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Regulation, Crowding Out, and Malformed Capital

19 Saturday Oct 2019

Posted by pnoetx in Big Government, Regulation

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Bentley Coffey, Compliance Costs, Congressional Budget Office, Consumer Financial Protection Bureau, Conversable Economist, crowding out, Gold Plating, James Whitford, Kieth Carlson, Mandated Investment, Mercatus Center, Patrick A. McLaughlin, Pietro Peretto, Real Clear Markets, Regulatory Burden, Regulatory State, Return on Capital, Robert Higgs, Roger Spencer, Susan E. Dudley, Timothy Taylor, Tyler Richards, Wayne Brough, Zero-Sum Economics

Expanding regulation of the private sector is perhaps the most pernicious manifestation of “crowding out”, a euphemism for the displacement of private activity by government activity. The idea that government “crowds out” private action, or that government budget deficits “crowd out” private investment, has been debated for many years: government borrowing competes with private demand to fund investment projects, bidding interest rates and the cost of capital upward, thus reducing business investment, capital intensity, and the economy’s productive capacity. Taxes certainly discourage capital investment as well. That is the traditional fiscal analysis of the problem.

The more fundamental point is that as government competes for resources and absorbs more resources, whether financed by borrowing or taxation, fewer resources remain available for private activity, particularly if government is less price-sensitive than private-sector buyers.

Is It In the Data?

Is crowding out really an issue? Private net fixed investment spending, which represents the dollar value of additions to the physical stock of private capital (and excludes investments that merely replace worn out capital), has declined relative to GDP over many decades, as the first chart below shows. The second chart shows that meanwhile, the share of GDP dedicated to government spending (at all levels) has grown, but with less consistency: it backtracked in the 1990s, rebounded during the early years of the Bush Administration, and jumped significantly during the Great Recession before settling at roughly the highs of the 1980s and early 1990s. The short term fluctuations in both of these series can be described as cyclical, but there is certainly an inverse association in both the short-term fluctuations and the long-term trends in the two charts. That is suggestive but far from dispositive.

Timothy Taylor noted several years ago that the magnitude of crowding out from budget deficits could be substantial, based on a report from the Congressional Budget Office. That is consistent with many of the short-term and long-term co-movements in the charts above, but the explanation may be incomplete.

Regulatory Crowding Out

Regulatory dislocation is not the mechanism traditionally discussed in the context of crowding out, but it probably exacerbates the phenomenon and changes its complexion. To the extent that growth in government is associated with increased regulation, this form of crowding out discourages private capital formation for wholly different reasons than in the traditional analysis. It also encourages malformation — either non-productive or misallocated capital deployment.

I acknowledge that regulation may be necessary in some areas, and it is reasonable to assert that voters demand regulation of certain activities. However, the regulatory state has assumed such huge proportions that it often seems beyond the reach of higher authorities within the executive branch, not to mention other branches of government. Regulations typically grow well beyond their original legislative mandates, and challenges by parties to regulatory actions are handled in a separate judicial system by administrative law judges employed by the very regulatory agencies under challenge!

Measures of regulation and the regulatory burden have generally increased over the years with few interruptions. As a budgetary matter, regulation itself is costly. Robert Higgs says that not only has regulation been expanding for many years, the growth of government spending and regulation have frequently had common drivers, such as major wars, the Great Depression of the 1930s, and the financial crisis and Great Recession of the 2000s. In all of these cases, the size of government ratcheted upward in tandem with major new regulatory programs, but the regulatory programs never seem to ratchet downward.

While government competes with the private sector for financial capital, its regulatory actions reduce the expected rewards associated with private investment projects. In other words, intrusive regulation may reduce the private demand for financial capital. Assuming there is no change in the taxation of suppliers of financing, we have a “coincidence” between an increase in the demand for capital by government and a decrease in the demand for capital by business owing to regulatory intrusions. The impact on interest rates is ambiguous, but the long-run impact on the economy’s growth is negative, as in the traditional case. In addition, there may be a reallocation of the capital remaining available from more regulated to less regulated firms.

The Costs of Regulation

Regulation imposes all sorts of compliance costs on consumers and businesses, infringing on many erstwhile private areas of decision-making. The Mercatus Center, a think tank on regulatory matters based at George Mason University, issued a 2016 report on “The Cumulative Cost of Regulations“, by Bentley Coffey, Patrick A. McLaughlin, and Pietro Peretto. It concluded in part:

“… the effect of government intervention on economic growth is not simply the sum of static costs associated with individual interventions. Instead, the deterrent effect that intervention can have on knowledge growth and accumulation can induce considerable deceleration to an economy’s growth rate. Our results suggest that regulation has been a considerable drag on economic growth in the United States, on the order of 0.8 percentage points per year. Our counterfactual simulation predicts that the economy would have been about 25 percent larger than it was in 2012 if regulations had been frozen at levels observed in 1980. The difference between observed and counterfactually simulated GDP in 2012 is about $4 trillion, or $13,000 per capita.”

In another Mercatus Center post, Tyler Richards discusses the link between declining “business dynamism” and growth in regulation and lobbying activity. Richards measures dynamism by the rate of entry into industries with relatively high profit potential. This is consistent with the notion that regulation diminishes the rewards and demand for private capital, thus crowding out productive investment.

Regulation, Rent Seeking, and Misallocation

Some forms of regulation entail mandates or incentives for more private investment in specific forms of physical capital. Of course, that’s no consolation if those investments happen to be less productive than projects that would have been chosen freely in the pursuit of profit. This often characterizes mandates for alternative energy sources, for example, and mandated investments in worker safety that deliver negligible reductions in workplace injuries. Some forms of regulation attempt to assure a particular rate of return to the regulated firm, but this may encourage non-productive investment by incenting managers to “gold plate” facilities to capture additional cash flows.

Regulations may, of course, benefit the regulated in certain ways, such as burdening weaker competitors. If this makes the economy less competitive by driving weak firms out of existence, surviving firms may have less incentive to invest in their physical capital. But far worse is the incentive created by the regulatory state to invest in political and administrative influence. That’s the thrust of an essay by Wayne Brough in Real Clear Markets: “Political Entrepreneurs Are Crowding Out the Entrepreneurs“. The possibility of garnering regulations favorable to a firm reinforces  the destructive focus on zero-sum outcomes, as I’ve gone to pains to point out on this blog.

Crowding out takes still other forms: the growth of the welfare state and regulatory burdens tend to displace private institutions traditionally seeking to improve the lives of the poor and disenfranchised. It also disrupts incentives to work and to seek help through those private aid organizations. That is a subject addressed by James Whitford in “Crowding Out Compassion“.

Just Stop It!

President Trump has made some progress in slowing the regulatory trend. One example of the Administration’s efforts is the two-year-old Trump executive order demanding that two regulatory rules be eliminated for each new rule. Thus far, many of the discarded regulations had become obsolete for one reason or another, so this is a clean-up long overdue. Other inventive efforts at reform include moving certain agency offices out of the Washington DC area to locales more central to their “constituencies”, which inevitably would mean attrition from the ranks of agency employees and with any luck, less rule-making. The judicial branch may also play a role in defanging the bureaucracy, like this case involving the Consumer Financial Protection Bureau now before the Supreme Court. Unfortunately, tariffs represent taxation of consumers and firms who use foreign goods as inputs, so Trump’s actions on the regulatory front aren’t all positive.

