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Archives for Joe Martin (page 55 / 86)

The "bank tax" is unconstitutional and illegal

I listen to the President's Weekly Radio Address every week. It's usually a painful process, since I almost always disagree with the President. (That's been true for both President Bush and President Obama, in case you're wondering.)

Last week's address was particularly painful. It was almost scary to listen to. The President spoke quite passionately about his desire to tax big banks to pay for the assistance they've received over the past 2 years. This is part of what he had to say (emphasis added by me).

Much of the turmoil of this recession was caused by the irresponsibility of banks and financial institutions on Wall Street. These financial firms took huge, reckless risks in pursuit of short-term profits and soaring bonuses. They gambled with borrowed money, without enough oversight or regard for the consequences. And when they lost, they lost big. Little more than a year ago, many of the largest and oldest financial firms in the world teetered on the brink of collapse, overwhelmed by the consequences of their irresponsible decisions. This financial crisis nearly pulled the entire economy into a second Great Depression.

As a result, the American people - struggling in their own right - were placed in a deeply unfair and unsatisfying position. Even though these financial firms were largely facing a crisis of their own creation, their failure could have led to an even greater calamity for the country. That is why the previous administration started a program - the Troubled Asset Relief Program, or TARP - to provide these financial institutions with funds to survive the turmoil they helped unleash. It was a distasteful but necessary thing to do.

Many originally feared that most of the $700 billion in TARP money would be lost. But when my administration came into office, we put in place rigorous rules for accountability and transparency, which cut the cost of the bailout dramatically. We have now recovered most of the money we provided to the banks. That's good news, but as far as I'm concerned, it's not good enough. We want the taxpayers' money back, and we're going to collect every dime.

That is why, this week, I proposed a new fee on major financial firms to compensate the American people for the extraordinary assistance they provided to the financial industry. And the fee would be in place until the American taxpayer is made whole.

Reading the President's address now, it sounds bland and reasonable. But listening to it was a different experience. The President sounded angry and distinctly sounded like he wanted to punish the banks for ever daring to make trouble. He sounded like what he really wanted was to make the banks pay for the entire cost of the stimulus bill. I was deeply disturbed, as I listened to the speech, to the hear the President so angrily attacking and villianizing a specific industry.

Here's the thing. Not all of the banks that received government help wanted government help. Some of them were strong-armed into accepting the help. The President's new "fee" doesn't account for that. Nor does it account for the fact that not all large banks even received help. Nor does it account for the fact that some banks were healthy throughout the crisis and had no rule in causing the crisis. No, the President's "fee" taxes all banks equally, just for the sin of being big.

As I listened to the speech, I wondered if the plan was even Constitutional. As I said, it sounded like he really wanted to lay into the banking industry, to punish it. And the Constitution specifically forbids a "bill of attainder". What's that? It's when Congress passes a bill declaring someone guilty of a crime -- and punishing them -- without giving that person the benefit of a trial. And the President's language and tone sounded dangerously close to someone who wants to declare the entire banking industry guilty of "crimes against America" and then punish them.

It turns out, that I'm not the only person to think this is un-Constitutional. John Carney writes in The Business Insider Law Review that he's recently concluded that the proposed bank tax is an illegal bill of attainder.

Read his full piece for a much better explanation of the concept of a "bill of attainder", as well as some great examples. Here is his conclusion.

The Financial Crisis Responsibility Fee is unconstitutional on its face. It is as if the Obama administration had urged a tax called "The Fee That Violates Nonattainder Principles." Assigning responsibility after the matter and levying penalties is reserved for the judicial branch that is restricted to using already existing laws and treating similarly situated people equally. The Obama administration wants to assign responsibility for the financial crisis and levy a fee, while exempting its favored automakers. This is exactly the sort of thing the Attainder Clause was put in place to prevent.

Making your flex spending account a little less useful

"Let me be clear. If you like the health plan you have, you can keep it." President Obama has made this claim multiple times about healthcare reform. But it's simply not true. Let me offer one small example.

My wife and I enjoy our Flex Spending Account. We put in enough money each year to cover the various drugs we'll need to buy (both prescription and non-prescription), a new pair of glasses, and money to cover any other medical expenses we anticipate. Next year, I'm planning on putting in an extra $4000 for corrective laser eye surgery, so that I can finally stop wearing glasses. We like the plan we have.

Well, under the Senate healthcare bill, we'll no longer have that plan.

