Tag Archives: Donald Trump

Mueller’s Muddle

05 Wednesday Jun 2019

Posted by in Trump Administration

≈ Leave a comment

Tags

, , , , , , , , , , , , , , ,

The Mueller Report effectively put to rest allegations of collusion between the Trump campaign and Russia to influence the 2016 election, despite lingering wails from crestfallen Trump haters. But Trump lovers and haters alike might agree that the report should have settled much more, including whether there was evidence on which a charge of obstruction of justice could be brought against Trump. Robert Mueller demurred from that responsibility as a prosecutor, but he left a few tempting but ultimately dangerous crumbs for those still obsessed with toppling Trump.

Mueller’s statement last Wednesday wavered around the suggestion that Trump might be guilty of obstruction, a connotation colored more by politics than evidence. My conclusions, gleaned from both the report and a few other sources, are the following:

  • There was no evidence of collusion between the Trump campaign and Russia.
  • The original allegations were an attempted set-up of Trump. The scheme relied in part on the fraudulent Christopher Steele dossier, which was financed by the Clinton campaign, as well as a series of misrepresentations and suspicious contacts arranged by high-level officials at the Department of Justice and the FBI. That the entire investigation might have been compromised by such a conspiracy was not addressed by Mueller in the report, but we will learn more very soon when the DOJ’s Inspector General issues his findings. The IG will be interviewing Steele himself in the UK before long.
  • Mueller probably knew there was no collusion early in the investigation, but he persisted in “investigating” for two years. In my view, that created the appearance of an effort to entrap an angry Trump on obstruction charges.
  • Trump reacted to the collusion charges with a kind of raving petulance. Of course, it’s hard to blame him for his anger, and Mueller more-or-less acknowledged that. Trump did and said things that surely sounded intemperate, though some were within his prerogative (e.g., firing James Comey). Certain impulsive statements and actions might have risen to the level of obstruction had he not “changed his mind”, or had he bothered to follow-up on execution by aides. And Trump made statements (not under oath) that we’re intended to influence public opinion and possibly the willingness of certain witnesses to cooperate with investigators, but that sort of intent is hard to prove.
  • Of the ten instances of possible obstruction listed by Mueller in his report, two came dangerously close to qualifying as obstruction, two others were more of a stretch, and the rest were readily explained by motives other than an intent to obstruct, as Mueller sometimes indicated in the report.
  • Several of the possible obstruction issues were mitigated by Trump’s apparent willingness to cooperate with the investigation, including the provision to Mueller’s office of a huge volume of emails and documents, and by allowing members of the administration to be interviewed, some at great length.
  • Jonathan Turley has expressed his dismay at three underhanded actions taken by Mueller, one in the report itself and two in the wake of its delivery to his superiors at the DOJ (Attorney General William Barr and Deputy AG Rod Rosenstein). The first was an omission: Mueller chose not to identify grand jury material that had to be redacted before release to the public. This was contrary to instructions and with knowledge that the omission would delay the report’s release to the public and reflect badly on Barr.
  • The second action noted by Turley was a letter sent by Mueller to Barr complaining about the “impression” created by Barr’s summary of the report, despite the fact that Barr had invited Mueller to review the summary in advance. The letter also asked Barr to “release uncleared portions of the report”, which Mueller knew was prohibited. This also seems to have been intended to reflect badly on Barr.
  • Turley’s third point is Mueller’s legally incoherent statement that “he would have cleared Trump if he could have” but chose not to draw a conclusion. Mueller invoked an opinion from the DOJ’s Office of Legal Council (OLC), which he claimed prohibited the indictment of a sitting president. But over a period of two years, he failed to seek further guidance on the question from the OLC, his superiors, or the Inspector General.
  • A more obvious explanation for Mueller’s failure to seek an indictment is that he knew that no grand jury would indict on the evidence as described in the ten instances of possible obstruction he listed in the report.
  • Essentially Mueller left the ball in Barr’s court to decide whether to seek an indictment of Trump on obstruction changes, and Barr decided that the evidence did not support it.
  • However, the very idea of obstruction is moot, or should be, given the first three points above. And apparently Mueller never intended to seek an indictment on collusion, as he stated again last Wednesday.
  • Mueller strayed outside the role of a prosecutor and potentially subverted the cause of justice in stating that he could not exonerate the president of obstruction. There is no such thing as “exoneration” of an accused in U.S. criminal law. Mueller’s role as a prosecutor was to make a determination as to whether he should recommend an indictment against Trump. It was not his role to determine Trump’s guilt and certainly not his innocence, and innocence must always be the presumption.
  • The Mueller report could provide Congress with a “roadmap” for impeachment of Trump on charges of obstruction. If House Democrats decide to take that road, it would very likely be a prescription for their electoral suicide.

No matter how aggravating and uncouth you find Trump, and no matter how unwise his policies might prove to be, he was elected fair and square. Nevertheless, his opponents in Congress and on the campaign trail can’t easily give up the impeachment rhetoric without angering their leftist base. But not all congressional Democrats are voicing support for impeachment proceedings, and House Majority Leader Nancy Pelosi is doing her best to manage the division without making a commitment either way. The Senate will never go along with impeachment, of course. Now, a House vote to merely censure Donald Trump is mentioned as a possible “exit-ramp” to compromise that would let the hard-line impeachers down easy. Whatever they do, however, some Democrats might hope to drag out the process in an attempt to inflict maximal damage to Trump’s reelection prospects. And that, too, is probably ill-advised, because people are getting tired of all this.

Tax Returns, Politics and Privacy

12 Sunday May 2019

Posted by in Privacy, Taxes

≈ Leave a comment

Tags

, , , , , , , , , , , , , , ,

It’s a constitutional crisis! Or so claim congressional Democrats, but at this point it looks more like a one-party panic attack. They keep sniffing the trailing fumes of the Mueller investigation, which turned up nothing on the President, or at least nothing worth prosecuting. There is also an ongoing dispute over the President’s tax returns, which he has chosen not to make public. Last week, House Ways and Means Committee Chairman Richard Neal subpoenaed the IRS for six years of Trump’s tax returns, but that is likely to be ignored. There is no law or requirement that Trump release the returns, and the IRS would be under no obligation to comply with the subpoena if it has “no legislative purpose”, as Treasury Secretary Steve Mnuchin said of an earlier request by Neal. For his part, Trump has falsely claimed to the public that an ongoing audit prevents him from releasing his tax documents, but he is fully within his legal rights to withhold his returns, at least for now. His decision is, no doubt, political and it may be wise to that extent. Nevertheless, the suspicion that Trump is a tax cheat is fueled by his very reluctance to make the returns public.