Conclusion

The traditional macroeconomic view of crowding out involves competition for funds between government and private borrowers, higher borrowing costs, and reduced private investment in productive capital. The phenomenon can be couched more broadly in terms of competition for a wide variety of goods and services, including labor, leaving less available for private production and consumption. The growth of the regulatory state provides another piece of the crowding-out puzzle. Regulation imposes significant costs on private parties, including small businesses that can ill-afford compliance. The web of rules and reporting requirements can destroy the return on private capital investment. To the extent that regulation reduces the demand for financing, interest rates might not come under much upward pressure, as the traditional view would hold. But either way, it’s bad news, especially when the regulatory state seems increasingly unaccountable to the normal checks and balances enshrined in our Constitution.

Perspective on U.S. Health Care Spending & Outcomes

05 Sunday Aug 2018

Posted by pnoetx in Health Care, Health Insurance

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Bernie Sanders, Charles Blahous, John Cochrane, Joseph Walker, Life Expectancy, Mahdi Barakat, Medicare For All, Mercatus Center, Obesity, Random Critical Analysis, SwedenCare

The U.S. spends a lot on health care, and our health care system is frequently criticized for poor health outcomes. The chart below is an example of evidence used to buttress this argument. It shows combinations of health care spending and life expectancy over time for the OECD countries. The U.S. appears to be a severe outlier and inferior to the other countries. A variation on this chart appeared on the home page of The Wall Street Journal this week. It accompanied (but was not part of) a good article by Joseph Walker in which he used 12 other charts in an effort to explain why the U.S. spends so much on health care. (Sorry, this link is probably gated.) Walker discusses several important cost factors, including third-party payments, tax treatment, and the deployment of expensive technology in the U.S. However, the claim that the U.S. is really an outlier is worth examining on other grounds.

The chart’s construction suggests that a reliable link should exist between health care spending and life expectancy, but there are several reasons to question whether that is the case. U.S. life expectancy has been held down historically by high rates of smoking, but reduced smoking rates should help moderate the U.S. life expectancy gap in coming years. Obesity in the U.S. is a more persistent problem, especially for the poor, and an even bigger contributor to low U.S. life expectancy than smoking at present. (See this report for evidence on the contributions of smoking and obesity to shorter life expectancy for older adults.) Other contributors to low life expectancy in the U.S. include high motor-vehicle deaths and homicides, the latter attributable in large part to the war on drugs. All of these factors contribute to higher health care spending and directly reduce life expectancy.

The status of the U.S. as an outlier in terms of health care spending is questioned on the Random Critical Analysis blog (RCA). The author’s detailed analysis includes the following points among many others of interest:

  • Health care is a superior good: as income rises, spending on health care rises faster;
  • The U.S. has a much higher standard of living than any of its peer nations;
  • U.S. consumption spending relative to GDP is an “outlier”, like health care spending relative to GDP;
  • Consumption is a stronger predictor of health care spending than income;
  • Relative to consumption, health care spending in the U.S. is not an outlier, nor is spending on pharmaceuticals, physician/nursing compensation, and the levels of health price indices.

Take a look at the following sequence from the RCA blog linked above (the animation might not be visible on a phone):

So the argument that the U.S. health care system is inferior to peer countries based on cross-county spending comparisons and life expectancy, to the extent that it holds up at all, is subject to strong qualifications. Inferior lifestyle choices, diets, and lack of exercise might be problematic in the U.S., but the healthcare system cannot be faulted based on spending levels relative to other OECD countries.

In fact, the superiority of the U.S. health care system in many areas is not even in dispute. As Mahdi Barakat points out, wait times for care, cancer survival rates, and stroke mortality are all clearly better in the U.S. than in many peer countries:

“Lives are indeed saved by the many types of superior medical outcomes that are often unique to the US. This is not to mention the innumerable lives saved each year around the world due to medical innovations that are made possible through vibrant US markets.”

Barakat compares dubious progressive claims that up to 45,000 American lives are lost each year due to a lack of insurance with the likely incremental lives lost if various performance measures in the U.S. were equivalent to those in other countries:

  • 25,000 additional female deaths per year with Canada’a wait times for care (no estimate for additional male deaths is given by Mahdi’s source);
  • 64,000 additional stroke deaths each year with the UK’s overall stroke mortality;
  • 72,000 additional cancer deaths each year with the UKs survival rates.

Theoretically, the national spending figures could be adjusted for the cost of queuing, i.e. wait times. While Obamacare certainly increased wait times in the U.S., the adjustment would likely reduce or eliminate the spending advantages that several OECD countries appear to have over the U.S.

The performance of health care systems in many countries with single-payer systems or universal care is subject to challenge, as some of the statistics offered by Barakat demonstrate. In “The Truth About SwedenCare“, Klaus Bernpaintner expresses his dismay at the romanticized view of health care in Sweden among so many Americans. His effort to convey the truth about Sweden’s stultifying health care bureaucracy is illuminating. There are few private physician practices in Sweden. Care is generally rationed and waits are lengthy, and it is delivered by disinterested, centrally-assigned providers.

“For non-emergency cases in Sweden, you must go to the public ‘Healthcare Central.’ This is always the starting point for anything from the common flu to brain tumors. You must go to your assigned Central, according to your healthcare district. Admission is by appointment only. Usually they have a 30-minute window every morning, when you call to claim one of the budgeted slots. Make sure to call early or they run out. Rarely will you get an appointment for the same day. You will be assigned a general practitioner, probably one you have never met before; likely one who does not speak fluent Swedish; and very likely one who hates his job. If you have a serious condition, you will be started on a path of referrals to experts. This process can take months.”

Bernpaintner calls this Sweden’s health care “bread line”, where people go to die. He mentions several other nightmarish features of health care in Sweden that Americans should hope to avoid. In particular, we should resist calls for a single-payer system, like Bernie Sanders’ Medicare-For-All proposal. An analysis by Charles Blahous of the Mercatus Center at George Mason University has shown that it would increase federal spending by $32.6 trillion over ten years. This estimate is basically in-line with others mentioned by Blahous. Much of the additional federal spending would represent a transition away from private spending, a process that would be massively disruptive. However, the study gives the plan the benefit of several doubts by accepting the assumptions made by Sanders: 1) a huge saving in prescription drug costs; 2) a huge saving in administrative costs; 3) providers will happily accept Medicare reimbursement levels; and 4) new immigrants will not be attracted by an essentially free health care program. Fat chance. But given all of these questionable assumptions, total health care spending would fall even as the government takes on the massive new outlays. Take away just fantasy #3 and total national health care spending would rise, a swing of $700 billion by 2031.

John Cochrane makes a useful distinction between two conceptions of universally-accessible coverage: one that all must use vs. one that all can use. (He calls them both forms of single-payer systems, though that usage sounds a bit awkward to me.) The voluntary form is preferable for several reasons: it can preserve choice in terms of coverage and providers; while the public-payer’s share must be funded, it demands little or nothing in the way of cross-subsidized pricing; and it does not imply that government must act as a single “price setter”. Cochrane warns of the possible consequences of a universally-mandated single payer:

“Not only is there some sort of single easy to access health care and insurance scheme for poor or unfortunate people, but you and I are forbidden to escape it, to have private doctors, private hospitals, or private insurance outside the scheme. Doctors are forbidden to have private cash paying customers. That truly is a nightmare, and it will mean the allocation of good medical care by connections and bribes.”

