The Failure of Anti-Money Laundering Laws

A new video released today by the Center for Freedom and Prosperity Foundation  (CF&P) discusses how anti-money laundering laws, which require banks to snoop on their customers, are costly and ineffective.

Entitled “Making Banks Spy on Their Customers is Not Effective Crime Fighting: The Failure of Anti-Money Laundering Laws,”  the mini-documentary explains that these laws impose heavy costs on the financial industry. These costs might be worthwhile if they passed a cost-benefit test. Unfortunately, there is no evidence that anti-money laundering laws decrease crime. 

“Anti-money laundering laws result in millions of reports on innocent bank customers and genuine hardship for many people who are improperly treated as potential criminals,” said CF&P Foundation President Andrew Quinlan. 

“Anti-money laundering laws create a haystack of financial information, so it is nearly impossible for law enforcement officials to find needles of criminal activity,” said Dan Mitchell of the Cato Institute. “The time has come for a dramatic reassessment of these laws so that resources can be allocated where they will best fulfill the legitimate government function of protecting life, liberty and property.”

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Posted in Limited Government, Privacy | Tagged , , , | Leave a comment

Stimulus Helps Four-Year-Old Buy New Home

Kathy Hoekstra, Mackinac Center for Public Policy

Kathy Hoekstra, Mackinac Center for Public Policy

Had Joe Biden’s stimulus-boosting, damage-control visit to mid-Michigan this week been made open to the public rather than just a few hand-picked visitors, maybe someone could have asked him why a four-year-old “taxpayer” received a “first-time homebuyer” tax credit of $8,000.

That’s right. A four-year-old. According to a report by the Treasury Inspector General for Tax Administration, this little tyke joined 581 other “taxpayers” under the age of 18 “who claimed almost $4 million” in these credits on their 2008 tax returns. The Housing and Economic Recovery Act of 2008 made the first-time homebuyer credit available. The American Recovery and Reinvestment Act of 2009 bolstered the credit to pay out an estimated $4.3 billion in taxpayer money (as determined by the Joint Committee on Taxation).

The report listed several other egregious oversight lapses by the IRS:

  • In tax year 2008, there were 19,351 electronically filed tax returns on which taxpayers claimed credits totaling over $139 million for homes that had not yet been purchased. The amount of the credits inappropriately claimed totaled $139,555,174. (And that’s not including tax returns filed by paper.)
    Taxpayers who appear not to be first-time homebuyers (based on their prior tax return information) were claiming the credit.
  • First-time homebuyer credits were claimed by taxpayers filing tax returns with Individual Taxpayer Identification Numbers (ITINs). ITINs are issued regardless of an individual’s immigration status. Auditors found that through July 25, 2009, 3,238 taxpayers claimed first-time homebuyer credits totaling over $20.8 million on tax returns filed with ITINs. Thus, it’s possible that non-resident aliens, or illegal immigrants, could have received this credit. This is a problem, because, as the report states, “The ARRA specifically denies the First-Time Homebuyer Credit to individuals who are nonresident aliens.”
  • 48,580 taxpayers who may not have been aware of the changes to the credit included in the stimulus package did not claim the full amount to which they were entitled. (And, according to auditor: “The IRS does not plan to contact these taxpayers nor to track whether these taxpayers file amended returns. The IRS believes taxpayers are aware of the additional $500 made available in the ARRA and will amend their returns if warranted.”)

To be fair, the report is looking for problems so the IRS can make improvements, and does not account for those people who feel there is value in this program. However, the report clearly states in its introduction, “The President of the United States has called on Federal agencies to ensure that recovery funds are used for authorized purposes and that every step is taken to prevent fraud, waste, error, and abuse.” By that standard, the IRS has failed the president.

Reason Foundation economist Sam Staley told the Mackinac Center’s Tom Gantert at Capitol Confidential Daily that ARRA as a whole is failing. “The poorly designed nature of the stimulus has meant there is a lot of money going into the economy without much added value,” he said. “We could be diverting resources away from more productive uses.”