Constitutional Protection

The legality of Trump’s refusals to make the returns public is established in the Constitution, according to law professor Adam Grewal of the University of Iowa:

“Though a federal statute seemingly compels the IRS to furnish, on request, anyone’s tax returns to some congressional committees, a statute cannot transcend the constitutional limits on Congress’s investigative authority. Congress enjoys a near-automatic right to review a President’s tax returns only in the impeachment context.”

If explicit action is taken to impeach the President, justifiably or not, then presumably he or the IRS would be forced to turn over his tax returns to Congress. Even then, however, it would probably become the subject of a protracted court fight.

Partisan Charges

It’s not surprising that Trump has engaged expensive tax experts for the Trump organization and his personal taxes. Of course he has! Anyone in his position would be crazy not to. Minimizing taxes is a complex undertaking even for those having far less wealth and business complexity than a Donald Trump. There is no reason why he should have foregone any tax advantages for which he or his business was entitled. And in fact, he was entitled to use losses on a number of failed enterprises over the years to offset other income for tax purposes. Under these circumstances, a tax liability of zero is not terribly surprising.

Specific claims that Trump is a tax cheat are as yet unfounded. As Jeffrey Carter explains, there is an array of tax provisions intended to provide incentives to businesses precisely because tax law has been crafted to encourage business activity; real estate development is no exception. The idea is that businesses encourage employment, income, incremental tax revenue, and eventually more development. While I generally oppose tax provisions that impinge on specific kinds of human activity, there is nothing illegal or even immoral about taking advantage of tax rules that exist. In fact, there are legal tax maneuvers that can allow a successful real estate development business to generate continuing tax losses.

There are allegations that the Trump organization used fraudulent appraisals to understate values of buildings as a means of minimizing taxes. A variety of appraisal techniques are used in commercial real estate, each involving a series of assumptions and possible adjustments. Appraisals might be especially difficult for complex properties such as large, high-end gambling developments. Perhaps reviews of appraisals are part of the ongoing IRS audit to which Trump referred. There’s little doubt that Trump’s tax advisors would have sought to use the most advantageous techniques and assumptions that would pass scrutiny by the IRS and other tax authorities. However, it is unlikely that he was intimately involved in the appraisal process himself. The audit should determine whether their methods were excessive, not a swarm of politicians and leftist journalists. The penalties for any past understatement of taxes might be financially significant, but his presidency would almost certainly survive such a finding.

Again, Trump may be wise to withhold his tax returns. In today’s political environment, every deduction, credit, and loss carry-forward would be characterized by Democrats and the media as an affront to the American people. In fact, most American taxpayers attempt to minimize their taxes, as well they should. In a world with a simple, sane tax code, a simple definition of taxable income, and a competent IRS, there would be little reason for the clamor over public disclosure of tax data by public officials or candidates for office.

Universal Tax Disclosure? No

That brings me to the subject of a rather striking proposal: Robin Hanson believes that all tax returns should be made publicly available: yours, mine and Donald Trump’s. That change was made in the U.S. in 1924, but soon reversed, according to Hanson. It is done today in Norway, though the identity of anyone seeking that information on a taxpayer is made available to the taxpayer. Without the latter condition, the idea seems like an invitation to voyeurism, or worse. The several rationales offered by Hanson all tend to fall under the rubric that “transparency is good”. He includes critical remarks from Tyler Cowan on the proposal, dismissing them all on various grounds. But I happen to agree with Cowan that not all transparency is good. In fact, my first reaction is that the proposal would be an unnecessary extension of the intrusion into private affairs made by government taxation of income.

Universal tax disclosure might have some value in discouraging tax evasion, and perhaps the IRS could create a schedule of buy-off rates by income level at which tax information would be kept private. However, I’m skeptical of the other benefits cited by Hanson. For one thing, if the identity of the inquirer is revealed, many of the purported benefits would be nullified by discouraging the queries. To the extent that transparency has value, many credit transactions or credit payment mechanisms already require verification of income. Insurance underwriting is also sometimes dependent on proof of income. I am skeptical that the ability of workers to collect information from the tax returns of other individuals would greatly improve the efficiency of labor markets. The value of income data to counter-parties in other kinds of relationships, such as prospective marriage, would seem to be balanced by the value of privacy. Hanson says that people don’t place a high value on privacy, but it clearly has value, and I’m not sure his Twitter poll with a single price point is a valid test of the proposition. And again, with the simple tax code we should have, the benefits of acquiring the tax returns of politicians would boil down to an opportunity for shaming the rich and “tax pinchfists” (successful tax minimizers), which is what some of this is about anyway.

Conclusion

Donald Trump’s tax returns are a prize that his detractors hope will reveal an abundance of classist political fodder and perhaps even evidence of misdeeds. They can only hope. Unless Articles of Impeachment are drafted in the House of Representatives, the Constitution protects President Trump’s tax returns from congressional scrutiny. Trump is probably wise to resist disclosure of his taxes, since the returns would be picked over by the Left and criticized for any whiff of tax management, legal or otherwise. Trump’s businesses hired experts to aggressively minimize tax liabilities, but there is no evidence that they engineered any illegal maneuvers.

Finally, to suggest that all tax returns be made publicly accessible is to support a massive invasion of privacy. Then again, the very imposition of our complex income tax code is a massive invasion of privacy, and one that creates a substantial compliance burden on all income earners.

The Excellent Electoral College

05 Friday Apr 2019

Posted by in Constitution, Democracy

≈ 1 Comment

Tags

, , , , , , , , , , ,

So lacking is the average American’s knowledge of civics that they often react in shock to the suggestion that the United States was never intended to be a pure democracy. But unchecked democracy is not a system that can be counted upon to maintain stability, something the founders knew when they fashioned the country as a constitutional republic. This point bears emphasis given the recent calls to abolish the Electoral College (EC) by such Democrat luminaries as Elizabeth Warren and Beto O’Rourke. Others, like Socialist-cum-Democrat Bernie Sanders, say they want to “assess” the EC.

Jon Gabriel describes the EC as one of a series of stabilizing checks and balances embedded in our system of government. It served the purpose of balancing interests across diverse regional economies and sub-cultures:

“By distributing our presidential choice among 51 individual elections, nominees must appeal to a wide variety of voters with a wide variety of interests. Farmers in Wisconsin are important, as are retirees in Florida, factory workers in Pennsylvania, and shopkeepers in Arizona. White Evangelicals need to be courted in Charlotte, as do Latino Catholics in Mesa.

If the Electoral College were abandoned, party frontrunners would camp out exclusively in urban areas. The pancake breakfasts in Des Moines and Denver would be replaced with mammoth rallies in Los Angeles and New York City.”

So diverse were these interests in the late 1700s that it’s reasonable to assume that the Constitutional Convention would have failed without the creation of the EC. Today, no less, our country would be unlikely to survive the EC’s elimination. Why, for example, would voters in Missouri wish to allow the preferences of east and west coast voters to dominate federal policy-making?