The presumption that universal health care will improve quality and save lives is unsupported by any real evidence. Its proponents incorrectly assume that the uninsured do not get care at all. Providers might go uncompensated, but the uninsured can often get needed care with more immediacy than they could with the lengthy wait times typical of many single-payer systems. The quality of care is likely to deteriorate under a single-payer system given the stresses placed on providers, the highly regulated conditions under which they would be forced to operate, and restricted treatment options. And of course a single-payer system would suspend the price mechanism and any semblance of competition in the health care marketplace.

The health care system in the U.S. has massive problems, but they were created and exacerbated by a series of governmental intrusions on the marketplace over many years. A flourishing market requires choice for consumers and competition between providers—in both health care delivery and insurance coverage. It also requires a roll-back of regulation on providers and insurers. But as Cochrane emphasizes, such a marketplace can exist apart from a voluntary, tax-funded payer-of-last-resort.

Slam the Damn Brakes on the Regulatory Potentate

28 Saturday Oct 2017

Posted by pnoetx in Regulation

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Administrative State, Barry Brownstein, Corn Ethanol, crony capitalism, DARPA, Deregulation, Donald Trump, Drug Review, EPA, FCC, FDA, Greg Ip, Industrial Policy, Mercatus Center, NASA, Net Neutrality, Paris Climate Accord, Patrick McLaughlin, Puerto Rico, Renewable Fuel Standards, Steve Bannon, The Brookings Institution, Two-For-One Regulatory Order

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.

Administrative Supremacy, Lost Checks and Balances

16 Friday Jun 2017

Posted by pnoetx in Regulation

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Administrative State, Chevron Deference, Cost of Regulation, Due Process, Eric Boehm, Evan D. Bernick, Executive Power, Fourth Branch, George Mason University, Glenn Reynolds, Inez Stepman, Jarrett Stepman, Judicial Deference, Mercatus Center, Philip Hamburger, Reason.com, Regulatory Dark Matter, Separation of Powers, Townhall, Two-For-One Regulatory Order

The two-for-one regulatory order issued by the Trump White House in January raises some practical difficulties in implementation. It requires that federal agencies eliminate two regulatory rules for every new rule promulgated, both in terms of the number of rules and any incremental regulatory costs imposed. Two out for every one in. Questions surrounding the meaning of “a regulation”, how to define incremental costs, and whether a particular rule is actually mandated by legislation are not trivial. Nevertheless, the spirit of this order is admirable and it serves as the leading edge of the Administration’s attempt to roll back the scope and impact of excessive government authority.

The cost of regulation is vast. Economists at the Mercatus Center at George Mason University have estimated the total cumulative cost of regulation in the U.S., finding that regulation has reduced economic growth by 0.8 percent per year since 1980. Without the additional regulatory growth since 1980, the U.S. economy would have been about 25 percent larger than it was in 2012. That’s a $4 trillion shortfall, or roughly $13,000 per person.

While regulation and administrative control over the private economy takes an increasing toll on economic growth and human welfare, the problem goes beyond economic considerations: administrative agencies have “progressively” usurped not just legislative but also judicial power. The concentration of executive, legislative and judicial power constitutes a “fourth branch of government“, a development inimical to the principles enshrined in our Constitution and a prescription for slow-boil tyranny. It facilitates rent seeking and corporatism just as surely as it creates a ruling class of individuals who act on their personal and arbitrary inclinations. We are ruled by men backed by police power, not impartial laws.

Glenn Reynolds writes that unelected rule makers and central planners are able to manipulate decisions across a broad swath of the economy and society. He quotes a new book by Philip Hamburger of Columbia Law School called “The Administrative Threat“:

“Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional?

A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.“

Two previous posts on Sacred Cow Chips have dealt with Hamburger’s work. The first, “Hamburger Nation: An Administrative Nightmare“(1) provides the following explanation of his position:

“Hamburger examines the assertion that rule-making must be delegated by Congress to administrative agencies because legislation cannot reasonably be expected to address the many details and complexities encountered in the implementation of new laws. Yet this is a delegation of legislative power. Once delegated, this power has a way of metastasizing at the whim of agency apparatchiks, if not at the direction of the chief executive. If you should want to protest an administrative ruling, your first stop will not be a normal court of law, but an administrative review board or a court run by the agency itself! You’ll be well advised to hire an administrative attorney to represent you. Eventually, and at greater expense, an adverse decision can be appealed to the judicial branch proper.“

The exercise of rule-making authority, and even extra-legal legislative action by the administrative state, has economic costs that are bad enough. Hamburger also emphasizes the breakdown of the separation of executive and judicial powers inherent in the enforcement and adjudication of disputes under administrative law. This was the subject of the second Sacred Cow Chips post referenced above: “Courts and Their Administrative Masters“. It reviewed an unfortunate standard established by court precedent involving judicial (“Chevron”) deference to administrative agency fact-finding and even interpretation of law. While the decisions of administrative courts, which are run by the agencies themselves, can be appealed to the judicial branch, such appeals often amount to exercises in futility.

“…courts apply a test of judgement as to whether the administrative agency’s interpretation of the law is “reasonable”, even if other “reasonable” interpretations are possible. This gets particularly thorny when the original legislation is ambiguous with respect to a certain point.

…the courts should not abdicate their role in reviewing an agency’s developmental evidence for any action, and the reasonability of an agency’s applications of evidence relative to alternative courses of action. Nor should the courts abdicate their role in ruling on the law itself.“

This paper on Judicial Deference to Agencies by Evan D. Bernick of Georgetown Law makes the case that judicial deference is a violation of the constitutional separation of powers, concluding that:

“… in cases involving administrative deprivations of core private rights to ‘life, liberty, or property,’ fact deference violates Article III’s vesting of ‘[t]he judicial power’ in the federal courts; constitutes an abdication of the duty of independent judgment that Article III imposes upon federal judges; and violates the Fifth Amendment by denying litigants ‘due process of law,’ which requires (1) judicial proceedings in an Article III court prior to any individualized deprivation of ‘life, liberty, or property’; and (2) fact-finding by independent, impartial fact-finders.“

Inez and Jarrett Stepman in Townhall note that there are almost three million well-paid federal employees with job security that would make most private sector workers envious.

