Free Markets, Free People

Dale Franks

Dale Franks’ QandO posts

There oughtta be a law!

Those of us on the libertarian-ish end if things support, at the very least, a return of government size and scope to its constitutionally defined bounds. As part of that, the last thing we generally want is more Federal laws about most things. We’re supposed to support a more federal system, and decry most Federal pre-emption of state laws. But I’ve been thinking lately there there are a few Federal laws I’d like to see that do pre-empt local and state laws.

In several states, photographers and videographers have been arrested and charged under various wiretapping statutes for filming police officers and other public officials in public. Just yesterday, I wrote about a young woman who was prosecuted for surreptitiously making an audio recording of police officers who were urging her to drop an official complaint against another officer. Whether you are an elected official or a DMV clerk, your duties should be completely open to public audit—except for some rather obvious and narrow military or national security exemptions—and you should have no expectation of privacy in the performance of your duties. Anybody should be able to film  or record you at any time you are performing those duties.

There should be some system whereby any private citizen who has performed federal military or law enforcement service can obtain a federal concealed weapons permit that is valid in every place in the United States, irrespective of any state or local laws to the contrary. Those eligible should have completed at least one term of service with an honorable discharge or its equivalent, have no criminal record, and no history of mental illness.

There have been a troubling number of incidents where police officials have served warrants in the wrong locations, often late at night, resulting in armed confrontations with homeowners. Sometimes, the homeowner is shot and killed. Sometimes, as in the Corey Maye case, a police officer is shot and killed, and the homeowner faces a terrible legal ordeal. That’s just wrong. If the police serve a warrant at the wrong location, for any reason, they forfeit the right to charge the homeowner for any unfortunate gunplay that results. As the police are solely responsible for creating the situation, they should be solely responsible for the outcome, as well as any damages that might accrue from their mistake. This should include prosecution for animal cruelty for a police officer who commits puppycide during these raids. I hate it when they do that, and they seem to do it a lot.

You might notice that all my laws place burdens on the government, not the citizens. Maybe you could suggest some other liberty-friendly laws.

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Dale Franks
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Whatever happened to tar and feathers?

This is the story of 20 year-old Tiawanda Moore. It seems she was dissatisfied with a contact she’d had with a Chicago police officer.

Moore, of Hammond, Ind., was being interviewed at police headquarters about her complaint that a patrol officer had grabbed her breast and given her his phone number when he came to her boyfriend’s South Side apartment on a domestic disturbance call.

No doubt the officer, having Moore’s best interests in mind, thought he would be a much better boyfriend. Sadly, Moore took this concern for her well-being amiss, and decided to file a complaint against the officer. At police headquarters, the investigating officers—who similarly appeared to have only Moore’s best interests at heart—suggested an alternate method of dispute resolution, that is to say, to drop her complaint entirely, as they preferred not to conduct a formal investigation, which would, really, just be an inconvenience to everyone involved. At that time, Moore decided to record the remainder of the conversation.

On the muffled recording, which was played for the jury Tuesday, Internal Affairs Officer Luis Alejo can be heard explaining to Moore that if she dropped the complaint, they could “almost guarantee” that the harassment would not happen again. He also suggested that going that route might save her the time and aggravation of a full investigation.

Ah. You see, if she decided not to demand a formal investigation, the IA investigators could "almost guarantee" that the breast-grabbing officer would get the word to cool his jets. And, isn’t an "almost guarantee" good enough? Not for Moore, apparently, who decided to use her Blackberry to record the conversation, because she felt, for some incomprehensible reason, that the Chicago Police Department might be downplaying her complaint.

And that’s why this case is being heard by a jury, as the quote above indicates.

The officers, of course, are not being tried for corruption or dereliction of duty, of course. Tiawanda Moore is the defendant, on two counts of—I kid you not—eavesdropping on a public official. In response to questioning by Assistant State’s Attorney Mary Jo Murtaugh, Moore said:

“I was sure about what I wanted to do –I wanted him (the officer) to be at least fired from his job,” Moore testified. “I wanted justice, I wanted to be protected.”

But this is not the Chicago Way. The Chicago Way is to slap down hard any civilian peasant who presumes to record their politically-protected betters in a possible wrongdoing.