Apparently, no one told Vice President Biden. In his Feb. 16 visit to Michigan, he is quoted in a local television report as saying of the stimulus: “It’s gonna take us a while to get us out of this ditch, but it’s working. It’s working.”

At least there’s a four-year-old new homeowner somewhere in America who might agree.

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Posted in Uncategorized | 1 Comment

Day Care Union Scheme in Michigan Part of Union Push Nationwide

Kathy Hoekstra, Mackinac Center for Public Policy

Kathy Hoekstra, Mackinac Center for Public Policy

Michigan home day care owner Sherry Loar had a rude awakening with her state check. “The next time I received my co-pay check … they took out union dues!” (See video of Sherry and other day care owners here)

But she and other workers say they have received none of the benefits promised when union and state officials did the deal.

Loar is referring to the checks she regularly receives from the State of Michigan’s Department of Human Services on behalf of low-income parents who participate in a subsidy program. It turns out as of January, 2009, Sherry and some 40,000 home day care business owners in Michigan now belong to a public sector union called “Child Care Providers Together Michigan” (CCPTM). According to an announcement about the formation of this union, the CCPTM, formed by the American Federation of State, County and Municipal Employees (AFSCME) and the United Auto Workers (UAW) is “an historic public service organizing drive.”

While being touted as “historic”, it’s hardly original. A 2007 report and power point presentation by the National Women’s Law Center describes how AFSCME and the Service Employees International Union began a nationwide effort to organize home day care providers, and struck a deal so as to not step on each other’s toes:

“In the summer of 2006, SEIU and AFSCME announced they had reached agreement on a plan under which one union or the other will take the lead in organizing FCC and FFN providers in sixteen states, and in one state, each union would take the lead in a different part of the state.”

The report explains that many of these unions siphon their dues from government subsidy payments to these day care owners. So as long as child care subsidies remain funded, there is a constant pool of money from which to draw these union dues. In Michigan, this meant $3.7 million in union dues last year, which ostensibly is to help day care owners get higher pay, health benefits and additional training. CCPTM Director Herb Sanders said in a January 12th news release, “Together, the child care providers of Michigan and their organization, work to encourage the quality child care options working parents and the businesses which employ them depend on.”  But home day care owner Michelle Berry says she has seen none of these promises fulfilled so far, “We don’t have monthly meetings. We don’t get newsletters. There’s no communication. There’s just-we have a deduction taken from a check and where that goes I have no clue.”

The home day care unions in New Jersey, Ohio, Kansas, Maryland, New York, Pennsylvania, Iowa and Wisconsin were formed by executive order. Legislation in Maine and New Mexico allowed the formation of day care unions. A combination of both enabled the formation of unions in Washington, Oregon and Illinois. Michigan was unique in that it did neither. (You can view an interactive U.S. map that shows each state’s day care union set-up by clicking here.) Instead, the Great Lakes State formed an “interlocal agreement” to create an employer with whom to collectively bargain. The fact that it is unclear if these 40,000 day care owners work for the state was the focus of a lawsuit against Michigan’s DHS against Michigan’s DHS by the non-profit Mackinac Center Legal Foundation.

All of this underscores the bigger problem facing unions. As representatives of the Mackinac Center wrote in a recent Wall Street Journal editorial:

“It’s telling that in several states that have gone down this road, state and federal subsidies are the source of the union dues. In Michigan, the scheme is essentially throwing a cash lifeline to unions like the UAW, which are hemorrhaging members.”

Mackinac Center Labor Policy Director Paul Kersey says union membership has been in steady decline over the last quarter century, “In 1984 unions represented 21.6 percent of the workforce. Today, with the workforce as a whole expanding by more than a third over that same period, the unionized portion of the workforce has declined to 13.6 percent.”

The future of such maneuvers by labor unions to create new bodies of government employees is murky, at least in Michigan. Lawmakers have introduced legislation to ensure that anyone who receives a government subsidy check is not considered a government employee, and therefore cannot be made members of a government employees’ union. A legislative committee also eliminated funding to the Michigan Home-Based Child Care Council, which is necessary in order for the union to have a so-called “employer.” The fact that the Council remains in operation has legislators stepping up scrutiny of the entire operation, according to Michigan Representative Dave Agema (R-Grandville), who serves on the House Appropriations Sub-Committee on the Department of Human Services.