Both the House and Senate bills include a change in the definition of a “qualified medical expense” that impacts reimbursements and withdrawals under all types of health care accounts (i.e., FSAs, HRAs, HSAs, and Archer MSAs). As of 2011, expenses incurred for over-the-counter (OTC) medications and products will no longer be eligible for payment or reimbursement from any of the health care accounts. The House bill definition appears to apply to all OTC medications. However, the Senate bill would still allow OTC medicines obtained with a prescription and insulin to be reimbursed or paid tax-free from the health care accounts.

The most significant change likely to be enacted is an annual limit on contributions made by employees to flexible spending arrangements (FSAs) for health care. Both the House and Senate versions of health reform legislation would limit contributions to no more than $2,500 annually. The limit would be indexed to inflation for future years. Under the House bill, these changes would not take effect until 2013. In the Senate bill, these changes would take effect in 2011.

If the current "reform" bills, I wouldn't be able to buy OTC drugs -- Sudafed, Mucinex, ibuprofen, Tylenol -- tax free. If the "reform" bills pass, I wouldn't be able to save tax free for corrective eye surgery. I would no longer have the plan I like.

It's just one more broken promise from a president that's building quite a pile of them. Apparently, "yes we can" act just like any other politician.

Why are voters angry about President Obama's spending?

President George W. Bush was the biggest spending U.S. President since President Lyndon Baines Johnson. He "he presided over an 83-percent increase in overall federal spending, which includes defense, domestic, entitlements, and interest. Even without TARP and Fannie/Freddie, spending was up a huge 70 percent under Bush over eight years. By contrast, total spending under eight years of President Clinton increased just 32 percent."

Voters were justifiably angry about this massive increase in government largesse. In reaction, they threw out the sitting political party and vote en-masse for the candidate who promised a return to responsibility, a turn away from reckless credit card fiscal policies and a return to fiscal discipline. Voters wanted government spending reined in and they were determined to get it. Both the 2006 Congressional elections and the 2008 Presidential election were about spending, to some degree.

So why are voters now so angry at President Barack Obama? Surely they don't blame him for the high levels of government spending? Well, why shouldn't they? Since taking office in January, 2009, he's proposed massive amounts of new spending: a stimulus bill, a cap and trade energy bill, a massive expansion of healthcare, a "cash for clunkers" stimulus, a housing stimulus, and more. For voters weary of out of control spending, the Obama administration's first year has looked remarkably like a left turn into an all-you-can-eat spending buffet.

But don't believe me. Believe the Congressional Budget Office and the Washington Post, who put together this informative little graphic.

The Bush Deficits vs the Obama Deficits

Note the $400 billion line, that President Bush's deficits barely managed to creep over. Note that President Obama's deficits aren't projected to get anywhere near this low a level over the next 10 years.

With all of the voter anger about President Bush's deficit spending, why shouldn't the voters be angry about President Obama's much higher levels of spending? Voters don't need to have a short-term memory to be first angry about President Bush's spending and then angry about President Obama's spending. They just need wide open eyes. Apparently, it's President Obama and Congressional Democrats that have the short memory.

The problem of government incentives

White House Seeks CEOs' Help - WSJ.com:

Mr. Gould said the group would talk about inspiring top performance from government employees. Then he explained that this inspiration would have to be done without much in the way of financial bonuses, threats of firing or promotions that leapfrogged the normal civil-service rules.

What's left, exactly? Inspiring speeches? I don't see that doing much to inspire a career bureaucrat in a secure job to suddenly do something new and disruptive.

This entry was tagged. Government Incentives

Al Mohler on the Amazon Kindle

Do not think of the Kindle as replacing the book. Bury that thought. Bury it deep. Then go and hold a favorite book in your hand. Enjoy. Then pile 50 of your favorite books and carry them with you all day, through airports, onto airplanes, checking into hotels, sitting in meetings, reading in bed at night. You get the point. You sit (gloriously) in a library. You take a Kindle in your briefcase.

Well said, sir. Well said.

This entry was tagged. Kindle Quote

Senate Bill Will Increase Healthcare Premiums

At the request of BlueCross BlueShield, Oliver Wyman did a study of the Senate health care bill. Unsurprisingly, this study estimates that the bill will cost consumers quite a bit more than the CBO estimated.