“Though the abolishment of the spoils system [which allowed civil service hiring and firing based on political party] was meant to mitigate corruption and incompetence, it has resulted in a toxic combination of enhanced agency power and an entrenched civil servant class with its own institutional—and frequently political—interests, virtually unaccountable to the president or any other elected official.“

The Stepmans discuss legislation that might stem the usurpation of lawmaking power by the administrative state. They are convinced that the administrative state must be reigned-in. Ironically, expanded executive authority means that the process of reversal is not that difficult in many cases. By way of example, here’s a piece on the ease of undoing certain Obama era regulations. Executive orders, or “the pen and the phone” in Obama’s charming parlance, lack legitimate legislative authority and can be reversed by new executive orders. I firmly believe that reversing the earlier orders is the right thing to do at the moment, but the unchecked authority that makes it possible (and the supremacy of the administrative state) is a source of economic instability, and it must end. Eric Boehm makes this point eloquently in Reason at the last link above:

“New policies that affect wide swaths of the economy and reshape entire business models should go through Congress, or at the very least should be subject to the public rulemaking process. Guidance documents and other ‘dark matter’ regulations that by-pass those processes can be un-made as quickly as they were made, leaving businesses to deal with an ever-changing and unpredictable regulatory state that does not really help anyone, no matter which side you’re on in any individual policy fight.“

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(1) The principle title “Hamburger Nation” was intended as a play on Glenn Reynolds’ paper “Ham Sandwich Nation: Due Process When Everything Is a Crime“, in which he discussed the judicial implications of over-criminalization and regulatory overreach.

 

Big-Time Regulatory Rewards

26 Tuesday Jul 2016

Posted by pnoetx in Big Government, Central Planning, Regulation

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Cronyism, Daniel Mitchell, Glenn Reynolds, Guy Rolnik, Harvard Business Review, Industrial Policy, James Bessen, Matt Ridley, Mercatus Center, Regdata, regressivity

Government Control

Why does regulation of private industry so often inure to the benefit of the regulated at the expense of consumers? In the popular mind, at least, regulating powerful market players restrains “excessive” profits or ensures that their practices meet certain standards. More often than not, however, regulation empowers the strongest market players at the expense of the very competition that would otherwise restrain prices and provide innovative alternatives. The more complex the regulation, the more likely that will be the result. Smaller firms seldom have the wherewithal to deal with complicated regulatory compliance. Moreover, regulatory standards are promulgated by politicians, bureaucrats, and often the most powerful market players themselves. If ever a system was “rigged”, to quote a couple of well-known presidential candidates, it is the regulatory apparatus. Pro-regulation candidates might well have the voters’ best interests at heart, or maybe not, but the losers are usually consumers and the winners are usually the dominant firms in any regulated industry.

The extent to which our wanderings into the regulatory maze have rewarded crony capitalists — rent seekers — is bemoaned by Daniel Mitchell in “A Very Depressing Chart on Creeping Cronyism in the American Economy“. The chart shows that about 40% of the increase in U.S. corporate profits since 1970 was generated by rent-seeking efforts — not by activities that enhance productivity and output. The chart is taken from an article in the Harvard Business Review by James Bessen of Boston University called “Lobbyists Are Behind the Rise in Corporate Profits“. Here are a couple of choice quotes from the article:

“Lobbying and political campaign spending can result in favorable regulatory changes, and several studies find the returns to these investments can be quite large. For example, one study finds that for each dollar spent lobbying for a tax break, firms received returns in excess of $220. …regulations that impose costs might raise profits indirectly, since costs to incumbents are also entry barriers for prospective entrants. For example, one study found that pollution regulations served to reduce entry of new firms into some manufacturing industries.”

“This research supports the view that political rent seeking is responsible for a significant portion of the rise in profits [since 1970]. Firms influence the legislative and regulatory process and they engage in a wide range of activity to profit from regulatory changes, with significant success. …while political rent seeking is nothing new, the outsize effect of political rent seeking on profits and firm values is a recent development, largely occurring since 2000. Over the last 15 years, political campaign spending by firm PACs has increased more than thirtyfold and the Regdata index of regulation has increased by nearly 50% for public firms.“

A good explanation of Bessen’s findings is provided by Guy Rolnik, including an interview with Bessen. Law Professor Glenn Reynolds of the University of Tennessee put his finger on the same issue in an earlier article entitled “Why we still don’t have flying cars“. One can bicker about the relative merits of various regulations, but as Reynolds points out, the expansion of the administrative and regulatory state has led to a massive diversion of resources that is very much a detriment to the intended beneficiaries of regulation:

“… 1970 marks what scholars of administrative law (like me) call the ‘regulatory explosion.’ Although government expanded a lot during the New Deal under FDR, it wasn’t until 1970, under Richard Nixon, that we saw an explosion of new-type regulations that directly burdened people and progress: The Clean Air Act, the Clean Water Act, National Environmental Policy Act, the founding of Occupation Safety and Health Administration, the creation of the Environmental Protection Agency, etc. — all things that would have made the most hard-boiled New Dealer blanch.

Within a decade or so, Washington was transformed from a sleepy backwater (mocked by John F. Kennedy for its ‘Southern efficiency and Northern charm’) to a city full of fancy restaurants and expensive houses, a trend that has only continued in the decades since. The explosion of regulations led to an explosion of people to lobby the regulators, and lobbyists need nice restaurants and fancy houses.“

Matt Ridley hits on a related point in “Industrial Strategy Can Be Regressive“, meaning that government planning and industrial regulation have perverse effects on prices and economic growth that hit the poor the hardest. Ridley, who is British, discusses regressivity in the context of his country’s policy environment, but the lessons are general:

“The history of industrial strategies is littered with attempts to pick winners that ended up picking losers. Worse, it is government intervention, not laissez faire, that has done most to increase inequality and to entrench wealth and privilege. For example, the planning system restricts the supply of land for housebuilding, raising property prices to the enormous benefit of the haves (yes, that includes me) at the expense of the have-nots. … 

Why are salaries so high in financial services? Because there are huge barriers to entry erected by government, which hands incumbent firms enormous quasi-monopoly advantages and thereby shelters them from upstart competition. Why are cancer treatments so expensive? Because governments give monopolies called patents to the big firms that invent them. Why are lawyers so rich? Because there is a government-licensed cartel restricting the supply of them.“

Ridley’s spirited article gives emphasis to the fact that the government cannot plan the economy any more than it can plan the way our tastes and preferences will evolve and respond to price incentives; it cannot plan production any more than it can anticipate changes in resource availability; it cannot dictate technologies wisely any more than it can predict the innumerable innovations brought forth by private initiative and market needs; it almost never can regulate any better than the market can regulate itself! But government is quite capable of distorting prices, imposing artificial rules, picking suboptimal technologies, consuming resources, and rewarding cronies. One should never underestimate the potential for regulation, and government generally, to screw things up!

Enduring A Dead-Weight Dominion

13 Wednesday Jan 2016

Posted by pnoetx in Big Government, Macroeconomics

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Anthony de Jasay, Automatic Stabilizers, Big government, Boom and Bust Cycle, central planning, Code of Federal Regulations, Double Taxation, Federal Reserve, Final Output, Government intervention, infrastructure, Intermediate Transactions, John Maynard Keynes, Keynesian Economics, Malinvestment, Mark Skousen, Mercatus Center, Shovel-Ready Projects, Spontaneous Order, Stabilization policy, Too big to fail, Underconsumption

government-intervention

If you hope for government to solve economic problems, try to maintain some perspective: the state has unique abilities to botch it, and its power to distort and degrade the economy in the process of “helping” is vast. Government spending at all levels copped about 18% of the U.S.  economy’s final output in 2014, but the public sector’s impact is far more pervasive than that suggests. Private fixed investment in new structures and equipment accounted for only about 16% of Gross Domestic Product (GDP); the nonresidential portion of fixed investment was less than 13% of GDP. I highlight these two components of GDP because no one doubts the importance of capital investment as a determinant of the economy’s productive capacity. But government is a larger share of spending, it can divert saving away from investment, and it creates a host of other impediments to productivity and efficient resource allocation.