Gabriel provides some interesting history giving emphasis to the notion of a tyranny of the majority under pure democracy:

“The world’s first democracy was ancient Athens, which allowed around 30,000 free adult male citizens to choose their leaders. They made up less than 15 percent of the population, but it was the most egalitarian political innovation to date.

Athen’s unbridled democracy, however, led to the very extremes that sowed its decline and defeat at the hands of enemies. This note from Edward Conway on Quora is instructive (his is the third commentary at the link; most of the others are helpful, but his is most succinct):

“… ancient Athenian democracy was purely a matter of votes: if you wanted to win a court case, or pass a law, or tax a group, or go to war, or massacre a large number of people, the only check was whether you could convince a majority of the citizens to vote in your favor. While there were means of checking individual people (see: Ostracon), this did nothing to check the power of the crowds, as it only removed one focus of this power.

Thus Athenian democracy never moved beyond the initial ‘UNLIMITED POWER!’ stage. Anyone who could convince the crowd to follow them had unchecked authority until they lost control of the crowd.

This led, predictably, to excesses: ‘Let’s attack Sparta!’, ‘Let’s invade Sicily!’, ‘Let’s ostracize our best general!’, etc.“

It’s interesting that the Athenian military was staffed by plebeians who found imperialistic actions to be profitable. Naturally, they voted to devote more resources to military incursions… until they were defeated. Allowing a large faction to vote on their own pay, and the taxes on others necessary to pay for it, can be a glaring defect of democracy. We see manifestations of the same phenomenon today in congressional pay raises and expansion of federal benefits for large segments of the population who pay no taxes.

Back to Gabriel:

As the saying goes, democracy is four wolves and a lamb voting on what to have for lunch. The Founders looked to Athens less as a political model than an object lesson in what not to do.

James Madison said that democracies are ‘incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.’

The EC was a stroke of political genius: It allowed the delegates at the Constitutional Convention to reach a consensus, something that would probably be just as difficult to accomplish today as it was then. The EC transforms one federal election into 51 local elections, reducing the feasibility of tampering by the party in power at the federal level. It also reduces the incentive for electoral fraud in a national race because a greater margin of victory within a state cannot gain the votes of additional electors.

The noise regarding the EC is coming from just one side of the political aisle: Donald Trump’s electoral victory in 2016, and his reasonably good prospects for reelection in 2020, have inflamed the passions of Democrats, who are now grasping at any and all ways in which they might tilt the playing field their way. Relative to electoral votes, popular votes are heavily concentrated in the coastal “blue” states. Such a change in the rules of the game would certainly stand to benefit Democrats. Therefore, the debate looks suspiciously like it has nothing to do with “good governance” and electoral integrity, and everything to do with raw politics.

It’s useful to remember that the EC was an essential incentive for gaining the buy-in of smaller states to join the Union. It remains vitally important to states whose interests would likely be neglected if presidential politics was dominated by the coastal states. Fortunately, the founders invested the EC with durability: rescinding it would require a constitutional amendment. That could happen if two-thirds of the state legislatures agree to convene a constitutional convention. Or, it could be proposed by a two-thirds majority in both houses of Congress, then ratified by three-fourths of the state legislatures. Ain’t gonna happen.

 

The Disastrous Boomerang Effect of Fire Suppression

15 Thursday Nov 2018

Posted by in Environment, Wildfires

≈ Leave a comment

Tags

, , , , , , , , , , , , , , ,

We can lament the tragic forest fires burning in California, but a discussion of contributing hazards and causes is urgent if we are to minimize future conflagrations. The Left points the finger at climate change. Donald Trump, along with many forestry experts, point at forest mismanagement. Whether you believe in climate change or not, Trump is correct on this point. However, he blames the state of California when in fact a good deal of the responsibility falls on the federal government. And as usual, Trump has inflamed passions with unnecessarily aggressive rhetoric and threats:

“There is no reason for these massive, deadly and costly forest fires in California except that forest management is so poor. Billions of dollars are given each year, with so many lives lost, all because of gross mismanagement of the forests. Remedy now or no more Fed payments.”

Trump was condemned for his tone, of course, but also for the mere temerity to discuss the relationship between policy and fire hazards at such a tragic moment. Apparently, it’s a fine time to allege causes that conform to the accepted wisdom of the environmental Left, but misguided forest management strategy is off-limits.

The image at the top of this post is from the cover of a book by wildlife biologist George E. Gruell, published in 2001. The author includes hundreds of historical photos of forests in the Sierra Nevada range from as early as 1849. He pairs them with photos of the same views in the late 20th century, such as the photo inset on the cover shown above. The remarkable thing is that the old forests were quite thin by comparison. The following quote is from a review of the book on Amazon:

“Even the famed floor of Yosemite is now mostly forested with conifers. I myself love conifers but George makes an interesting point that these forests are “man made” and in many ways are unhealthy from the standpoint that they lead to canopy firestorms that normally don’t exsist when fires are allowed to naturally burn themselves out. Fire ecology is important and our fear of forest fires has led to an ever worsening situation in the Sierra Nevada.”

I posted this piece on forest fires and climate change three months ago. There is ample reason to attribute the recent magnitude of wildfires to conditions influenced by forest management policy. The contribution of a relatively modest change in average temperatures over the past several decades (but primarily during the 1990s) is rather doubtful. And the evidence that warming-induced drought is the real problem is weakened considerably by the fact that the 20th century was wetter than normal in California. In other words, recent dry conditions represent something of a return to normal, making today’s policy-induced overgrowth untenable.

Wildfires are a natural phenomenon and have occurred historically from various causes such as lightning strikes and even spontaneous combustion of dry biomass. They are also caused by human activity, both accidental and intentional. In centuries past, Native Americans used so-called controlled or prescribed burns to preserve and restore grazing areas used by game. In the late 19th and early 20th centuries, fire suppression became official U.S. policy, leading to an unhealthy accumulation of overgrowth and debris in American forests over several decades. This trend, combined with a hot, dry spell in the 1930s, led to sprawling wildfires. However, Warren Meyer says the data on burnt acreage during that era was exaggerated because the U.S. Forest Service insisted on counting acres burned by prescribed burns in states that did not follow its guidance against the practice.

The total acreage burned by wildfires in the U.S. was minimal from the late 1950s to the end of the century, when a modest uptrend began. In California, while the number of fires continued to decline over the past 30 years, the trend in burnt acreage has been slightly positive. Certainly this year’s mega-fires will reinforce that trend. So the state is experiencing fewer but larger fires.