“I’m looking forward to another hearing when we can find out how they’re avoiding all this (the de-funding of the MHBCCC) and how they’re continuing to be funded and continuing to do these things which I don’t think taxpayer dollars were intended to be used for, ” Agema said.

AFSCME, the Michigan Home-Based Child Care Council, the Michigan Department of Human Services nor Michigan Governor Jennifer Granholm replied to requests for comment.

In addition to national media, the unionization of home day care owners in Michigan has gotten the attention of commentators such as Michelle Malkin and John Stossel because of the broader ramifications. As Loar puts it, “If they can do that to me in my home; somehow if you can do a little of something in America, we tend to do a whole lot more of it … Where does it end?”

To see John Stossel’s coverage of this click here

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Posted in Uncategorized | Tagged , , , , , , , , | 2 Comments

The Personal Is the Political: Who makes the tradeoffs?

By Steven Horwitz • Posted February 11, 2010 on The Freeman

green-police1-290x220In the last couple of decades, one of the most popular political slogans on the left, especially among feminists, has been: “The personal is the political.” For feminists the phrase is invoked to point out that the personal choices women make — for example, whether to continue working full-time after having children — cannot be extracted from the larger political context in which they take place. The political environment profoundly affects personal choices, and personal choices thereby become political acts.

The left sees “The personal is the political” as a kind of call to arms: Everything you do is political so you should think through the implications. In and of itself, that’s a point that libertarians can accept, though perhaps on a narrower set of issues.

However, for those of us in the freedom movement, that same phrase takes on a very different meaning in the context of the continued expansion of government in both health care and the environment. As government’s role grows, more and more decisions that we think of as personal are becoming political – with all the problems that brings. There are decisions that we want to be personal and not political, but when resources become socialized and goals become collective, the personal becomes the political in all kinds of unsavory ways. Let’s look at two quick examples.

As government spends more and more on health care, the number of personal decisions second-guessed by the political authorities will expand as well. When health care spending is private, personal decisions are not political. If I eat poorly, I pay the price at the doctor’s office. However, once we socialize that spending, my decision to eat fatty, salty foods could cause me to use scarce resources from the collective pot. The guardians of that pot — the politicians and bureaucrats — will have to decide if my “needs” are important enough to justify the use of those resources. If they are not, it will be necessary to limit my choices so that they don’t draw those collective resources away from needs politically determined to be “more urgent.” The result could be a special tax or the outright prohibition of two of my life’s great loves: Italian subs and Buffalo wings.

The evidence is all around us: Trans fats are banned; the federal government tells women in their 40s they don’t “need” mammograms; more localities attempt to use zoning and other laws to keep out fast-food restaurants. Rather than allowing individuals to make their own judgments about the tradeoffs regarding risk, the State must substitute its judgment and enforce it with coercion. The personal has become the political.

The second example is illustrated by the much-discussed Audi commercial (see below) shown during the Super Bowl, in which “the Green Police” arrest people for using the wrong light bulbs, preferring plastic bags to paper, throwing away rather than recycling batteries, and using Styrofoam cups. The commercial is powerful because it portrays even the most innocuous personal choices as subject to the State’s coercion if they are not the “correct” ones – that is, the ones the State dictates. When environmental goals become socialized and trump all others, those making the “wrong” choices will find themselves on the wrong end of a gun.

As Hayek wrote almost 70 years ago in The Road to Serfdom, once a society decides that some goals have collective priority over others, the only ways to ensure the pursuit of those goals are propaganda and/or force.

When the personal becomes the political in that sense, the loser is human freedom.

About the Author
Contributing editor Steven Horwitz is the Charles A. Dana Professor of Economics at St. Lawrence University and the author of Microfoundations and Macroeconomics: An Austrian Perspective, now in paperback.