The private economy is remarkable in its capacity to satisfy human wants. The market is a manifestation of spontaneous order, lacking the conscious design of any supreme authority. It is able to adjust to dynamic shifts in desires and resource constraints; it provides reliable feedback in the form of changing prices to modulate and guide the responses of participants through all stages of production. Most forms of government activity, however, are not guided by these signals. Instead, the state imposes binding and sometimes immediate constraints on the decisions of market participants. The interference takes a number of forms, including price controls, but they all have the power to damage the performance and outcomes of markets.

The productive base at each stage of the market process is a consequence of the interplay of perceived business opportunities and acts of saving or deferred consumption. The available flow of saving depends on its rewards, which are heavily influenced by taxes and government intervention in financial markets. It’s worth noting here that the U.S. has the highest corporate tax rates in the developed world, as well as double taxation of corporate income paid out to owners. In addition, the tax system is used as a tool to manipulate the allocation of resources, drawing them into uses that are politically favored and punishing those in disfavor. The damaging impact is compounded by the fact that changes in taxes are often unknown ex ante. This adds a degree of political risk to any investment decision, thus discouraging capital spending and growth in the economy’s productive base.

The government is also a massive and growing regulator of economic activity. Over 100,000 new regulatory restrictions were added to the Code of Federal Regulations between 2008 and 2012. Regulation can have prohibitive compliance costs and may forbid certain efficiencies, often based on flimsy or nonexistent cost/benefit comparisons. It therefore damages the value and returns on embedded capital and discourages new investment. It is usually uneven in its effects across industries and it typically reduces the level of competition in markets because small firms are less capable of surviving the costs it imposes. Innovation is stifled and prices are higher as a result.

From a philosophical perspective, even the best cost/benefit comparisons are suspect as tools for evaluating government intervention. Don Boudreaux quotes Anthony de Jasay’s The State on this point:

“What could be more innocuous, more unexceptional than to refrain from intervening unless the cost-benefit comparison is favourable? Yet it treats the balancing of benefits and costs, good and bad consequences, as if the logical status of such balancing were a settled matter, as if it were technically perhaps demanding but philosophically straightforward. Costs and benefits, however, stretch into the future (problems of predictability) and benefits do not normally or exclusively accrue to the same persons who bear the costs (problems of externality). … Treating it as a pragmatic question of factual analysis, one of information and measurement, is tacitly taking the prior and much larger questions as having been somehow, somewhere resolved. Only they have not been.“

Poorly-executed and inappropriate stabilization policy is another way in which government distorts decisions at all stages of production. There are many reasons why these policies tend to be ineffective and potentially destructive, especially in the long run. Keynesian economics, based on ideas articulated by John Maynard Keynes, offers prescriptions for government action during times of instability. That means “expansionary” policy when the economy is weak and “contractionary” policy when it is strong.  At least that is the intent. This framework relies on the notion that components of aggregate demand determine the economy’s output, prices and employment.

The major components of GDP in the National Income and Product Accounts are consumer spending, private investment, government spending, and net foreign spending. In a Keynesian world, these are treated as four distinct parts of aggregate “demand”, and each is governed by particular kinds of assumed behavior. Supply effects are treated with little rigor, if at all, and earlier stages of production are considered only to the extent that their value added is included, and that the finished value of  investment (including new inventories) is one of the components of aggregate demand.

Final spending on goods and services (GDP) may be convenient because it corresponds to GDP, but that is simply an accounting identity. In fact, GDP represents less than 45% of all transactions. (See the end note below.) In other words, intermediate transactions for raw materials, business-to-business (B2B) exchange of services and goods in a partly fabricated state, and payments for distributional services are not counted, but they exceed GDP. They are also more variable than GDP over the course of the business cycle. Income is generated and value is added at each stage of production, not only in final transactions. To say that “value-added” is counted across all stages is a restatement of the accounting identity. It does not mean that those stages are treated behaviorally. Technology, capital, employees, and complex decision-making are required at each stage to meet demands in competitive markets. Aggregation at the final goods level glosses over all this detail.

The focus of the media and government policymakers in a weak economy is usually on “underconsumption”. The claim is often heard that consumer spending represents “over two-thirds of the economy”, but it is only about one-third of total transactions at all levels. It is therefore not as powerful an engine as many analysts assert. Government efforts to stimulate consumption are often thwarted by consumers themselves, who behave in ways that are difficult for models to capture accurately.

Government spending to combat weakness is another typical prescription, but such efforts are usually ill-timed and are difficult to reverse as the economy regains strength. The value of most government “output” is not tested in markets and it is not subject to competitive pressure, so as the government absorbs additional resources, the ability of the economy to grow is compromised. Programmatic ratcheting is always a risk when transfer payments are expanded. (Fixed programs that act as “automatic stabilizers”, and that are fiscally neutral over the business cycle, are less objectionable on these grounds, but only to the extent that they are not manipulated by politicians or subject to fraud.) Furthermore, any measure that adds to government deficits creates competition for the savings available for private capital investment. Thus, deficits can reduce the private economy’s productive capacity.

Government investment in infrastructure is a common refrain, but infrastructure spending should be tied to actual needs, not to the business cycle. Using public infrastructure spending for stabilization policy creates severe problems of timing. Few projects are ever “shovel-ready”, and rushing into them is a prescription for poor management, cost overruns and low quality.

Historically, economic instability has often been a consequence of poorly-timed monetary policy actions. Excessive money growth engineered by the Federal Reserve has stimulated excessive booms and inflation in the prices of goods and assets. These boom episodes were followed by market busts and recessions when the Fed attempted to course-correct by restraining money growth. Booms tend to foster misjudgments about risk that end in over-investment in certain assets. This is especially true when government encourages risk-taking via implicit “guarantees” (Fannie Mae and Freddie Mac) and “too-big-to-fail” promises, or among individuals who can least afford it, such as low-income homebuyers.

Given a boom-and-bust cycle inflicted by monetary mismanagement, attempts to stimulate demand are usually the wrong prescription for a weak economy. Unemployed resources during recessions are a direct consequence of the earlier malinvestment. It is better to let asset prices and wages adjust to bring them into line with reality, while assisting those who must transition to new employment. The best prescription for instability is a neutral stance toward market risks combined with stable policy, not more badly-timed countercyclical efforts. The best prescription for economic growth is to shrink government’s absorption of resources, restoring their availability to those with incentives to use them optimally.

