Monthly Archives: August 2014

Federalization of Militarized Local Police?

29 Friday Aug 2014

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police_toys

A few days ago, I discussed Glenn Reynolds’ ideas about controlling police militarization and improving interactions between local police and their communities. An additional concern is the federal funding that ultimately makes the local acquisition of military hardware possible. This funding is provided through various grants and programs, with Homeland Security playing a major role. And while no one has done a full accounting, it is some very serious scratch, certainly running into billions of dollars each year. When the federal government controls major flows of funding, it also buys great potential influence on the policies and procedures of local police.

I am certain that Reynolds did not intend to suggest that requiring officers to wear cameras should be a federal initiative, with the feds wielding potential reductions in funding as a cudgel. Yet that is exactly what Claire McCaskill and others are now suggesting. Where could this lead? Local police may have exposed themselves to the risk of federalization. Do we want local policing to be held under the purview of federal overlords? I think not. Developments like this lie at the heart of the decay of federalism. Local authorities should always view funding from the central government suspiciously. Autonomy over local policing should be guarded carefully by responsive local communities. 

Punitive Taxes Chase Off a Rational King

28 Thursday Aug 2014

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burger-king-fireplace 

The counterproductive U.S. corporate tax code was a major incentive for Burger King’s prospective merger with the Canadian doughnut chain Tim Hortons. The merger will allow BK to change its domicile to Canada, thereby reducing its tax bill. This is known as a corporate “tax inversion.” Canada’s tax system is less punishing because its corporate tax rate is lower than in the U.S., and Canadian taxes are based on territorial earnings, rather than global earnings as in the U.S. Megan McArdle explains that the latter is the more important consideration: “If we’re worried about inversion, then the U.S. government should follow the lead of other developed countries, and move to territorial taxation.”

The corporate income tax represents double taxation of income paid out as dividends and imposes, at least partly, a double tax burden on shareholders even when earnings are retained. Greg Mankiw believes that the corporate income tax should be abolished.

“The burden of the corporate tax is ultimately borne by people — some combination of the companies’ employees, customers and shareholders. After recognizing that corporations are mere conduits, we can focus more directly on the people.”

On the topic of “economic patriotism” and so-called “corporate desertion,” Mankiw quotes Learned Hand:

“Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one’s taxes.”

Mankiw also proposes a consumption tax as a replacement for federal income taxation, which has great merit, but it is a very ambitious plan and probably at odds with current political realities.

Drugs, Race, and Weaponry On The Local Beat

27 Wednesday Aug 2014

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Here’s an interesting puzzle regarding drug use, drug arrests and race. It’s not good. The only theory mentioned at the link doesn’t feel like a complete explanation, but one thing is certain: the drug war is not good for anyone, and it’s especially hard on blacks. 

The conduct of police has been called into question by events in Ferguson, Missouri, both in terms of prosecuting their day-to-day law enforcement duties and whether the “militarization” of local police is a healthy development. Glen Reynolds has some good suggestions for ensuring safer and more productive interactions between police and the public. He forgot to mention that we should end the war on drugs, but I’m sure he’d agree!

Drugs, Race, and Weaponry On The Local Beat

27 Wednesday Aug 2014

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SWAT_cartoon_FTW_by_the_lagz

Here’s an interesting puzzle regarding drug use, drug arrests and race. It’s not good. The only theory mentioned at the link doesn’t feel like a complete explanation, but one thing is certain: the drug war is not good for anyone, and it’s especially hard on blacks. 

The conduct of police has been called into question by events in Ferguson, Missouri, both in terms of prosecuting their day-to-day law enforcement duties and whether the “militarization” of local police is a healthy development. Glen Reynolds has some good suggestions for ensuring safer and more productive interactions between police and the public. He forgot to mention that we should end the war on drugs, but I’m sure he’d agree!

IRS Parlance: “Difficult To Retrieve” = “Destroyed”

26 Tuesday Aug 2014

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 IRS Records

DOJ attorneys told Judicial Watch on Friday that the federal government backs up all emails “in case of a government-wide catastrophe.” According to these attorneys, the real reason that the IRS has not provided Lois Lerner’s emails is that retrieval from back-up tapes would be “onerous.” Here is Judicial Watch’s statement on the discovery, which includes this quote from Judicial Watch President Tom Fitton: “You can bet we are going to ask the court for immediate assistance in cutting through this massive obstruction of justice.”