The prior success in containing fires was due in part to active logging and other good forest management policies, including prescribed burns. However, the timber harvest declined through most of this period under federal fire suppression policies, California state policies that increased harvesting fees, and pressure from environmentalists. The last link shows that the annual “fuel removed” from forests in the state has declined by 80% since the 1950s. But attitudes could be changing, as both the state government and environmentalists (WSJ, link could be gated) are beginning to praise biomass harvesting as a way to reduce wildfire risk. Well, yes!

The reason wildfire control ever became a priority is the presence of people in forest lands, and human infrastructure as well. Otherwise, the fires would burn as they always have. Needless to say, homes or communities surrounded by overgrown forests are at great risk. In fact, it’s been reported that the massive Camp Fire in Northern California was caused by a PG&E power line. If so, it’s possible that the existing right-of-way was not properly maintained by PG&E, but it may also be that rights-of-way are of insufficient width to prevent electrical sparks from blowing into adjacent forests, and that’s an especially dangerous situation if those forests are overgrown.

Apparently Donald Trump is under the impression that state policies are largely responsible for overgrown and debris-choked forests. In fact, both federal and state environmental regulations have played a major role in discouraging timber harvesting and prescribed burns. After all, the federal government owns about 57% of the forested land in California. Much of the rest is owned privately or is tribal land. Trump’s threat to withhold federal dollars was his way of attempting to influence state policy, but the vast bulk of federal funds devoted to forest management is dedicated to national forests. A relatively small share subsidizes state and community efforts. Disaster-related funding is and should be a separate matter, but Trump made the unfortunate suggestion that those funds are at issue. Nevertheless, he was correct to identify the tremendous fire hazard posed by overgrown forests and excessive debris on the forest floor. Changes to both federal and state policy must address these conditions.

For additional reading, I found this article to give a balanced treatment of the issues.

The Master Negotiator: I’ll Beat Myself Till You Accept My Terms!

07 Wednesday Mar 2018

Posted by in Free Trade, Tariffs, Trump Administration

≈ Leave a comment

Tags

, , , , , , , , , , , , , , , , ,

As if you needed more evidence that governments are incompetent, look no further than trade policy: public officials the world over are almost universally ignorant regarding the effects of international trade and trade imbalances. In this sense, the Trump Administration’s new tariffs on imported steel and aluminum are in keeping with the long history of public sector foibles on trade. This phenomenon stems from an unhealthy and obsessive focus on the well-being of producers without regard to the implications of policy for consumers. Warren Meyer of Coyote Blog offers an evaluation of Chinese trade policy, which he mischievously (I believe) claims was written by a Chinese blogger on a “sister blog” called “Panda Blog“. Despite Meyer’s playfulness, the post is instructive:

“Our Chinese government continues to pursue a policy of export promotion, patting itself on the back for its trade surplus in manufactured goods with the United States. The Chinese government does so through a number of avenues, … each and every one of these government interventions subsidizes US citizens and consumers at the expense of Chinese citizens and consumers. A low yuan makes Chinese products cheap for Americans but makes imports relatively dear for Chinese. So-called ‘dumping’ represents an even clearer direct subsidy of American consumers over their Chinese counterparts. And limiting foreign exchange re-investments to low-yield government bonds has acted as a direct subsidy of American taxpayers and the American government, saddling China with extraordinarily low yields on our nearly $1 trillion in foreign exchange. Every single step China takes to promote exports is in effect a subsidy of American consumers by Chinese citizens.“

The very idea of a trade deficit is often used to intimate a threat to a nation’s economic health. Conversely, a trade surplus is used to suggest that a nation is achieving great economic success. Both contentions are nonsense. Here is more from “Panda Blog“:

“We at Panda Blog believe it is insane for our Chinese government to continue to chase the chimera of ever-growing foreign exchange and trade surpluses. These achieved nothing lasting for Japan and they will achieve nothing for China. In fact, the only thing that amazes us more than China’s subsidize-Americans strategy is that the Americans seem to complain about it so much. They complain about their trade deficits, which are nothing more than a reflection of their incredible wealth. … They complain about China buying their government bonds, which does nothing more than reduce the costs of their Congress’s insane deficit spending. They even complain about dumping, which is nothing more than a direct subsidy by China of lower prices for American consumers.

And, incredibly, the Americans complain that it is they that run a security risk with their current trade deficit with China! This claim is so crazy, we at Panda Blog have come to the conclusion that it must be the result of a misdirection campaign by CIA-controlled American media. After all, the fact that China exports more to the US than the US does to China means that by definition, more of China’s economic production is dependent on the well-being of the American economy than vice-versa.“

By the way, those “quotes” from “Panda Blog” appeared on Coyote Blog 12 years ago!

All nations tend to play these trade games to one extent or another. But protectionist actions always harm a nation’s consumers more than they help producers, a proposition that is easy to demonstrate using a simple supply and demand diagram. While the class of consumers is broader than the class of producers, ultimately “producer” and “consumer” are different roles played by the same individuals. So protectionism is always harmful to a nation, on balance. Furthermore, retaliation against another nation for its dim-witted trade barriers also harms the retaliating nation’s consumers more than it helps its producers, and that’s true regardless of whether retaliation begets reciprocal actions.

Of course, producers are generally in a better position than consumers to grease the political skids in their favor. In a separate post, Meyer notes that protectionist trade policies are rooted in cronyism. The costs to society are very real, but they tend to be diffuse and therefore less obvious to most consumers.

“A lot of the media seems to believe the biggest reason they are bad is that they will incite retaliatory tariffs from other countries, which they almost certainly will.  But even if no one retaliated, even if the tariffs were purely unilateral, they would still be bad. In case after case, they are justified as increasing the welfare of a certain number of workers in targeted industries, but they hurt the welfare of perhaps 100x more people who consume or work for companies that consume the targeted products. Prices will rise for everyone and choices will be narrowed.“

A couple of points deserve emphasis in relation to my last post on Trump’s tariff action:

  • In terms of jobs, the tariffs announced by President Trump present a very poor risk-reward tradeoff (WSJ article is gated):

“The policy point is that Mr. Trump’s tariffs are trying to revive a world of steel production that no longer exists. He is taxing steel-consuming industries that employ 6.5 million and have the potential to grow more jobs to help a declining industry that employs only 140,000.“

  • Stephen Mihm discusses ways in which the U.S. steel industry squandered its superiority in the post-World War II era. Much of Mihm’s article is devoted to the industry’s failure to upgrade to new production technologies. Interestingly, however, it fails to mention the damaging role played by unions in the process. “Dumping” had very little to do with it.
  • Finally, Pierre Lemieux takes a closer look at the national security argument for trade barriers. He concludes that it is fallacious. Of course, it is an excuse for cronyism. Protectionism harms the competitiveness of the protected industries, which actually undermines national security. And protectionism is usually unnecessary on close examination. In the case of steel, for example, national defense and homeland security use only about 3% of American steel production. Beyond that simple fact, the argument is dangerously open-ended. Almost anything can be represented as critical to national security: steel, food, clothing, and many other categories. Even human resources.