The more that central authorities attempt to guide the economy, the worse it gets. The torpid recovery from the last recession, despite great efforts at stimulus, demonstrates the futility of demand-side stabilization policy. The sluggishness of the current expansion also bears witness to the counterproductive nature of government activism. It’s a great credit to the private market that it is so resilient in the face of long-standing government economic and regulatory mismanagement. A bureaucracy employing a large cadre of technocrats is a “luxury” that only a productive, dynamic economy can afford. Or can it?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

A Note On Output Measures

More complete aggregations of economic activity than GDP are gross output (GO) and gross domestic expenditures (GDE). These were developed in detail by economist Mark Skousen in his book “The Structure of Production“, published in 1990. GO includes all final transactions plus business-to-business (B2B) transactions, while GDE adds the costs of wholesale and retail distribution to GO. Or as Skousen says in this paper:

“GDE is defined as the value of all transactions (sales) in the production of new goods and services, both finished and unfinished, at all stages of production inside a country during a calendar year.“

GO and GDE show the dominance of business transactions in economic activity. GDE is more than twice as large as GDP, and B2B transactions plus business investment are twice the size of consumer spending. According to Skousen, GDE varies with the business cycle much more than GDP. Many economic indicators focus on statistics at earlier stages of production, yet real final spending is often assumed to be the only measure of transactions that matters.

 

ObumbleCare & The Adverse Selectors

11 Wednesday Nov 2015

Posted by pnoetx in Obamacare

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Tags

adverse selection, Death Spiral, Emergency room utilization, Exchange-based plans, Medicaid expansion, Mercatus Center, Michael Tanner, Non-market solutions, Obamacare, Obamacare enrollment

Risk Pool

“… out in the real world, the bad news keeps coming, drop by drop, drip by drip, until we are seeing a virtual flood of Obamacare awfulness.“

That’s from Michael D. Tanner in “What’s Wrong With Obamacare?” Tonight, I offer  you a list of some of the drippings:

  • Flat enrollment, expected to be less than half of the original projection for 2016;
  • Almost all (97%) newly insureds under Obamacare are enrolled under expanded Medicaid, unaided by the many complexities introduced by Obamacare;
  • 12 of 23 federal health care insurance coops have failed as of Nov. 3;
  • High medical loss ratios are threatening the viability of insurers in 27 states, a result of adverse selection by relatively sick enrollees;
  • With unfavorable risk pools, premiums for all 2016 exchange-based plans are rising 20.3%, well above the 7.5% figure quoted by HHS for “Silver” plans;
  • Health insurance does not guarantee health care, and many of the newly insured are finding that providers are scarce, given reimbursement rates;
  • Emergency rooms utilization is up, as patients know they can get care there;
  • Rationing of care is increasingly a matter of waiting time, as it is in other countries that rely on non-market solutions to health care;
  • As many as 700,000 low-income enrollees are at risk of losing their coverage because they did not file tax returns;
  • For many, the penalty for not having coverage ($695 next year) is lower than the premium they would pay for coverage;
  • More than 5 million individuals lost their coverage under Obamacare, generally policies that were preferred over the new alternatives;
  • Poor incentives and burdensome provider requirements are pushing costs up.
  • Employers are attempting to minimize the cost of Obamacare. The law makes hiring more expensive and leads to substitution of part-time for full-time workers;

The “death spiral” might not be far-off for Obamacare. Here is Tanner’s assessment:

“The young and healthy simply haven’t signed up for Obamacare in the same numbers as those who are older and sicker. The only way for insurers to offset their skyrocketing [Medical Loss Ratios] is to hike premiums still further. … premiums in the worst states could have to rise by an average of 34 percent, and possibly as much as 52 percent. But premium hikes of that magnitude would almost certainly further discourage younger and healthier Americans from buying insurance.“

There is no question that Obamacare will have to be replaced or changed substantially.  Unfortunately, Obamacare apologists simply can’t come to grips with the reality of the law’s failure. They would do well to start focusing on new solutions to the problems that Obamacare was intended to solve. To that end, the Mercatus Center commissioned a collection of seven essays on how best to deal with the problem of pre-existing conditions, now published on the Mercatus web site. Market-based solutions are needed to encourage competition among insurers, incentivize innovation and cost control, and reestablish the primacy of the patient-provider relationship.

The Insane Substitution Of Regulation For Value

21 Monday Sep 2015

Posted by pnoetx in Big Government, Regulation

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Broadband Investment, Code of Federal Regulation, Compliance Costs, Coyote Blog, Dodd Frank Act, e-Verify, Great Stagnation, Jimmy Carter, L. Gordon Crovitz, Mercatus Center, Net Neutrality, Obamacare penalties, Regulatory Burdens, Regulatory State, Vestigial Regulations, Warren Meyer

Regulatory Burdens

My day-job at a financial institution has become increasingly dominated by governance and compliance issues, due largely to the Dodd-Frank Act. Much less of my time these days is dedicated to activities that are of direct value to the business or its customers. It’s not just me, but a large number of talented professionals with whom I work, many having advanced degrees. And a platoon of government regulators with advanced degrees often resides in a conference room on our floor. As I overheard one colleague say the other day, even a sneeze now requires permission from regulators. It feels very much like working for a regulated public utility, or worse yet, a government agency. This is obviously costly for shareholders, customers and taxpayers. If asked, I would be hard-pressed to explain how such massive compliance activity adds value for anyone, except perhaps the regulators themselves, or those who like the job guarantee provided by the situation. Does it offer some extra guarantee of stability for our institution, which remained stable and viable throughout the last financial crisis? Not likely, especially if actually managing the business has anything to do with it. Does it guarantee the stability of the larger financial system to impose massive compliance costs and ossify an otherwise dynamic enterprise?

The financial industry is not the only sector plagued by this phenomenon. At Coyote Blog, Warren Meyer provides a great perspective based on his own experience (and he deserves the inspirational hat-tip for this post). Meyer owns and operates a company that manages public parks. Here is his summary:

“Ten years ago, most of my company’s free capacity was used to pursue growth opportunities and refine operations. Over the last four years or so, all of our free capacity has been spent solely on compliance.“

Meyer offers details of compliance issues that have robbed his business of productive time and energy:

  • Managing hours of seasonal employees to avoid Obamacare penalties;
  • Seeking government approval of price increases to recover minimum wage hikes;
  • Implementing and running e-Verify on new hires;
  • Additional employee hiring documentation requirements;
  • Compliance with California regulation of chairs, hot-day practices, meal breaks, overtime assignments, employee sick days, and other processes;

He goes on to note some economy-wide implications of these entanglements:

“… for folks who are scratching their head over recent plateauing of productivity gains and reduced small business origination numbers, you might look in this direction.

By the way, it strikes me that regulatory compliance issues set a minimum size for business viability. You have to be large enough to cover those compliance issues and still make money. What I see happening is that as new compliance issues are layered on, that minimum size rises, like a rising tide slowly drowning companies not large enough to keep their head above water.“

There is no doubt that heavy regulation favors large firms over small firms, and it makes competing with entrenched businesses more difficult for new entrants. Here is the first of a trio of relevant posts from the Mercatus Center, a summary of research finding that regulation reduces new business start-ups and hiring activity.