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Posted in Battle for Liberty, Fascism, Individual Liberty, Socialism | Tagged , , , , , , , , , | Leave a comment

“Fear the Boom and Bust” a Hayek vs. Keynes Rap Anthem

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Posted in Austrian Economics | Tagged , , | Leave a comment

A Whole New Mind: Why Right-Brainers Will Rule the Future

Change Your Mind

Mises Daily: Monday, February 08, 2010 by Doug French

french_dougDespite the juiced-up GDP numbers of the last two quarters, there is no illusion that the depression is over and the boom has resumed. While GDP is reported as being positive, the employment numbers remain weak. The headline jobless number has one in ten people out of work. Include those who have become discouraged and dropped out of the labor force, and the number is one in five. Since the start of the depression at the end of 2007, 8.4 million payroll jobs have been lost.

Gaining employment has been especially hard for young people. “From December 2008 to December 2009, the employment of 16–24 year olds in the United States fell by 1.78 million, or a third of the total drop in employment of 5.4 million,” reports David G. Blanchflower in The Peninsula. Even college graduates are suffering as wages fall with fewer opportunities.

The artificial boom that misdirected so much capital into financial services, real estate, and other areas of consumer and investor excess also misdirected human resources. The bust now is cleansing those unneeded and redundant jobs. But those professions were what college students had been preparing for.

Now those boom-time career opportunities will be limited, if not gone. For example, despite the crash and the extensive layoffs in the industry, money-management firms report receiving the same number of applications for entry-level jobs.

And while Washington is trying valiantly to reinflate boom-time industries and protect those jobs with cheap money, government bailouts, and deficit spending, Austrian economists know that the structure of production — including employment and the services that work provides — must change to meet consumer demands .

“The last few decades have belonged to a certain kind of person with a certain kind of mind — computer programmers who could crank code, lawyers who could craft contracts, MBAs who could crunch numbers,” writes Daniel H. Pink, “the keys to the kingdom are changing hands.”

wholenewmindcoverthumbIn his bestselling book, A Whole New Mind: Why Right-Brainers Will Rule the Future, Pink argues that the future belongs to those who can recognize patterns, empathize with others, be creative, and provide meaning to peoples’ lives.

The left hemisphere of our brains handles the logical, sequential, and analytical heavy lifting, while the right hemisphere is our intuitive, holistic, and nonlinear side. The job market has put a premium on left-brain work and, to the extent that education trains workers, it focuses on left-brain thinking. Pink contends that technology, globalization, and material abundance are now sending simple paper-pushing white-collar professions the way of the buggy whip.

First our manufacturing was shipped overseas; next we ended up talking to someone in India when calling for technical support; soon the accountant doing your taxes or the lawyer drawing up your will or corporate documents will be working from many time zones away and doing that work for much less than what those services now cost.

The accountants and lawyers who survive will provide creativity, compassion, and caring in their service. Art students will be more in demand than MBAs; and designers of all types who can combine utility with significance, will be valued more than ever.

Those who can tell or write stories will thrive, according to Pink. With all the world’s facts and figures a click away at virtually no cost, the storyteller’s ability to provide “context enriched by emotion” is what will be prized. Success in the “Conceptual Age” will mean understanding the connections between diverse disciplines — what the author refers to as “symphony .”

One of the important elements of symphony is the use of metaphor or “imaginative rationality” to see relationships, communicate ideas, and understand others.

hazlittthinkingIn Thinking as a Science, Henry Hazlitt makes the point that we tend to imitate the authors we read, and so it is important to only read the best books. Our thinking is formed by our reading and it’s not enough to only occasionally read serious work while mostly reading useless books, magazines, and newspapers. People don’t think the shallow reading harms them, but it does. “This is just as if they were to buy and eat unnutritious and indigestible food,” Hazlitt explains, “and excuse themselves on the ground that they ate nourishing and digestible food along with it.”

“One good meal will not offset a week of bad ones; one good book will never offset any number of poor books.” For one to stay competitive, a person can’t be satisfied that they have already read the required substantial books and can now relax and only ingest junk.