Today, Trump announced that Canada and Mexico will be exempt from the new tariffs while a renegotiation of the North American Free Trade Agreement (NAFTA) is underway. That’s better, but this carve-out exempts only 25% of U.S. steel imports. Perhaps Australia will be granted an exemption as well, but additional carve-outs will prompt further increases in tariffs on non-exempt imports. Trump also said that U.S. flexibility in applying the new tariffs to allies will depend on their commitments for military spending!

Thus, rather than maintaining the pretense that trade relationships are about economics, the administration has conceded that the tariffs and the exemption process will be transparently political, never a prescription for efficient resource allocation. Moreover, U.S. trading partners are likely to be reluctant to test the politics of modifying their own trade manipulations at home. Indeed, the politics may dictate retaliation, rather than concessions. In any case, the governments of our trading partners are as clueless on trade as Trump, his Commerce Secretary Wilbur Ross, and his economic advisor Peter Navarro, or they would never intervene in private trade decisions to begin with.

Slam the Damn Brakes on the Regulatory Potentate

28 Saturday Oct 2017

Posted by in Regulation

≈ Leave a comment

Tags

, , , , , , , , , , , , , , , , , , , , , ,

The stock market’s recent gains have at least three plausible explanations: corporate earnings growth, the prospect of tax reform, and deregulation. Tax reform and deregulation are stated priorities of the Trump Administration and have the potential to lift the economy and generate additional earnings. Investors obviously like that prospect, though regulation itself is a tool used subversively by crony capitalists to stifle competition in their markets. Conceivably, some of the large firms that dominate major stock indices could suffer from deregulation. And I have to wonder whether the economic threat of Trumpian trade protectionism is not taken seriously by the equity markets. Let’s hope they’re right.

It’s no mystery that high taxes and tax complexity can inhibit economic growth. Let’s face it: when it comes to productive effort, we can all think of better things to do than tax planning, crony capitalist or not. The same is true of regulation: the massive diversion of resources into non-productive compliance activities stifles innovation, growth, and even the stability of the status quo. Regulation creates obstacles to activities like new construction and the diffusion of telecommunications services. And it discourages the creation of new products and services like potentially life-saving drugs and slows their introduction to market. The sheer number of federal regulations is so spectacular that one wonders how anything productive ever gets done! Patrick McLaughlin of The Mercatus Center and several coauthors tell of “The Impossibility of Comprehending, or Even Reading, All Federal Regulations“.

Regulation is more than a mere economic burden. It is the product of an administrative apparatus that is not subject to the checks and balances that are at the very heart of our system of constitutional government. That is a threat to basic liberties. Barry Brownstein offers an instructive case study of “The Tyranny of Administrative Power” involving violations of property rights in New Hampshire. The case involves the administrative machinations surrounding an installation of high-power lines.

Governmental efforts to spur innovation ordinarily take the form of spending on research, subsidies for certain technologies or favored industries (e.g., alternative energy), and large government programs dedicated to the achievement of various technological goals (e.g., NASA, DARPA). Together with regulatory rules that influence the allocation of resources, these governmental efforts are called industrial policy. An unfortunate recent example is Trump’s decision to retain the renewable fuel standard (RFS), but on the whole, industrial policy does not seem central to Trump’s effort to stimulate innovation.

It’s clear that a deregulatory effort is well underway: the so-called “deconstruction of the administrative state” hailed by Steve Bannon not long after Trump took office. First came Trump’s 2-for 1 executive order (also see here) requiring the elimination (or modification) of two rules for every new rule. In the Wall Street Journal, Greg Ip writes about changes at the FDA and the FCC that could dramatically alter the pace of innovation in the pharmaceutical and telecom industries. (If the link is gated, you access the article on the WSJ’s Facebook page.) Speedier and less burdensome reviews of new drugs will greatly benefit consumers. An end to net neutrality rules will support greater investment in broadband infrastructure and access to innovative services. There is a new emphasis at the FCC on enabling innovative solutions to communications problems, such as Google’s effort to provide cell phone service in Puerto Rico by flying balloons over the island. The Trump Administration is also reining-in an aggressive EPA, the source of many questionable rules that weaken property rights and inhibit growth. (Again, the RFS is a disappointing exception.) Health care reform could offer much needed relief from overzealous insurance regulation and high compliance costs for physicians and other providers.

But deconstructing the administrative state is hard. Regulations just seem to metastasize, so deregulatory gains are offset by continued rule-making. This is partly from new legislation, but it is also a consequence of the incentives facing self-interested regulators. With that in mind, it’s impressive that regulation has not grown, on balance, thus far into Trump’s first year in office. According to Patrick McLaughlin, zero regulatory growth has been unusual going back at least to the Carter Administration. In quoting McLaughlin, The Weekly Standard says that Trump might well earn the mantle of “King of Deregulation“, but he has a long way to go. Brookings has this interactive tool to keep track of his deregulatory progress. One item on the Brookings list is the President’s intention to withdraw from the Paris Climate Accord. That represents a big save in terms of avoiding future regulatory burdens.

I can’t help but be wary of other avenues through which the Trump Administration might regulate activity and undermine economic growth. Chief among these is Trump’s negative attitude toward foreign trade. Government interference with our freedom to freely engage in transactions with the rest of the world is costly in terms of both foreign and domestic prices. With something of a history as a crony capitalist himself, Trump is not immune to pressure from private economic interests, as illustrated by his recent cow-tow to the ethanol lobby. Nevertheless, I’m mostly encouraged by the administration’s deregulatory efforts, and I hope they continue. The equity market apparently expects that to be the case.

Choice, Federal Exchange Failure, and a Path to Health Insurance Reform

25 Wednesday Oct 2017

Posted by in Health Insurance, Markets, Obamacare

≈ Leave a comment

Tags

, , , , , , , , , , , , , , , , , , , , ,

“… a government program that is ruined by permitting more choice is not sustainable.“

That’s Jeffrey Tucker on Obamacare. Conversely, coercive force is incompatible with a free society. Tucker, no fan of President Donald Trump, writes that the two recent executive orders on health coverage are properly framed as liberalization. The orders in question: 1a) eliminate federal restrictions on the sale of so-called association health insurance plans, including their availability across state lines; 1b) remove the three-month limitation on coverage offered under temporary policies; and 2) end insurer cost-sharing subsidies for policies sold to low-income (non-Medicaid) segments of the individual market.

The most immediately impactful of the three points above might be 1b. These temporary policies became quite popular after Obamacare took effect, at least until the Obama Administration placed severe restrictions on their duration and renewal in 2016 (see Avik Roy’s post in Forbes on this point). Trump’s first order rescinds that late-term Obama order. The short-term policies are likely to become popular once again, as things stand. Small employers can avoid many of the Obamacare rules and save significantly on premiums using temporary policies.