A heavily regulated economy is likely to suffer from an accumulation of old, irrelevant, or often conflicting rules. A second Mercatus Center post, “‘Regulatory Appendicitis’ and the Dangers of Vestigial Regulations” focuses on an additional problem: the application of old rules to regulate new technologies:

“From a regulatory agency’s perspective, recycling old rules makes sense: Old rules have withstood legal challenges and offer a relatively safe legal route. However, the rules are unlikely to optimally fit the new context for which they are employed. The use of rules that aren’t optimized for the task at hand can significantly hamper innovation and the development of technology. Even worse, due to poor design, they may not actually accomplish the new objective.“

A case in point is the recent imposition of “net neutrality” rules, which prevent ISPs and internet backbone providers from charging incremental rates to network hogs. This involves the application of regulatory rules designed for railroads 130 years ago and applied to the phone system 80 years ago. L. Gordon Crovitz writes of the early, negative impact of this regulation on investment in broadband in a piece entitled “Obamanet Is Hurting Broadband” (if the link fails, Google “wsj Crovitz Obamanet Broadband” and choose the first link returned):

“Today bureaucrats lobbied by special interests determine what is ‘fair’ and ‘reasonable’ on the Internet, including rates, tariffs and business arrangements. The FCC got thousands of requests for new regulations within weeks of the new rules. … Before Obamanet went into effect, economist Hal Singer of the Progressive Policy Institute predicted in The Wall Street Journal that if price and other regulations were introduced, capital investments by ISPs could quickly fall … 5% and 12% a year …. Now Mr. Singer has analyzed the latest data, and his prediction has come true.“

Crovitz correctly states that consumers want more broadband, and broadband growth requires investment. Systematically punishing those who make such investments will not bring improvements in service. And this is not an isolated result. Apart from the absorption of staff time (which is often required to manage new investment), regulation discourages productive capital investment in new facilities, equipment and technology. The potential growth of the economy suffers as a result, including the potential growth of wages.

Several past posts on Sacred Cow Chips have dealt with the heavy costs imposed by regulation, including “Life’s Bleak When Your Goal Is Compliance“, “You Probably Broke The Law Today“, and “There Oughtta NOT Be a Law“.

Is there really a trend toward greater regulation? Yes, and it is not new. Has it accelerated? A third Mercatus Center post demonstrates that the Obama Administration, in terms of new regulatory restrictions, is on a pace to exceed all preceding presidents over the past 40 years. This is based on the Code of Federal Regulation (though Jimmy Carter edged Obama slightly over Obama’s first four years). Obama’s penchant for executive orders shows no sign of abating, and Congress is apparently incapable of over-riding any veto. Much of this can be reversed, in principle, but new regulations have a way of creating political constituencies, so reversals might be easier to say than do.

Prospective Professionals Don’t Snub Minimum Wage Waivers

01 Tuesday Sep 2015

Posted by pnoetx in Free markets

≈ 1 Comment

Tags

Antony Davies, Automation, Bryan Caplan, Department of Labor, Food Service Robots, McDonald's wages, Mercatus Center, Minimum Wage, Union Wage Exemptions, Unpaid internships, Vocational training, Wage floor, Walmart wages, Wendy's wages

image

Are unpaid internships of any benefit to the student/intern? If not, then why do you suppose several hundred thousand smart students accept them each year? And there are many more internships for which the pay is nominal. Clearly these students have something to gain, though some would still argue that interns are exploited. They would like to be paid, of course, but they are sufficiently forward-thinking to recognize opportunities, even if they are unpaid gigs.

What’s really silly is the Department of Labor’s “tests” for whether an unpaid internship can be offered. In truth, it would be impossible to meet the DOL’s requirements, but that doesn’t seem to matter. Bryan Caplan is on very safe ground in arguing that “Every Unpaid Internship Is Illegal“. Apparently the rules are just for show, though again, some would like to see the practice ended. But here is the truth from Caplan:

“Internships are vocational education. If schools can educate students in exchange for their tuition, why can’t businesses educate students in exchange for their labor? No reason, just anti-market bigotry.“

Caplan’s description of the transaction is apt. From the firm’s point of view, bringing an intern into the office has disadvantages. With some introduction, the intern can perform various low-level tasks, but they absorb the time of paid staff because some degree of oversight is required. And there is some risk: an intern might prove capable of performing fairly complex tasks, but some don’t work out at all. The hope is that they can make a minor contribution to the work effort, add to the firm’s recruiting pipeline, and perhaps strengthen the firm’s ties to the student’s learning institution. In exchange, the intern gains valuable experience in an actual business environment and walks away with a stronger resume and some contacts. A mutually beneficial trade.

For the sake of intellectual consistency, proponents of the minimum wage should oppose unpaid or low-paying internships. The situations differ only in terms of the typical job description and its educational requirements. In both instances, opposition to the voluntary exchange of labor for training and experience would foreclose opportunities of which many are happy to avail themselves. The worst of it is that the minimum wage itself inflicts its damage on the least skilled, who need opportunities the most. This is harmful and foolish intervention, however well-intentioned.

The harm is vividly illustrated by responses to President Obama’s proposal to raise the minimum wage to $10.10 an hour from $7.25, and to various moves on the part of state and local governments to raise the minimum wage within their jurisdictions. The end-game will be higher prices, more automation, lower employment and reduced hours among low-skilled workers (and those with less work experience). This article about Wendy’s is pertinent. It also notes that McDonald’s is planning to automate. Apparently Walmart is cutting hours after responding to pressure to increase wages.

The jury is out on the damage from changes in the minimum wage in cities like Seattle, San Francisco and Los Angeles. Initial signs have indicated some negative employment effects, but the data is noisy and reported at a higher level of aggregation. Regardless, the least skilled will suffer negative consequences. Interestingly, unions backed the increases but have found ways to gain exemptions for their own contracts.

One of the most absurd assertions about wage floors comes from the DOL itself:

“…the DOL cites numerous studies to support its claim that higher wages are associated with higher levels of worker productivity, but the agency gets the causality reversed, among other errors of interpretation.“

The correct rationale for the DOL’s claim is with reference to the productivity of remaining workers near the margin, since less productive workers will have been canned. Too bad! The last link, from Antony Davies of the Mercatus Center, shows the positive relationship between unemployment and the minimum wage for less educated workers. Of course, this does not capture the negative effect on hours worked for those who remain employed following an increase in the wage floor.

Prohibition of unpaid internships would undoubtedly reduce the total number of internships offered to motivated students and others seeking vocational experience and training. The losers are prospective entrants to the knowledge work force who gain valuable experience and credibility as future job candidates by virtue of unpaid or low-paid gigs. But the consequences to would-be interns might not compare to the impact of lost training and experience already suffered by society’s least skilled as a consequence of the minimum wage. They are rendered unemployable by the state, and their alternatives are often limited to dependency or illegal activity.

Statists and Stasis: The Dismal Solutions of Anti-Capitalists

26 Wednesday Aug 2015

Posted by pnoetx in Capitalism, Markets, Socialism, Tyranny

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A. Barton Hinkle, Administered Prices, Anti-Capitalism, Asymmetric Information, Bernie Sanders, central planning, Chris Edwards, Coercive Power, Coyote Blog, Dead Weight Loss, External Effects, Foundation for Economic Education, Fred Foldvary, Jonathan Newman, Mercatus Center, Progressivism, Reason, Robert P. Murphy, Socially useless, Statism and Stasis, The Freeman, Warren Meyer

Thought Hanging

The anti-capitalist Left is quick to condemn private businesses of unfair practices and even unethical behavior. In their estimation, certain prices are not just and profits are somehow undeserved rewards to private property, risk-taking and entrepreneurial sweat. They somehow imagine that meeting market demands is an easy matter, or worse, that market demands are not “socially useful”. Few have ever attempted to run a business, or if they have, they were unsuccessful and resent it. They also cannot grasp the social function served by private markets, to which we owe our standard of living and much of our culture.