In Thinking, Hazlitt lays out a prescription for what ails most everyone, the neglect of thinking: “real thinking, independent thinking, hard thinking.” People don’t try to think through a problem themselves, but instead they “read up” on it. They examine what someone else has thought about a problem. And we are also quick to jump at the first solution presented, because “remaining in a state of doubt is unpleasant,” Hazlitt reminds us. But the deeper, more satisfying solutions are the ones that come from accepting the unpleasantness of doubt and not jumping at the superficial answer.

Recognizing that we have problems concentrating, Hazlitt suggests a half hour each day be devoted to thinking about a single problem and removing temporary interest in other things. Hazlitt urges the reader to evaluate problems a number of different ways and cautions us not to be prejudiced when problem solving. By this he means we should not desire for an opinion to be right because we would benefit if it were or because we already hold that opinion, and we should not wish for an opinion to be wrong because it would force us to change our current opinion. He writes that one “must be constantly and uncompromisingly sounding his own opinions. Eternal vigilance is the price of an open mind.”

In his chapter entitled “Thinking as an Art,” Hazlitt stresses that memorizing a rule is nothing; applying what you learn is everything. He points out that, while the educated flatter themselves that their correct speech comes from the study of grammar, it’s really derived from their unconscious imitation of the language of those they come in contact with and the books they read. “And needless to say, the cultivated man comes into contact with other cultivated men and with good literature; the ignoramus does not.”

The job market is likely to be dismal for a long time, as government continues to try every trick in the Keynesian playbook to no avail. Only those who embrace Pink’s advice to develop a whole new mind, and Hazlitt’s recommendation to develop real thinking and problem-solving skills, will be successfully employed in the dark days ahead.

Douglas French is president of the Mises Institute and author of Early Speculative Bubbles & Increases in the Money Supply. He received his masters degree in economics from the University of Nevada, Las Vegas, under Murray Rothbard with Professor Hans-Hermann Hoppe serving on his thesis committee.

Re-posted with permission under the Creative Commons Attribution 3.0

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Posted in Philosophy, Thinking | Tagged , , , , , , | Leave a comment

You Can’t Count What You Can’t See

Posted by Steven Horwitz, Guest Blogger at 4:10 PM on 02/02/10 on the NBR Blog

horwitz_95x119HT to Steve Horwitz at the Coordination Problem Blog

Over the weekend, the White House released a report indicating that the stimulus program had directly funded about 600,000 jobs and indirectly “created or saved” a total of 1.5 to 2 million jobs. Later investigation will likely reveal that a good number of these created jobs are non-existent or otherwise shouldn’t have been counted. Politicians, both national and local, have every reason to exaggerate numbers like this, and expecting accounting accuracy from the people who pay hundreds of dollars for a hammer has long been an exercise in faith over reason.

Moreover, one can raise all kinds of questions about whether “creating jobs” should be the goal of economic policy. There’s a story about Milton Friedman in China that may be apocryphal but illustrates this point. In observing hundreds of Chinese workers clearing land for a new building using shovels, Friedman asked his hosts “Why are they using shovels? Why not use heavy equipment like an earth-mover?” The Chinese official said “If we did that, we’d lose all of those jobs!” Supposedly Friedman said “Oh, you’re trying to create jobs! I thought you were trying to build a building. If you want to create jobs, why not take away their shovels and give them spoons?” I’m sure the Chinese host didn’t find that funny, but it perfectly illustrates the point that “creating jobs” is easy (another example: we could destroy all farm machinery); the tougher thing is creating value by saving labor in one place to use it where it is more urgently needed elsewhere. The benefits associated with the disappearance of jobs in making candles or horse-drawn carriages should make us skeptical of the rhetoric of “saving jobs.”

Even with those flaws, the Administration’s accounting is still one-sided. What it doesn’t consider are the jobs lost due to the very policies that are “saving” jobs. Government can only spend what it takes from the private sector one way or another, either through taxation, borrowing, or the redistribution effects of inflation. For every dollar that government spends, there is one less dollar being spent somewhere else in the economy. The jobs that weren’t created because the private sector lacked access to capital due to increases in government borrowing should be offset against whatever jobs the stimulus supposedly is creating.