Association plans are already sold to small businesses having a “commonality of interest”, but Trump’s order would expand the allowable common interests and permit association plans to be sold across state lines. Avik Roy doubts that this will have a large impact, but to the extent that association plans avoid both state and federal benefit mandates, they could prove to be another important source of more affordable coverage for employees than the Obamacare exchanges. In any case, as Tucker says:

“In the words of USA Today: the executive order permits a greater range of choice ‘by allowing more consumers to buy health insurance through association health plans across state lines.’  … The key word here is ‘allowing’– not forcing, not compelling, not coercing. Allowing.

Why would this be a problem? Because allowing choice defeats the core feature of Obamacare, which is about forcing risk pools to exist that the market would otherwise never have chosen. … The tenor of the critics’ comments on this move is that it is some sort of despotic act. But let’s be clear: no one is coerced by this executive order. It is exactly the reverse: it removes one source of coercion. It liberalizes, just slightly, the market for insurance carriers.“

The elimination of insurer cost-sharing subsidies might sound like the most draconian aspect of the orders. Those subsidies were designed to keep the cost of coverage low for consumers with low incomes, but the subsidies are illegal because the allocation of funds was never authorized by Congress. And contrary to what has been alleged, eliminating the insurer subsidies will have virtually no impact on low-income consumers. First, a large percentage of them are on Medicaid to begin with, not the exchanges. Second, tax-credit subsidies for low-income consumers are still in place for exchange plans, and they will scale based on the premium charged for the “silver” plan (also see Avik Roy’s link above). Taxpayers will be on the hook for those increased subsidies, as they were for the insurer cost-sharing payments.

The exchange market will be weakened by the executive orders, but it has been in a prolonged decline since its inception. Relatively healthy consumers will have opportunities to buy more competitive coverage through short-term policies or association plans, so they are now more likely to exit the risk pool. Higher-income, unsubsidized consumers are likely to pay more for coverage on the exchanges, particularly those with pre-existing conditions. As premiums rise, some of the healthy will simply forego coverage, paying the penalty instead (if it is enforced). Of course, the exchange risk pool was already risky, coverage options have thinned, and premiums have been rising, but the deterioration of conditions on the exchanges will likely be hastened under Trump’s executive orders.

Dismantling some of the restrictions on health insurance choice, which were imposed by executive order under President Obama, could prove to have been a stroke of genius on Trump’s part. As a negotiating ploy, Trump just might have maneuvered Republicans and Democrats into a position from which they can agree … on something. The new orders certainly give emphasis to the deterioration of the exchange markets. The insurers probably viewed the cost-sharing subsidies as a better deal for themselves than having to recoup costs via risky and controversial rate increases, so they are likely to pressure Congress for relief. And higher-income consumers with pre-existing conditions will face higher premiums but won’t have new choices. They will be a vocal constituency.

Democrats just don’t have any ideas with legs, however: single-payer and Medicare-for-all are increasingly viewed as politically unacceptable alternatives by most observers. As John C. Goodman notes at the last link, Medicare is already an actuarial and financial nightmare. Another program of the like to replace existing coverage that most voters would like to keep is not a position likely to win elections. Here is Goodman:

“So, the Democrats’ dilemma is: (1) they are not getting any electoral advantage from Obamacare, (2) they can’t afford to criticize it for fear of upsetting their base and (3) they don’t have an acceptable solution in any event.“

So perhaps we have conditions that might foster a compromise, at least one that could win enough votes to fix the insurance markets. Goodman contends that a plan originally attributable to John McCain, and now in the form of the Pete Sessions/Bill Cassidy-sponsored Patient Freedom Act, could be the answer. It would create something like a Universal Basic Health Allowance, in the form of a tax credit, funded by eliminating all current federal spending on health care (excluding Medicare and Medicaid). Those with pre-existing conditions would purchase coverage the same way as others, but the plan would give insurers a strong incentive to retain them. According to Goodman, a “health status risk adjustment” would assure actuarially-fair pricing by forcing an existing insurer to pay the adjustment to a new insurer when sick individuals change their insurance plans.

The Sessions/Cassidy plan (and Goodman) describes a particular implementation of a more general concept called health status insurance, a good explanation of which is offered by John Cochrane:

“Market-based lifetime health insurance has two components: medical insurance and health-status insurance. Medical insurance covers your medical expenses in the current year, minus deductibles and copayments. Health-status insurance covers the risk that your medical insurance premiums will rise. If you get a long-term condition that moves you into a more expensive medical insurance premium category, health-status insurance pays you a lump sum large enough to cover your higher medical insurance premiums, with no change in out-of-pocket expenses.“

It would be a miracle if Congress can successfully grapple with the complexities of health care reform in the current legislative session. However, Trump’s executive orders have improved the odds that some kind of agreement can be negotiated to address the dilemma of the failing exchanges and coverage for pre-existing conditions. Let’s hope whatever they negotiate will leverage consumer choice and free markets. Trump’s orders are a step, but only one step, in reestablishing the patient/insured as a key decision maker in the allocation of health care resources.

Our Homicidal Drug War

17 Tuesday Oct 2017

Posted by in Prohibition, War On Drugs

≈ 4 Comments

Tags

, , , , , , , , , , , , , ,

Drug prohibition and the war on drugs are destructive policies and most burdensome to communities that can least afford it: impoverished and often minority neighborhoods. Drug laws and their enforcement likely account for the bulk of homicides that occur there, directly or indirectly. A post on SacredCowChips last week discussed the violence that frequently beleaguers communities that are home to unassimilated minorities. Drug prohibition compounds the tragedy in several ways: deadly rivalry among supplier organizations; violent confrontations with law enforcement; user criminality; drug-related incarceration; degraded user productivity; and tainted supplies that exacerbate health risks for users.

Ultimately, bad laws are distinguished by their failure to achieve broad compliance. The thing is, people who want to do drugs will do so regardless of their legality. Most recreational users are sufficiently imbued with a survival instinct and the self-control to govern their use effectively, without ostensible harm. Nearly all recreational users believe they are engaging in a harmless activity, and most of them are right. That is, quite simply, why the drug war just doesn’t work, and it won’t ever work. It doesn’t work for pot, LSD, cocaine, or anything else, including opioids and heroin. (Also see this.)

Prohibition, however, delivers the drug trade into the hands of gangs and mobsters. The supply side of the business attracts individuals having few legitimate market opportunities, who happen to be concentrated in economically depressed neighborhoods. The drug trade’s illegality transforms it into a risky and violent enterprise, and efforts to enforce prohibition magnify those dangers and expose law enforcement to great risk as well. Then, there are the effects of mass incarceration on individuals and their home communities. The situation is self-reinforcing, adding to the instability of these struggling areas.