What alternatives do these deep thinkers suggest? A socialist utopia? Jonathan Newman discusses the many practical problems presented by socialism and why it always fails to achieve success comparable to societies that rely on free markets. Newman’s treatment covers the inability of administered pricing to convey accurate information and effective incentives, the waste induced by queuing, neglect of comparative advantage, waste induced by production quotas, retarded innovation and technological development, and a deeply embedded stasis in the face of changing conditions. Little wonder that poverty is a consequence.

Warren Meyer at Coyote Blog has written of the stasis seemingly promoted by the progressives. They are quite protective of the status quo. Ironically, and quite rightly, Meyer calls them “deeply conservative”, too conservative to accept the dynamism of a capitalistic society. From Meyer:

“Progressives want comfort and certainty. They want to lock things down the way they are. They want to know that such and such job will be there tomorrow and next decade, and will always pay at least X amount. Which is why, in the end, progressives are all statists, because only a government with totalitarian powers can bring the order and certainty and control of individual decision-making that they crave..

Progressive elements in this country have always tried to freeze commerce, to lock this country’s economy down in its then-current patterns. Progressives in the late 19th century were terrified the American economy was shifting from agriculture to industry. They wanted to stop this, to cement in place patterns where 80-90% of Americans worked on farms.“

Freezing the diffusion of technology and often the state of technology itself is a consequence of socialist policy. And technology may well be the enemy of the Left in another sense: An interesting twist is provided by Fred Foldvary of the Mercatus Center in “Government Intervention Is Becoming Obsolete“. He writes that technology is undermining all of the usual economic rationales for intervention: asymmetric information, external effects, public goods, and monopoly. The article is brief, but he refers the reader to more extensive treatments.

A good example of socialism’s perverse appeal is the rhetoric of Senator Bernie Sanders, now a candidate for the Democrat Presidential nomination. Sanders has criticized the “the dizzying (and socially useless) number of products in the deodorant category….” At Reason.com, A. Barton Hinkle wondered what Sanders might consider the appropriate number of deodorant choices in our society. Would he wish to dictate a limited number as a matter of policy? And what other “socially useless” choices might he choose to limit in his failure to grasp that these choices reflect the incredible health and vibrancy of a market economy. Here’s Hinkle:

“… central planners think they can allocate economic resources better than the unguided hand of individual free choice. Like any good scientific experiment, this one is easily replicated, and has been time and again. See, for example, Venezuela, which has now run out of toilet paper, tampons, and other basic necessities because some people there think they should make all the choices for other people. And yet for many, the repeated lesson still has not sunk in. In an unintentionally hilarious essay about Cuba not so long ago, one writer noted that “the people are hungry here. There are severe food shortages. I do not understand why a tropical island would lack fruits and vegetables . . . and my only assumption is that maybe they have to export it all.”

Never forget that government can only pursue policy objectives via coercive power. I don’t think socialists have forgotten at all. Without the power to coerce, nothing proposed or done by the state can be accomplished and enforced. This is the course that progressive, anti-capitalists must follow to achieve their collectivist vision. But Chris Edwards reminds us that “Coercion Is Bad Economics” with the following points about government:

  • When it “uses coercion, its actions are based on guesswork.“
  • Its “actions often destroy value because they [arbitrarily] create winners and losers.“
  • Its “activities fail to create value because the funding comes from a compulsory source: taxes.”
  • Its “programs often fail to generate value because the taxes to support them create “deadweight losses” or economic damage.“

By arranging voluntary, mutually beneficial trades, market forces avoid all of these problems. As Robert P Murphy explains in The Freeman, “Capitalists Have a Better Plan“.

The anti-capitalists do not hesitate to saddle private businesses with confiscatory tax and regulatory burdens in the name of their own vision of society. Want to live in a bleak world of decline? Then here’s your prescription, courtesy of the anti-capitalist Left: regulate heavily, monitor transactions, impose wage and price controls, dismantle markets, tax at punitive levels, confiscate property, censor “offensive” speech, extend dependence on the state, absorb private savings and crowd out private investment with government borrowing, and inflate the money stock. Smells like a crappy “utopia”.

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  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014

Blogs I Follow

  • TLCCholesterol
  • Nintil
  • kendunning.net
  • DCWhispers.com
  • Hoong-Wai in the UK
  • Marginal REVOLUTION
  • CBS St. Louis
  • Watts Up With That?
  • Aussie Nationalist Blog
  • American Elephants
  • The View from Alexandria
  • The Gymnasium
  • Public Secrets
  • A Force for Good
  • ARLIN REPORT...................walking this path together
  • Notes On Liberty
  • troymo
  • SUNDAY BLOG Stephanie Sievers
  • Miss Lou Acquiring Lore
  • Your Well Wisher Program
  • Objectivism In Depth
  • RobotEnomics
  • Orderstatistic
  • Paradigm Library
  • Scattered Showers and Quicksand

Blog at WordPress.com.

TLCCholesterol

The Cholesterol Blog

Nintil

To estimate, compare, distinguish, discuss, and trace to its principal sources everything

kendunning.net

The future is ours to create.

DCWhispers.com

Hoong-Wai in the UK

A Commonwealth immigrant's perspective on the UK's public arena.

Marginal REVOLUTION

Small Steps Toward A Much Better World

CBS St. Louis

News, Sports, Weather, Traffic and St. Louis' Top Spots

Watts Up With That?

The world's most viewed site on global warming and climate change

Aussie Nationalist Blog

Commentary from a Paleoconservative and Nationalist perspective

American Elephants

Defending Life, Liberty and the Pursuit of Happiness

The View from Alexandria

In advanced civilizations the period loosely called Alexandrian is usually associated with flexible morals, perfunctory religion, populist standards and cosmopolitan tastes, feminism, exotic cults, and the rapid turnover of high and low fads---in short, a falling away (which is all that decadence means) from the strictness of traditional rules, embodied in character and inforced from within. -- Jacques Barzun

The Gymnasium

A place for reason, politics, economics, and faith steeped in the classical liberal tradition

Public Secrets

A 93% peaceful blog

A Force for Good

How economics, morality, and markets combine

ARLIN REPORT...................walking this path together

PERSPECTIVE FROM AN AGING SENIOR CITIZEN

Notes On Liberty

Spontaneous thoughts on a humble creed

troymo

SUNDAY BLOG Stephanie Sievers

Escaping the everyday life with photographs from my travels

Miss Lou Acquiring Lore

Gallery of Life...

Your Well Wisher Program

Attempt to solve commonly known problems…

Objectivism In Depth

Exploring Ayn Rand's revolutionary philosophy.

RobotEnomics

(A)n (I)ntelligent Future

Orderstatistic

Economics, chess and anything else on my mind.

Paradigm Library

OODA Looping

Scattered Showers and Quicksand

Musings on science, investing, finance, economics, politics, and probably fly fishing.

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