John Goodman summarized the findings this way:

Premiums for individuals and families purchasing coverage on their own will go up 54%. Premiums for small businesses will go up 20%. Both numbers are over 5 years and both numbers exclude the impact of medical inflation.

I skimmed through the study and it looks pretty interesting. The study points out that reform won't work unless everyone is forced to purchase insurance.

The key implication of our analysis is simple: For these types of insurance reforms to be successful and sustainable, it is imperative to get broad participation. Young and healthy people need to be part of the insurance pool, and people cannot defer buying insurance until they are sick or at high risk. This is true no matter who is paying the premiums--individuals, employers, or the government.

The study then goes on to indicate that the current bill likely will allow people to free-ride, with bad results. They're basing their conclusions on several states' experiments with healthcare reform.

  • New York and Vermont: Average premiums in the individual market today are about 60% higher than the national average

  • New Jersey: Reform caused much higher premiums forcing thousands of individuals to drop coverage. The individual market decreased from 157,000 people in 1993 to 88,000 in 2007

  • Maine: Individual market enrollment in Maine dropped from 90,000 to 41,000 between 1993 and 2007 following the state's reforms.

Even in Massachusetts, there is evidence that individuals are selectively jumping in and out of the market when they need healthcare. Data from health insurers in Massachusetts indicate that the number of peopl ein the individual market with coverage of less than 12 months has doubled post reform. These individuals have a significantly higher claims to premium ration when compared to those who had coverage for more than 12 months but let it lapse or those that are active.

Without strong penalties, similar types of behavior are likely to emerge in the reformed individual market--resulting in significantly higher premiums for the insured.

This is one of the reasons why I believe that the "reform" bills will just make American healthcare worse than it already is.

Political and Economic Wrangling Over the Pentateuch

It wouldn't surprise me a bit to learn that Adam already knows about this theory. But it was news to me and fairly fascinating to boot.

I just finished Richard Friedman's Who Wrote the Bible? It's a classic popularization of the Documentary Hypothesis, which claims that the Pentateuch (the first five books of the Bible) is actually a medley of four earlier sources called J (the Yahwist), E (the Elohist), D (the Deuteronomist), and P (the Priestly source). Friedman's survey of two centuries of Biblical detective work is quite fascinating. What truly shocked me, however, was learning that a bunch of liberal theologians converged on a vulgar Public Choice theory of the evolution of their most sacred book.

Friedman begins by explaining that J and E are the earliest sources. The most obvious difference between the two is that J always calls God "Yahweh," while E initially calls him "Elohim." But it's the non-obvious differences that are telling. He presents strong evidence that the author of J came from Judah, the southern Jewish kingdom, while the author of E came from Israel, the northern Jewish kingdom. J elevates Aaron and slights Moses; E does the opposite.

What's going on? Friedman explains that these two countries had conflicting religious establishments. Those in the north - or at least a major faction - were Mushite (claiming descent from Moses); those in the south were Aaronite (claiming descent from Aaron). Through this lens, J and E turn out to be thinly-veiled bids for money and power. Here's one example of how E tries to push Mushite interests:

Recall that the [Mushite] priests of Shiloh suffered the loss of their place in the priestly hierarchy under King Solomon. Their chief... was expelled from Jerusalem. The other chief priest... who was regarded as a descendant of Aaron, meanwhile remained in power... The Shiloh prophet Ahijah instigated the northern tribes' secession, and he designated Jeroboam as the northern king. The Shiloh priests' hopes for the new kingdom, however, were frustrated when Jeroboam established the golden calf religious centers at Dan and Beth-El, and he did not appoint them as priests there. For this old family of priests, what should have been a time of liberation had been turned into a religious betrayal. The symbol of their exclusion in Israel was the golden calves. The symbol of their exclusion in Judah was Aaron. Someone from that family, the author of E, wrote a story that said that soon after the Israelites' liberation from slavery, they committed heresy. What was the heresy? They worshipped a golden calf! Who made the golden calf? Aaron! [emphasis original]

--The Public Choice of the Ancient Hebrews, Bryan Caplan

You may want to click through to EconLog to read the rest of Bryan's summarization. It's all fascinating.

16 Years and what do you get? The first vote against the mayor!

Yesterday, I linked to an op-ed that said Sarah Palin was remarkable for bucking her political patron over a garbage hauling vote. How remarkable was she? Well, let's just say that that kind of thing rarely happens in Chicago.