There is ample evidence that drug prohibition is a driver of crime and responsible for a large number of homicides in the U.S. A Chicago prosecutor was quoted by HuffPo in 2013 as saying that 80% of homicides in the city were gang-related, and therefore primarily drug-related. Economist Jeffrey Miron has linked drug prohibition to international differences in violent crime rates. Scott Sumner has this take on the drug war and crime rates, including a brief analysis of the drop in homicides (40%) after alcohol prohibition was repealed. In 1991, Milton Friedman stated that the repeal of drug laws would eliminate about 10,000 U.S. homicides every year, which at the time would have been about a 40% reduction. And here is Yale’s Dan Kahan on the subject of drug laws and homicide:

“The weight of the evidence pretty convincingly shows that drug-related homicides generated as a consequence of drug prohibition are tremendously high and account for much of the difference in the homicide rates in the U.S. and those in comparable liberal market societies.“

In my last post on the U.S. homicide rate, I drew on Britigne Shaffer’s On the Banks blog post entitled “Michael Owen Nails the Gun Debate“. As log as we have prohibition and a drug war, the U.S. homicide rate is likely to exceed most other industrialized countries:

“We have a system in place where the government subsidizes poverty in urban areas, imposes economic blight in those same areas through heavy taxes and regulations, renders the residents permanently unemployable via the ‘criminal justice’ (sic) system, and creates a lucrative black market in drugs by restricting supply (not to mention increasing demand as people are desperate to escape their circumstances by getting high), meaning the only game in town is often entering the drug trade. The drug trade is violent because those in it have no access to courts to settle disputes. Powerful industries lobby to keep the drug war going; the top spenders are law enforcement unions, the prison industry, big alcohol, tobacco, and pharma.“

The CATO Institute‘s Handbook for Policymakers, Issue #23, advocates the following: repeal of the Controlled Substances Act; allowing states to pursue their own initiatives without federal interference; complete repeal of mandatory minimum sentences; and termination of the Drug Enforcement Administration (DEA). These actions would allow the federal government to focus its resources on real threats, rather than fighting an unending war with an underworld empowered by those very laws, and with Americans who wish to exercise freedom over their use of drugs for medicinal or recreational use. From the CATO Handbook:

“Repeal of prohibition would take the astronomical profits out of the drug business and destroy the drug kingpins who terrorize parts of our cities. It would reduce crime even more dramatically than did the repeal of alcohol prohibition. Not only would there be less crime: reform would also free federal agents to concentrate on terrorism and espionage and would free local police agents to concentrate on robbery, burglary, and violent crime. … The war on drugs has lasted longer than Prohibition, longer than the Vietnam War. Prohibition has failed, again, and should be repealed, again.”

Despite the destructive effects of prohibition, a great many Americans—and politicians—base their opinions about drug laws on flawed moral reasoning that somehow it is more “wrong” or more “dangerous” to do drugs than to drink alcohol, itself a drug posing great danger to abusers, but a legal one. Responsible drug use, like responsible drinking, is a victimless act, or would be without the engagement of underworld suppliers. But it’s clear that President Donald Trump and Attorney General Jeff Sessions are committed to a continuation of the failed drug war, as are a majority of both Democrats and Republicans in Congress. The drug-related killings will continue, as will the ongoing damage to so many American families and communities. The refusal to end the drug war is a tragedy of many tragedies past and future.

Deconstructing the Health Care Administrative State

14 Monday Aug 2017

Posted by in Health Care, Obamacare

≈ Leave a comment

Tags

, , , , , , , , , , , , ,

A leftist friend chided me early this year for my foolish optimism about repeal and replacement of Obamacare. I have to give her credit. She said the GOP did not have a viable plan — I’m sure she meant that both as a matter of policy and politics. I pointed to the several “plans” that were extant at the time, and even some that I thought might soon be formalized as legislation. I wrote off her skepticism as a failure on her part to understand an approach to health care policy less statist than the Affordable Care Act (ACA). Like so many on the left, she probably has trouble conceiving of any plan not relying on centralized control. Apparently, quite a few Republicans share that blind spot. Nevertheless, I was certainly naive about the prospects of getting anything through Congress quickly.

But the battle is not lost, even now. It should be obvious to everyone, as Michael Tanner notes, that the health care debate is far from over. The individual insurance market is in bad shape, reeling from the unfavorable balance of risks created by community rating, mandated coverage and guaranteed issue. As Robert Laszewski notes, the attrition in the individual market is dominated by individuals not eligible for Obamacare subsidies. While legislation is a much longer shot than I imagined back in January, there remain a variety of ways in which Obamacare’s most deleterious provisions can be neutralized and replaced to create a more market-oriented environment. And though it’s too bad that it might come to this, as the situation continues to devolve, new legislation might gain viability.

Tanner mentions a variety of administrative decisions sitting squarely in the hands of the Trump Administration: insurance company subsidies? congressional exemption from Obamacare? promotion of open enrollment? enforcing the individual mandate? And there are many others. Tim Huelskamp provides a link to The Heartland Institute‘s “complete healthcare reform toolbox“. He says:

“During congressional testimony in March, my former House colleague and HHS Secretary Tom Price pointed out that the law offers him multiple opportunities to do just that: ‘Fourteen hundred and forty-two times … the secretary ‘shall’ or the secretary ‘may” make changes to the Affordable Care Act. The Price is right! Under Obamacare, he has tremendous power and latitude not only to dismantle the ACA but to replace it with health care options that enhance individual freedom.

Let Americans pick their doctors, choose a ‘skinny’ health insurance plan, or even purchase a plan from a company based in another state. The Trump administration can waive penalties on individuals and businesses who simply can’t afford Obama’s mandates.  HHS can give a green light to any state that wants to begin restoring choice and freedom for their citizens without federal bureaucrat interference.“

Another productive avenue is deregulation of health care providers themselves. One of the worst aspects of the ACA is its reliance on so-called Accountable Care Organizations (ACOs), which were intended to encourage greater cooperation and efficiency among providers. The reality is that the ACO rules imposed by HHS are leading to higher costs, greater financial risk and increased concentration in the provision of medical care. Patients, also, are often penalized by the monopolizing effects, and because they might not be able to continue seeing the doctor of their choice under the limits of the health plans available. Moreover, the ACA infringes upon the doctor-patient relationship by restricting the doctor’s authority and the patient’s choices about tests and treatments that can be provided. Many of these rules and restrictions can be undone by administrative action.