On the one hand, of course, we all know what the eventual result of an internal affairs investigation would be. The police would carefully investigate the police, and after due course would conclude that the police had done nothing wrong. And recording public officials without their knowledge when they are engaged in corrupt behavior might actually endanger their ability to engage in corruption.

On the other hand, all this could have been avoided by dropping her complaint in return for almost a guarantee that she won’t be bothered in the future.

But in Chicago, public officials, engaged in public duties on the public’s dime, have an expectation of privacy, and cannot be recorded without their consent. You, as a member of the public, can be recorded by the police at any time, with or without your consent, but you can never record them unless they graciously allow it.

The only possible reason for such a law, as far as I’m concerned, is to protect corrupt officials, and to prevent the public from exposing it.

We don’t drag public officials naked and screaming out of their offices to tar and feather them any more. Indeed, we can barely muster up the will to toss out incumbents who vote for such laws. But in a just world, , the Illinos Legislature, Internal Affairs Officer Luis Alejo and Assistant State’s Attorney Mary Jo Murtaugh would, even now, be sporting the sleek plumage of an Albatross from the Exxon Valdez.

UPDATE: A commenter informs me the jury appears to have done the right thing and acquitted Moore. Still, none of the other players are sporting a heavy layer of fine down, so the glass is only half full.

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Dale Franks
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The burdens of voluntary association

Since the passage of the public employee union reforms in Wisconsin the past year, things have changed for the public unions. They have to recertify by member vote every year, and they can no longer collect dues directly from members’ paychecks. The response of one union has now been to decertify itself, as reported by Inside Higher Ed.

The Teaching Assistants’ Association at the University of Wisconsin at Madison dates to 1966. In 1970, following a four-week strike, the graduate students at Madison became the first T.A. union to win a contract. Over the years, the union — affiliated with the American Federation of Teachers — has been a leader in the drive to promote collective bargaining for graduate student workers.

Last week, after hours of debate, the union’s members voted not to seek state certification to continue to act as a collective bargaining agent…

Union leaders said that they couldn’t function well if they had to effectively be in a perpetual organizing drive for the annual union votes, and also if they had to pay annual fees to be certified…

Seeking certification year after year, [Adrienne Pagac, co-president of the union,] said, "would have meant diverting resources and neglecting all of the other things we do for members – representing them at the work site, being advocates for them, engaging our community." Pagac added that "being a union member is not just about sitting across the table from management and hammering out a contract. It’s about democracy in the workplace.”

…The union faces challenges as it adjusts to the limits imposed by the state law. Under the old contract, union dues were automatically deducted from the paychecks of the 2,700-2,800 graduate teaching assistants at Madison. Now the Teaching Assistants’ Association must seek dues from members by itself.

Quite apart from the idea that the workplace is a fairly inopportune place for "democracy"—at least if the cold wind echoing hollowly through the empty streets of Detroit is any indication—it clearly isn’t about democracy. If it was about democracy, then an annual recertification vote would be viewed as a plus, not an obstacle. I mean, regular elections are something we associate with democracy, as I understand it. The practice in the past was to have the certification vote taken once, after which the union is perpetually certified. That’s nothing more than a version of "one man, one vote, one time" that we associate with various "democratic" revolutions in the Third World. But for this union, at least, having democracy in the workplace by holding a certification vote every year is too much of a burden.

No, this has almost nothing to do about democracy in the workplace and everything about the gravy train pulling into the station at the end of the line. It was a great gig while it lasted. As soon as you could get a majority of employees to certify your organization, you were certified forever.  The state collected your dues money without fail every paycheck, and if any of the employees ever got dissatisfied, you had the resources to slap them down.

Now, all of the sudden, you have to convince the rank and file to send you their dues payments voluntarily. And every year, you have to convince them to voluntarily recertify you. The rank and file now have both purse power and democratic power to punish you, rather than the reverse. It seems that a voluntary association is inconvenient. You have to make members happy. Listen to them. Perhaps, even, respond to their concerns in a timely and effective manner. Voluntary association imposes a web of mutual obligation, unlike a top-down command system.

Now, the union just isn’t as fun. And it isn’t certified any more, either.