For the first time since Mayor Richard M. Daley appointed him to the City Council seven years ago, Alderman Thomas Tunney (44th Ward) voted against the mayor's $6.1 billion budget proposal.

Alderman Thomas Allen (38th), below, a Council member since 1993, also voted against Mr. Daley's budget for the first time.

For my money, President Obama is at least as vapid as Sarah Palin has been portrayed to be. But given a choice between the pol who voted against her patron the first time and a pol who comes out of the Chicago tradition -- I'll take Palin.

(Which, of course, says nothing about whom I'd vote for if my choices included more than just President Obama and Sarah Palin.)

A Good Husband's Guide

Men and women are always arguing over who has the tougher role to play. Obviously, it's the other gender.

Leanne Bell offers an interesting take, called the Good Husband's Guide. Refreshingly, she takes the men's side of the argument.

In May of 1955, a magazine called Housekeeping Monthly ran a short point-form article called "The Good Wife's Guide." The article is unaccredited, but I am sure that like many other articles written in 1950's women's magazine, it was probably written by a woman. This article was sent around by email to all the workstations in my office, and probably visited many other inboxes around the world as well.

  • Have dinner ready. Plan ahead, even the night before, to have a delicious meal ready, on time for his return. This is a way of letting him know that you have been thinking about him and are concerned about his needs. Most men are hungry when they come home and the prospect of a good meal (especially his favourite dish) is part of the warm welcome needed.

  • Prepare yourself. Take fifteen minutes to rest so you'll be refreshed when he arrives. Touch up your make up, put a ribbon in your hair and be fresh-looking. He has just been with a lot of work-weary people.

  • Be a little gay and a little more interesting for him. His boring day may need a lift and one of your duties is to provide it.

  • Clear away the clutter. Make one last trip through the main part of the house just before your husband arrives.

  • Over the cooler months of the year you should prepare and light a fire for him to unwind by. Your husband will feel he has reached a haven of rest and order, and it will give you a lift too. After all, catering to his personal comfort will provide you with immense personal satisfaction.

There's more.

Now, most modern men would say that such a guide is sexist and demeaning to women. Asked privately, perhaps after a few beers and promises of confidentiality, most men would also say that such a home sounds darn appealing. And, it is. Mostly because we're not the ones working to make it.

But men aren't the only ones guilty of looking to enjoy the good life. Ms. Bell happily recognizes that and presents the opposite guide. The Good Husband's Guide.

  • Always make getting and keeping a full-time job with regular raises, benefits, bonuses and the potential for prestigious advancement your number one priority in life. Remember always that you have a wife and children who need your financial support, and that it is your responsibility to provide for them to the best of your ability.

  • Always arrive home refreshed and happy - put your bad day or your confrontation with your boss, the traffic, the crowds or the physical exhaustion you might feel aside and try to arrive home as cheery and lighthearted as you possibly can. Your wife has been struggling with the children and the housework all day, she does not need to hear about how bad your day was.

  • Be prepared to help with household chores when you get home - let your wife relax or talk on the phone since she has been dealing with these problems all day. Make supper for her often, and offer to clean up afterwards so that she may rest and feel appreciated.

  • Do not bore your wife with stories of the troubles you faced at work today. Remember that you are lucky to have a job and that many other men would be happy to trade places with you. Remember that it is not masculine to complain or let worries trouble you. Your job is to provide, and whatever you must go through to achieve this is part of your lot in life. A good husband knows that he is lucky to have a wife at all, and that a woman wants a strong, silent man she can depend on.

There's more of that too. Note how normal it all sounds? What husband hasn't heard his wife, or his wife's friends, express similar sentiments?

Let's leave that thought there and turn to Matt Patterson for a moment: Men, the Gender Wars Are Over -- We Won.

Men, our long twilight struggle with the opposite sex is over. Our victory is total.

Can you believe the way things used to be? Remember when our fathers and grandfathers would drag themselves to mind-numbing jobs every day, having the sole responsibility for the feeding, clothing, and housing of their entire family?

And things were no easier before marriage, when men's quest for sexual satisfaction was all too often hampered by the widespread moral code which taught women not to give out the "milk" for "free."

Well, that state of affairs just wouldn't do. So we men came together and did what we do best -- formulate and implement a plan. First step, design the perfect world, the perfect male world. We decided such a world would consist of two things: less responsibility and more -- and no-strings -- sex.

Brothers, have we succeeded.