The problem, of course, is that what was never created cannot be seen and therefore cannot be counted. The French economist Frederic Bastiat once defined economics as the art of seeing the unseen. It may be true that we can “see” it by recognizing the unseen effects of policies, but if you can’t count what you can’t see, you’ll always lose out in the numbers game. The result is that estimates of the net employment effects of government programs will always be biased in favor of the program’s effectiveness. The inability to count what we can’t see should give us long and serious pause when reading about the jobs “created or saved” by the stimulus package.

Steven Horwitz is Charles A. Dana Professor of Economics at St. Lawrence University. His opinions do not necessarily reflect the views of Nightly Business Report. To learn more about Steven Horwitz, read his bio.

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Michael & Me: Michael Moore’s Anti-Greed Film To Be Subsidized by Michigan Taxpayers

The following is text from a new video released by the Mackinac Center for Public Policy, highlighting filmmaker Michael Moore’s initial criticisms of a film subsidy program in Michigan, for which he later applied:

Kathy Hoekstra, Mackinac Center for Public Policy

Kathy Hoekstra, Mackinac Center for Public Policy

In his 2009 film “Capitalism: A Love Story,” Michigan native Michael Moore went to Wall Street with a request to corporate officials whose companies received bailout money from the federal government.

“We’re here to get the money back for the American people,” Moore said in the film. “I’ve got more bags — $10 billion probably won’t fit in here.”

Moore was criticizing an economic system he calls “legalized greed,” but the Mackinac Center has discovered that Moore’s movie qualified for a windfall — at the expense of Michigan taxpayers.

That windfall would come from Michigan’s refundable tax credit program for the film industry, a program that allows movie producers to apply for a tax refund of up to 42 percent of their spending in Michigan. This lavish provision means a studio can easily receive more from Michigan taxpayers than it pays in Michigan taxes.

This initially seemed to trouble Moore, and he openly questioned the program at a forum in July 2008.

“These are large multinational corporations — Viacom, GE, Rupert Murdoch — that own these studios. Why do they need our money, from Michigan, from our taxpayers, when we’re already broke here?” Moore asked.

Moore posed this question to the Michigan Film Office director who determines which movies will qualify for the program. Moore went on: “I mean, they play one state against another, and so they get all this free cash when they’re making billions already in profits. What’s the thinking behind that?”

And as recently as September 2009, Moore told the Michigan Messenger that if the film incentive is “not good for Michigan, Michigan shouldn’t do it.”

But by this time, Moore had already been appointed to the Michigan Film Office Advisory Council. The council works with the film office in part to facilitate participation in the tax refund program.

Moore filmed part of “Capitalism: A Love Story” in Michigan. And the Mackinac Center has confirmed with the film office that a “production person” associated with Moore “applied, was approved for an incentive and … will receive credits” once the state treasury department reviews and approves the audited filing.

The film office did not disclose how much the resulting payment from the state would be; however, the film office director insisted that the incentive approval posed no conflict of interest with Moore’s seat on the film office advisory council.

Last September, Moore told the Michigan Messenger, “I am under pressure from the studio” to apply for the tax credit for “Capitalism: A Love Story.”

In November 2008, Moore declined an on-camera interview with the Mackinac Center to clarify his initial comments on the film incentive program.

When calls and e-mails to Moore and his production company about tax credits for “Capitalism” were not returned, a page from Moore’s own moviemaking playbook was tempting.

Instead, we spoke with Mackinac Center Fiscal Policy Director Michael LaFaive about Moore and the film incentive program.

“You cannot create jobs, you cannot enrich both Peter and Paul by robbing one of them,” LaFaive said. “And that’s what is occurring here. Mr. Moore should know better, since he so long has railed against this type of cronyism, these cozy relationships between government and the private sector.”

Michael Moore said in his film, “We want our money back.”
\”Michael & Me: A Mackinac Center Video\”

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Stimulus II: A Sequel America Can’t Afford

Once again, Dan Mitchell, for the Cato Institute has done an excellent job of exposing the failures of the 1st “stimulus” plan and the threat of another. Great job Dan and thanks for sending it on to us.