Finally, before we completely dismiss the possibility of a legislative solution, there is a new Republican health care bill to consider in the Senate. However, it is just as limited in its reforms, or more, than the bill that passed in the House and the one that failed in the Senate. It’s unlikely to go anywhere soon. There could be later opportunities to consider various pieces of reform legislation, especially if the Trump Administration makes good on its promises to roll back administrative rules put in place to implement the ACA. Sadly, for now we wait in vain for legislators and President Trump to overcome the intellectual failure at the root of the inaction on ending Obamacare. The lesson is that in human affairs, central planning doesn’t work!

Infrastructure: Public Waste & Private Rationality

25 Tuesday Jul 2017

Posted by in infrastructure, Privatization

≈ Leave a comment

Tags

, , , , , , , , , , , , , ,

The exaggerated deterioration of American infrastructure is the basis of a perfect bipartisan spending coalition. Proposed public spending on capital such as roads, bridges, high-speed rail, locks, dams, and water and wastewater systems is of obvious value to those who would build it, but the benefits for the public are not always beyond question. As Jeffrey Harding notes at the link, the American Society of Civil Engineers (ASCE) rates U.S. infrastructure as seriously deficient, but it is in their interests to do so. The news media finds the kind of horror story promoted by ASCE hard to resist:

“What they don’t tell you is that if you look at transportation issues over time, things have been getting better, not worse. … The Reason Foundation’s studies on state-owned highways (they are widely recognized as being leaders in this field) and other studies on highways and bridges reveal that there have been significant improvements of infrastructure measures like road and bridge quality and fatalities over the past 20 or 30 years. The facts are that, on the state level, overall spending on highways doubled during that period, and overall measures of highway transportation have improved.“

The point of building new infrastructure is the future flow of service it can offer. Creating construction jobs is not the point. If it were, the government could hire workers to dig holes with spoons, to paraphrase Milton Friedman. Nor should the timing of infrastructure investment be dependent on employment conditions. Unworthy projects are not made worthy by high unemployment. Politicians often attempt to sell projects to the public on exactly that basis, yet as Harding points out, increases in public spending on infrastructure seldom happen in a timely manner, and they often fail to create jobs in any case. This is partly due to the regulatory morass that must be navigated to get approval for new infrastructure, and also because the skilled labor required to repair or add infrastructure is usually occupied already, even when the jobless rate is elevated. In addition, expensive infrastructure projects are vulnerable to graft, which is compounded by the many layers of approval that are typically required.

Harding questions the ASCE’s insistence that inadequacy of our infrastructure is inhibiting U.S. productivity growth. If there is any truth to this assertion, it is probably more strongly related to how infrastructure is priced to users than to the state of the facilities themselves. For example, road congestion in certain areas is a chronic problem that can only be solved via efficient pricing, not by endless attempts to expand capacity. Not only does efficient pricing ease congestion, it enhances the profitability of improvements as well as other modes of transportation. A proposal to add infrastructure that is destined to be mis-priced to users is a plan to waste resources.

Donald Trump conveniently bought into and re-sold the notion that America’s infrastructure is unsound, and he is likely to garner support for an infrastructure initiative on both sides of the aisle. He would undoubtedly include the proposed wall at the Mexican border as an infrastructural need, but we’ll leave the wisdom (and payback) of that project aside for purposes of this discussion. As I’ve discussed before on Sacred Cow Chips, President Trump has at least learned that infrastructure is not and should not be the exclusive domain of the public sector. Trump’s infrastructure proposal calls for tax credits for “public-private partnerships” (Harding’s acronym: P3s). As Harding says:

“P3s let private companies design, build, and operate new infrastructure projects. According to Bob Poole, the Reason Foundation’s expert on privatization, P3s will result in projects that will be more economically productive (no bridges to nowhere) and would be much more cost effective. … These projects would be based on privatized systems which generate an income stream, and are financed by revenue bonds. Thus, the risks of these projects are shifted to private companies rather than to taxpayers.“

P3s solve several problems: they allocate private resources toward facilities for which developers expect high demand and user willingness to pay; they avoid higher levels of general taxation, instead allocating costs to the cost causers (i.e., the users); they give users a more accurate measure of opportunity costs when considering alternatives; and they avoid overuse. Too often, users of public infrastructure pay nothing, or at most they pay enough to cover operating costs with very little contribution to capital costs. Ultimately, that makes the quality and service level delivered by the infrastructure unsustainable. Private developers are unlikely to invest in such boondoggles as long as taxpayers are not obliged to subsidize them.

The P3 tax credits in the Administration’s proposal would certainly represent a public contribution to the funding of a project, but the incentive provided by those credits helps avoid a much more substantial committment of public funds. Moreover, the credits do not create the degree of forced economic stimulus that publicly executed projects often do. Rather, the availability of credits means that projects will be initiated when and if they are economically viable and profitable to do so. We can therefore dispense with the nonsensical goal of “job creation” and focus on the real problems that infrastructure investment can solve.

Some would argue that many types of infrastructure are too public in nature to be left to P3s. In other words, projects with pure public benefits would be under-provided by P3s due an unwillingness to pay by users of “the commons”. Yet there is no rule limiting the public role in the design of a public-private partnership, whether that refers to physical development, operation, or funding. Presumably, the more “public” (and non-exclusive) the benefits, the greater the share of development and maintenance costs that should be funded by government. Whether a piece of true public infrastructure should be funded is a standard question of public finance. Assuming it should, there is likely to be a significant role for private builders and operators. Finally, P3’s do not eliminate the potential for graft. Public review and ongoing regulation would still be demanded. In a sense, P3s are all formalized corporatist efforts, but a key difference relative to current practice is the use and risk of private capital rather than public funds. Ultimately, that won’t matter if failed developments are bailed out by public “partners”. The assets of a failed infrastructure project must be sold off to the highest bidder, presumably at a steep discount.

The standard narrative is that America suffers from substandard infrastructure is highly misleading. There are certainly needs that should be met, many with urgency, and there will always be a series of worthwhile repairs and replacements that require funding. Using P3s to accomplish these objectives demands recognition that 1) users typically derive significant private benefits from infrastructure; and 2) use is often underpriced, especially with respect to allocating capital costs. Infrastructure development can be encouraged by inducing private firms to put “skin in the game”. High-risk but potentially valuable projects might have trouble attracting private funds, of course, and that is as it should be. Politicians might ask taxpayers to fund such a project rather than shopping it to private developers. It therefore behooves voter/taxpayers to evaluate the benefits and sustainability of the project with the utmost skepticism.

Postscript: The image at the top of this post prompts me to reflect on whether a starship is infrastructure. It is certainly a transportation system. Is it a public good? In a large sense, the diversification offered by spreading humanity across multiple worlds can be viewed as a benefit to mankind in the future. But rides on the starship would offer private benefits, depending on one’s sense of adventure as well as the prospects for the home planet. Those private benefits, and the voluntary payments they induce, just might get it done.