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Dale Franks
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Observations: The QandO Podcast for 21 Aug 11

In this podcast, Bruce and Dale discuss Rick perry, the Obama jobs plan, and much more.

The direct link to the podcast can be found here.

Observations

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No hyperinflation yet

One of the key worries about the Federal Reserve’s policy of Quantitative Easing has been the fear that it would result in hyperinflation at some point. But, Mike Shedlock, writing at Business Insider, asserts that inflation is not what we should be fearing: deflation is. Despite his rather self-centered, Ooh-look-what-a-cool-boy-I-am writing style, he makes an excellent point, and provides some valuable insight.

Shedlock actually has a rather different definition of inflation and deflation than most do, as he doesn’t concentrate primarily on the money supply or price levels, but rather the state of credit markets.

Inflation
Inflation is a net increase in money supply and credit, with credit marked-to-market.

Deflation
Deflation is a net decrease in money supply and credit, with credit marked-to-market.

Hyperinflation
Complete loss of faith in currency.

The first two definitions have nothing to do with prices per se, the third does (by implication of currency becoming worthless).

To determine whether we are currently experiencing inflation or deflation, he uses the following criterion:

Symptoms of Deflation

  1. Falling Credit Marked-to-Market
  2. Falling Treasury Yields
  3. Falling Home Prices
  4. Rising Corporate Bond Yields
  5. Rising Dollar
  6. Falling Commodity Prices
  7. Falling Consumer Prices
  8. Rising Unemployment
  9. Negative GDP
  10. Falling Stock Market
  11. Spiking Base Money Supply
  12. Banks Hoarding Cash
  13. Rising Savings Rate
  14. Purchasing Power of Gold Rises
  15. Rising Number of Bank Failures

He then goes through all 15 criteria and shows fairly persuasively that—according to his definition, at least—we are in the middle of a credit-led deflation, despite the fact that consumer prices are rising. certainly, asset prices are declining.

Which, I think just means we’re having stagflation, if today’s CPI numbers are to be beleived.

In any event, as I’ve been saying since 2008, the danger of our policy mix is not inflation in the short-term, but rather a recreation of the Japanese response to the currency crisis/deflation of 1992 that brought about the "Lost Decade". We’ve actually doubled down on the Japanese policy, and are experiencing the same economic result.

So, businesses and consumers are holding tight to their wallets, adjusting their balance sheets…and waiting.  Yes, there’s tons of cash sitting in banks right now that isn’t going anywhere, and as long as banks have a shortage of credit-worthy customers seeking loans, all of that cash is gonna keep sitting there are excess reserves.

Meanwhile, the one thing that has kept the dollar buoyed as the world’s reserve currency is that there’s really nowhere else to go. As attractive as the Euro might have seemed a couple of years ago, there’s a real chance that the Euro is on it’s way out, except perhaps as the joint currency of France and Germany.

What I would point out, though, is that Shedlock’s definition of hyperinflation is a state that exists as a result of a psychological event, not the result of something one can forecast via some predictive empirical  measurement. That’s unsettling, because you can never quite predict when a psychological breaking point in public trust is reached. No matter how deflationary credit might be at the moment, if we begin seeing a serious, sustained rise in price levels for consumer goods, I’d be a little worried. A steep fall of the dollar’s price in the FOREX market would be worrisome, too. If hyperinflation is the result of a psychological shock disconnected with any sort of statistical measurement, then I’d be careful finding too much comfort in statistics.

The numbers say that deflation is our biggest problem right now, though, and I’d say that’s generally right. If the economy picks up and those excess reserves begin to flow into the hands of consumers though, I’d be looking very hard at the Fed as the velocity of money picks up, to see how they plan to sterilize the excessive growth in the monetary base they’ve created.

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Dale Franks
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The economic miracle of food stamps

Secretary of Agriculture Tom Vilsack is excited. He’s bullish on jobs. The reason is because the Administration has a fantastic job creation program already in place: Food Stamps. You see, 1 in 7 Americans are now on food stamps. And this triumph of the  American economy means more jobs for everyone. Having 14% of Americans receiving food stamps, you see, is an Administration economic success story!