The latest revelations are related to the ongoing Judicial Watch v. IRS lawsuit over IRS abuses being heard by U.S. District Court Judge Emmett Sullivan. In July 10 ruling, Judge Sullivan gave the IRS 30 days to provide details regarding the missing emails. Following the agency’s response, which seemed less than forthcoming, “Judge Sullivan authorized Judicial Watch to submit a request for limited discovery into the missing IRS records after September 10.”

Police Fatalities Down; Violent Crime Down; Heavy Armor Up

21 Thursday Aug 2014

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The ongoing situation in Ferguson, Missouri is volatile and probably dangerous for both police and protesters. This is mainly attributed to agitators from outside the community with a different, more violent agenda than the local protestors. Fortunately, as far as I know, no one else has been severely injured or killed in Ferguson in the aftermath of Michael Brown’s death. The unrest, however, has highlighted a controversy over the recent militarization of local police in the U.S. One justification offered for the acquisition of surplus military hardware is the danger often faced by police in the line of duty. Yet the statistics cited in “By the Numbers: How Dangerous Is It to Be a Cop?” suggest that it has never been safer to be a police officer, and there are certainly occupations that are far more deadly. This undercuts assertions that the military gear is necessary for the safety of police. The author does not intend to minimize the difficulty and hazards of law enforcement: 

“They’re required to have daily contact with drunks, the mentally disabled, and criminal suspects. Arrests can often lead to physical confrontation, assault, and sometimes injury…. But it just isn’t unusually deadly or dangerous—and it’s safer today than ever before. The data do not justify the kinds of armor, weapons, insecurity, and paranoia being displayed by police across the country.” 

Perhaps we can leave the heavy armor and sophisticated weaponry in the care of the National Guard, for use only when the Guard’s involvement is judged necessary. (The Guard was called to Ferguson by Missouri Governor Jay Nixon earlier this week.) I noted several weeks ago in “Local Police or Local Military” that violent crime in the U.S. has fallen in half since 1991, deepening the mystery over the presumed need for heavy police armor.

We should also be suspicious of the militarization of federal regulatory agencies such as the Department of Agriculture, the Department of Education, and the FDA, which apparently all employ their own SWAT teams. “Let’s Demilitarize the Regulatory Agencies, Too” discusses these developments and efforts to roll back the “warrior cop” trend via legislation:

“There has already been left-right cooperation on the issue, as witness the unsuccessful Grayson-Amash amendment in June seeking to cut off the military-surplus 1033 program.” 

Your Administrative Master With Police Power

20 Wednesday Aug 2014

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sinestro

The administrative / regulatory state just grows and grows, as this tool from the Mercatus Center shows. As it does so, the bureaucracy becomes less accountable to the people in its sway, and seemingly less responsive to the checks and balances among the branches of government defined in the constitution. Rules are made by unelected bureaucrats, and their application is often uneven and arbitrary. In “The Sinestro Theory of The Administrative State,” Ben Domenech explores the link between this type of governance and declining “faith” in government itself. The danger posed by the administrative state is captured here by Domenech:

“In the era of the Administrative State, big government has been giving out too many rings to too many would-be Sinestros. And when it comes to trust in Washington, it’s the fact that this power is centralized in the Administrative State, rather than localized via federalism, which creates the special class of modern ringbearers. It allows them to work together in common purpose, as the progressives intended, as opposed to balancing and checking each other, as the Founders always understood to be essential.” [Sinestro link in original]. 

It may be too late, but left unchecked, the administrative state will be an ongoing and increasing drag on the economy and personal freedom. It must be rolled back. 

The Comparative Diversity of Ferguson, Missouri

19 Tuesday Aug 2014

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I live in the St. Louis area, and like almost everyone in the region, I am disturbed by the unfortunate series of recent events in Ferguson, an “inner ring” suburb in St. Louis County. I found this post, “Is segregation the problem in Ferguson?” to be a good analysis of the degree of racial integration in Ferguson and in St. Louis County (which is separate from the city of St. Louis, the latter being essentially its own “county”). The author, Jonathan Rodden of The Hoover Institution, is a graduate of nearby McCluer North High School, part of the Ferguson-Florrissant School District. The post contains some nice maps and charts that shed light on the question of local diversity.