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Richard Epstein: The Reid Bill Is Blatantly Unconstitutional

By Andrew McCarthy at National Review Online on December 23, 2009 - better late than never!

andymccarthyAt PointOfLaw.com, the distinguished University of Chicago constitutional scholar Richard Epstein provides a painstaking, withering analysis of the healthcare legislation wending its way through the Senate. He concludes that it is clearly unconstitutional. The essay is lengthy and, in places, complex; but it is brilliantly done, accessible, and compelling. [Thanks to Roger Kimball and Glenn Reynolds.]

Most of the constitutional analyses I’ve read, such as this superb one by David Rivkin and Lee Casey, have focused on the limitations on Congress’s power — to wit, that the Commerce Clause does not vest Congress with the authority to coerce Americans to purchase health insurance as a condition of living in our country. Prof. Epstein’s focus is very different, and a heartening reminder for capitalists in the age of Obama. Drawing on the Bill of Rights protections against takings without just compensation and deprivation of property without due process of law, and on the Supreme Court’s rate-regulation jurisprudence, Epstein concludes that the Constitution assures that “any firm in a regulated market be allowed to recover a risk-adjusted competitive rate of return on its accumulated capital investment.” (Citing the Supreme Court’s decision in Duquesne Light Co. v. Barasch (1988)). Applying these principles, Epstein concludes:

The Reid Bill emphatically fails this test by imposing sharp limitations on the ability of health-insurance companies to raise fees or exclude coverage. Moreover, the Reid Bill forces on these regulated firms onerous new obligations that they will not be able to fund from their various revenue sources. The squeeze between the constricted revenue sources allowable under the Reid Bill and the extensive new legal obligations it imposes is likely to result in massive cash crunch that could drive the firms that serve the individual and small-group health-insurance markets into bankruptcy.

While the insurance companies have been utterly demonized by Democrats in this debate, the fact is that there is a competitive market for healthcare insurance. As Epstein explains, “to justify rate regulation” — which is titanic in the Senate bill — “there needs to be some evidence of the existence of monopoly.” As there is and can be no such evidence, there is no rationale for the bill’s pervasive rate regulation (and for the stifling price-controls that Epstein shows must inevitably result in delayed, reduced, and rationed services). If this bill were really about controlling costs — rather than controlling lives — Epstein observes that it would be a simple matter to repeal the federal law (the McCarran-Ferguson Act) that “authorizes state barriers to out-of-state competition. That one legislative fix should reduce prices and expand access, but not cost the federal government a dime.”

For what it’s worth, I think it would be worth having a vigorous constitutional argument about capitalism. A free society is only free because its people, rather than its government, are sovereign, and it only needs a Constitution to protect individual liberty from encroachment by the government. As Professor Epstein demonstrates, that is what our Constitution does. But this is the antithesis of President Obama’s vision of a new Constitution (or a new Bill of Rights) that proclaims what government must do for you rather than what it cannot do to you. Alas, as I’ve discussed before, while that sounds admirable it is monstrous, since government has nothing to give — it can do for one only by taking from another. If that is to be our system, we are no longer free.

Healthcare is not and has never been a “right.” Why are we so afraid to say that? When the other side says, “Healthcare is a right,” I want to say, “What healthcare? Abortion? Botox? ‘Preventive’ care?” What other “rights” do you have that I am required to pay for? A house? A job? A day at the beach? Since when? Only in Washington will those questions get you expelled from polite company. The American people are ready to have them asked and to have a real debate about them — not a 2000-page power-grab in the dark of the night before Christmas.

What you have a right to is no unreasonable government interference with your ability to purchase healthcare in a competitive market — i.e., a fair market in which government polices against fraud and does not skew the playing field by interfering unreasonably with providers and insurers. That’s a valuable right, and it has delivered the greatest healthcare system in human history. We are crazy to damage it more than we already have — and even crazier to allow it to be done on the pretexts the Obama Democrats are offering.

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Posted in Health Care, Limited Government, Socialized Medicine | Tagged , , , , , , | Leave a comment