Well, obviously, it’s putting people to work. Which is why we’re going to have some interesting things in the course of the forum this morning. Later this morning, we’re going have a press conference with Secretary Mavis and Secretary Chu to announce something that’s never happened in this country — something that we think is exciting in terms of job growth. I should point out, when you talk about the SNAP program or the foot stamp program, you have to recognize that it’s also an economic stimulus. Every dollar of SNAP benefits generates $1.84 in the economy in terms of economic activity. If people are able to buy a little more in the grocery store, someone has to stock it, package it, shelve it, process it, ship it. All of those are jobs. It’s the most direct stimulus you can get in the economy during these tough times.

Here’s the video of Sec. Vilsack’s exciting statement:

Why, I now wish I was on food stamps. Then every dollar I spent would add $1.84 to the economy. Unlike now.

I mean, sure if I was some sort of racist doubter, I might wonder why, as food stamp use has increased over the past couple of years, GDP growth has declined or been very anemic. I might wonder why, if I was cynical and racist, huge increases in unemployment and millions added to the food stamp rolls were formerly a sign of economic failure, not a jobs program to be touted.

But I’ve learned so much in the past day! I’ve learned that increasingly large rolls of unemployment recipients, and an increasingly large population of food stamp recipients grow the economy and create jobs. I’ve learned that these are signs of success rather than failure. I’ve learned that if every American was on Food Stamps, we’d grow the economy by 84%. I’ve learned we have always been at war with Eastasia.

Learning is fun.

I now hate all of you who use your un-American paychecks to by food with your un-American earnings, instead of helping the economy out by getting food stamps. Now I know you hate America. And freedom.

By the way, I’ve started picking up these odd radio signals  from somewhere in the vicinity of Fomalhaut B. I just thought somebody should know about that…Maybe give Krugman a call.

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Dale Franks
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More on those Texas jobs

In addition to what Bruce wrote below, I’d like to point you to Political Math’s analysis of Texas’ job performance. In this analysis, he takes the criticisms we’ve been hearing for the last two days and refutes them, point by point, using actual BLS statistical data. It’s a great job of analysis, with, like, charts, and stuff. They key takeaway:

My advice to anti-Perry advocates is this: Give up talking about Texas jobs. Texas is an incredible outlier among the states when it comes to jobs. Not only are they creating them, they’re creating ones with higher wages.

And he has the actual statistical work to back that claim up. For instance, here are two of the charts he presents, that I have superimposed to create a single chart showing the employment level in the US, compared to Texas. It’s most instructive:

TX vs US Unemployment

This single chart says a whole lot.

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Dale Franks
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California’s Amazon tax has been successful…

…In encouraging Internet entrepreneurs to leave California. Who saw that coming? Besides, you know, everyone outside of Sacramento.

Last month, news broke of one California-based online entrepreneur who had decided to ditch California and move to Nevada in the aftermath of Gov. Jerry Brown signing the law.  ”I always figured that in California, home to Silicon Valley and a million tech startups, they’d never pass a law like this,” said Nick Loper, who formerly operated ShoesRUs and has now opened a new venture, ShoeSniper.

Per the piece in which Loper is quoted, more than 70 affiliates had at that stage already left California, according to online businesses.

Then, last Thursday, another online entrepreneur, Erica Douglass, posted a mock “It’s Over” letter to California on her blog. Douglass, who sold an internet company she had built for $1.1 million in 2007 when she was just 26, cited multiple reasons for moving to Austin.  Among them were unnecessary paperwork requirements mandated by the state, and high taxes as well as business fees.  However, the straw that broke the camel’s back, was according to Portfolio, Brown signing the Amazon Tax into law.

Apparently, the thinking was that Amazon would never halt its California affiliate program—though they’ve done so in every state that’s passed a similar law—and, Lord, the money, it would start rolling in! And even if Amazon did close down the California affiliate programs, why, the affiliates would simply switch to other affiliate programs, and the state would still get it’s money. It was a win-win for everyone.

Well, Sacramento was right about one thing: The affiliates are switching. To other states.

To be fair, it was slightly more realistic than Sacramento’s other plan, which was that flying unicorns would swoop in to sprinkle magic pixie dust on the state’s economy. Sadly, that plan was tabled in the Assembly’s budget committee. At least if they’d gone with that, I’d still be able to make a little spending money off Amazon.

Is it just me, or is the Tree of Liberty looking a little…parched?

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