Rodden emphasizes the high degree of integration in Ferguson relative to St. Louis County, countering the notion that a lack of diversity has caused problems in Ferguson:

“While most of St. Louis County’s residents live in municipalities that are either homogeneous or internally segregated or both, Ferguson and its North County neighbors stand out for their relative heterogeneity and internal desegregation. Moreover, the income gap between blacks and whites is smaller in these municipalities than elsewhere.”

Rodden notes that much of the unrest has been focused on minimal African American representation on the city’s police force and in city government:

“The immediate problem in Ferguson is neither residential segregation nor its demise. Rather, as many have pointed out, it is that the racial integration of the community has not been reflected in the municipal government and police force, whose racial composition still reflects the status quo of the 1980s.”

He places some blame on certain interest groups who manipulate the election cycle: 

“Recent research by political scientists has shown that small but well-organized interest groups, such as unionized teachers and municipal workers, benefit handsomely from low-turnout off-cycle elections. Historically, off-cycle elections have been a favored strategy of established ethnic groups in American cities who wished to keep immigrants and minorities out of power.”

However, ultimately voter turnout is up to voters, so electing satisfactory representation should not be an insurmountable challenge within the existing system. Another quibble I have is that Rodden almost implies that the process of hiring a more diverse police force can be accomplished fairly easily and quickly. Such a change would probably have to occur through attrition of the existing force, which would take time. 

Big Casino Bets Have Bad Economic Odds

18 Monday Aug 2014

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 'I bet you £10 there's a gambling advert on next.'

I generally don’t gamble, but I believe that gambling should be legal, and not just at casinos on rivers and lagoons. Those high-profile casino developments involve a lot of concentrated economic and political power in the service of providing a willing counter-party for bettors, always at odds that garner a tidy profit for the casino. That power is associated with some dark realities, as local governments stumble over each other to provide incentives (ahem!!) for these developments. Unfortunately, other than a limited number of jobs for locals and the ephemeral thrills derived by bettors, the ongoing operations of casinos do not provide much benefit to their local economies, and are very likely a drag on local growth. This is the subject of “A Good Way To Wreck a Local Economy: Build Casinos,” by David Frum in The Atlantic. Here is one of Frum’s nuggets:

“The impact of casinos on neighboring property values is “unambiguously negative,” according to the economists at the National Association of Realtors. Casinos don’t encourage non-gaming businesses to open nearby, because the people who most often visit casinos do not wander out to visit other shops and businesses. A casino is not like a movie theater or a sports stadium, offering a time-limited amusement. It is designed to be an all-absorbing environment that does not release its customers until they have exhausted their money.”

Glenn Reynolds, on his Instapundit blog, says:

“A casino is basically a sign that the local political class has wrecked things already enough that they need a new approach to squeeze sufficient graft out of the wreckage. That’s especially true now that casinos are common enough that they mostly draw from the (already economically suffering) local region.” 

I think Reynolds’ is referring to casinos that are subsidized by local governments with some degree of protection from local competition (which is afforded to some extent by laws that require casinos to “float”).

Frum makes much of the negative personal and social consequences of problem gambling. In light of his assertions, how could I support more general legalization? First, an end to subsidies for big casino developments would be an important step. Second, legal betting would expand personal liberty, which should be a sufficient justification. Legal or not, there will always be problem gamblers, but that’s not a good reason to curtail the rights of those capable of restraint. In addition, more general legalization would help keep local gambling dollars circulating locally, rather than sucked out of the local economy via casino profits or internet gambling. Another answer lies in what I suspect would be a less elastic supply of willing counterparty dollars, in a competitive environment (assuming an absence of subsidies to large gaming providers), to satisfy the presumed expansion of betting demand.

Let’s Confine Statists to the State Level

17 Sunday Aug 2014

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That Washington is divided is well agreed. Philip Klein asserts that abandoning federalism is a root cause of the division. There is no doubt that expansion of federal power comes largely at the expense of states’ autonomy over their affairs. Federalism allows most issues to be settled at the state level, allowing for the adoption of substantially different policies across individual states. This means that government can be more responsive to differing regional preferences, that individuals with strong preferences can benefit by migrating across state lines, and that states can serve as laboratories for policy experiments. Given that preferences differ regionally and certain protections of states’ rights established by the constitution, there is no question that a consolidation of government functions at the federal level will mean greater difficulty in achieving any legislative agenda. That is a good thing, and it is a good reason to return to the federalist principles of state autonomy and a weak central government. Too often, federalism is supported only when it suits one’s politics.