children of all classes in the future.  Everything is very tidy and antiseptic, except that this belief is a delusion.  Today’s adults likely will pay for some of the cost of the Crusades.

As a general proposition, the Constitution protects “life,” “liberty,” and “property.”  The United States Supreme Court has often recognized: “[p]roperty interests are not created by the Constitution, ‘they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law . . . .’”  Cleveland Bd. Of Educ. v. Loudermill, 470 U.S. 532, 538 (1985).  There are many adults who believe they have been promised payments in the future for their efforts today.  The funds to make the future payments are not being provided today, so there is no binding social contract.  The Older Generation offers to provide a pension; the Older Generation accepts the offer; however, if the Older Generation does not fund the promise, there is no legal “consideration” for the contract.  The Younger Generation can note simply that they were not a party to the contract and did not make any promises or representations to the Older Generation.  The pensions and other obligations are nudum pactum, a naked contract.

These issues wander into the courts.  That is where things get curious.  An individual takes a judgeship for a variety of reasons—a steady pay check, prestige, power, the possibility of doing good and making a difference, they look good in black, and, of course, the promise of the almighty pension.  For that reason, courts have an inherent conflict of interest whenever they are presented with any challenge involving pensions of any kind.  Courts often make very public displays of some usually minor or irrelevant conflict of interest, yet on the fundamental economic issues they address cases and protect their economic interests.  Most of the courts today have protected pensions in cases before them to protect their own pensions without even obliquely noting in a passing footnote a clear and blatant conflict of interest.  They contend that the pension is a binding contract and/or a property right.  It is neither.

In Flemming v. Nestor, 363 U.S. 603 (1960), the United States Supreme Court upheld a provision in the Social Security Act of 1935 in which Congress reserved to itself the power to amend and revise the schedule of benefits.  The Court held that a social security recipient does not have a property interest in a social security payment.  “We must conclude that a person covered by the Act has not such a right in benefit payments as would make every defeasance of ’accrued’ interests violative of the Due Process Clause of the Fifth Amendment.”  Id. at 611.  Justice Hugo Black in dissent observes that the decision represent an anti-communist bias by the members of the Court.  Id. at 628-28.  In addition and of more insight, the Justices were not entitled to participate in Social Security, so the decision is not surprising.

Bumper sticker of the week:

Social Security?

Social Insecurity? (April 7, 2008)

Posted in Social Security on April 7, 2008 by e-commentary.org

[Scene – Three guys sitting around the den on a Tuesday night.]

“Your parents have a ‘defined benefit plan’ which is paying certain amounts at regular times.  You have something called a ‘defined contribution plan.’  You must make the contributions yourself.”

. . .

“At least you won’t lose anything.”

. . .

“Exactly.  You are on your own.”

. . .

“How will privatizing the social security scheme help?  If you don’t contribute anything now with a beta version of the plan in place, why would you suddenly feel some great urge to contribute if the program were expanded?”

. . .

“I get my statement from the Social Security folks every April.  It is sort of a taunt.  I reflect on what I have paid and what I could have done with the money.  But here’s the dilemma.  If they completely privatize social security, I will make money, you guys won’t.”

[Nervous laughter.  Panicked eyes.  Shifting in seats.]

“That still leaves me trying to figure out how to take care of you guys.”

. . .

“What if the tax were imposed on all income and the funds were invested and each person were provided a property interest in a defined sum?  Everyone receives a small subsistence payment upon retirement.  Those who are industrious, talented, tenacious or lucky are free to acquire more and to retire with more.”

. . .

“The nagging problem is that there is no way to guarantee that the government will pay or even be able to pay benefits.”

Bumper stickers of the week:

What’s said in the den stays in the den.

Be careful what you wish for.

Energy Policy In A Nutshell (March 31, 2008)

Posted in Energy, Taxation on March 31, 2008 by e-commentary.org

Energy policy is complex.  A few general ideas.

1.                  Increase the tax on a gallon of gasoline by a quarter (25 cents) every quarter (3 months) for two years or longer to reduce American consumption, spur alternative energy options, and reduce transfer payments to many of America’s enemies.  The revenue, a secondary concern, could be used in a market-efficient way to offset some of the painful economic impact of increased gas prices.  Taxes should have been increased when oil was at $25 a barrel, yet action now is better than more delay.  (Okay, this will never happen in the current political climate with prices already rising daily, yet one can dream.)

2.                  Appoint Amory B. Lovins as Secretary of Energy.

3.                  Release 70 percent of the employees at the Department of Energy.

Bumper stickers of the week:

Pass the Terrorist Tax

A Quarter Every Quarter

Keep your tires properly inflated

Garbage In Garbage Out (March 24, 2008)

Posted in Economics, Housing, Society on March 24, 2008 by e-commentary.org

GIGO may be the only acronym one needs to know today.  There are now daily cautionary tales about the CEOs and other ‘Os who created CDOs (collateralized debt obligations) while the OTC (Office of Thrift Supervision – one of the putative regulators) played dominoes.  The details and new concoctions (CLOs, CDSs, ABSs, SIVs, etc.) are intriguing and revealing and depressing.

The simple truth is captured in the old expression:  “Garbage In Garbage Out.”  No alchemy can convert a bad loan into a good loan as it slithers through the economy.  There is no way to “make a silk purse from a sow’s ear.”  Putting “lipstick on a pig” does make the pig a swan.  Rating something as “AAAAAAA” does not make it any safer than something rated “AAAAAA.”

This economic downturn is a small “d” democratic phenomenon.  Many Americans (ordinary citizens; realtors; appraisers; loan officers; bundlers; butchers; bakers; candle stick makers, etc.) actively participated in the fraud in broad daylight with their eyes sufficiently open.  Only those deluding themselves could have missed the inevitable Meltdown that is taking place and will get worse.  Those on “Wall Street” not only should have known about the fraud they knew that everything was junk in gilded garb.  Everything that glitters is not gold.

Bumper stickers of the week:

“Sir, ’Margin’ is holding on line 2”

Pigs get fed, hogs get slaughtered

[As many police as demonstrators took to the streets in DC on March 19.  So few care or believe that anything can be done about the “Forgotten War.”  The police did not don riot gear; a riot did not break out.  The police let the demonstrators take over a few intersections without major incident.  The demonstrators made a statement without making any major disruptions.  A bad day for America and the world, yet a good day for the First Amendment.]