The amazing thing, really, is how easy it was, how fast the old world of obligation and responsibility dissolved. The first, crucial step, of course, was convincing women that they had it bad, that our jobs were "intellectually stimulating" and not the soul-crushing monotony that they in fact were.

There's more of that too.

What's my point? Well, I was entertained by both Leanne and Matt. And both reinforced my personal opinion: "life is pain" and the grass is the same shade of green on both sides of the fence. We're just capable of deluding ourselves into believing that it's less rote, less monotonous, and more stimulating on the other side.

That's it, really. I'm not sure I have a broader point to make here. Except, you know, thank your spouse for handling whatever crap that they go through each day.

Sarah Palin in Wasilla

I admit. I'm still intrigued by Sarah Palin. I'm not convinced that she's the blithering idiot that so many of my peers see. Nor am I convinced that she's the great conservative / libertarian hope that many others see. But I'm definitely intrigued by anyone who can attract as much attention as she has attracted.

That's why this op-ed caught my interest: Palin in Wasilla: Resistance to insider assimilation.

Early in the second chapter of "Going Rogue," a chapter titled "Kitchen-Table Politics," you learn everything you need to know to understand why [Palin is so hated].

... Recruited to run for the council in 1992 by local power broker Nick Carney, Palin was seen as an attractive face who would support the usual way of doing business in Wasilla. She wasn't.

In one of the first tests of her independence, Palin opposed a proposal touted by Carney, her political patron, to force residents to pay for neighborhood trash pickup rather than hauling their garbage to the dump themselves, as most did, and as Palin says she still does.

Why was this so important to Carney? Because he owned the local garbage truck company. If you've never had much exposure to local politics -- and this is largely true anywhere you go -- it's a pretty big deal for a young, inexperienced politician (especially a woman) to so blatantly go against the person who recruited you into politics and supported you in your first campaign. You come under tremendous pressure to fall into line. Most cave, right then and there, long before they ever sniff politics at a higher level.

Palin didn't.

During her terms on the council, she consistently opposed heavy-handed community planning initiatives and burdensome taxes.

... Among Palin-haters, one of the most popular canards is that she is an airhead, and clearly not capable of dealing with the intricacies of government. As this chapter demonstrates, nothing could be further from the truth.

Palin not only has a keen grasp of the details of governing and budgeting, she also understands the political difficulties inherent in making government responsive. Many of her antagonists at the national level scoffed at the notion that her experience in Wasilla was of any value. Quite the contrary, local government is where a public official's decisions have the most direct impact on the electorate. It's where you really have to understand the ins and outs of what you're doing.

Interesting, no? And, yes, I am planning on reading Going Rogue. I'll pick it up sometime after the Kindle edition comes out.

Re: Fort Hood's Shootings (Joe's Take)

I believe this post finishes our site's libertarian conversion. We now occupy the same portion of the libertarian spectrum that LewRockwell.com occupies.

I don't like America's wars of aggression. The problem, as I see it, is that it can be hard to tell the difference between a war of aggression and a good preemptive defense. For instance, I'm still not convinced that going into Iraq was the right thing to do. I'm not sure what risk we were defending ourselves against.

On the other hand, Afghanistan was a necessary war. You give safe harbor to people who blow up part of a city, you die. It's just that simple. But I think that we should have left a while ago. I'm not sure that we're accomplishing anything worthwhile by propping up a corrupt Karzai government. I know about the fear that that terrorists will get Pakistani nukes and attack us with those. But I'm not sure how likely that scenario is or how fragile Pakistan's own government is. So I'm not sure if what we're doing is preemptive defense against a nuclear scenario or whether we're engaging in blatant imperialism for no good return.

But I am grateful for those who do decide to join the military and protect our borders. I respect their loyalty, their sense of honor, and their dedication. I don't always agree with their mission but I know that I'm not qualified to judge how necessary each mission is. As a result, I do sympathize with them and with their families. For this attack, especially.

The Army, for its own inscrutable reasons decided that stateside military bases should be gun-free zones. That strikes me as absolute lunacy. Had someone removed this nut months ago when it became apparent that he was a nut, soldiers would be alive today. Had someone decided to allow our soldiers to carry the guns that they were trained to carry, more of them would be alive today.

I have a lot of sympathy for people who are hamstrung and betrayed by their own leadership. Incidents like this raise a lot of questions about whether a bureaucratized military is the best way to protect a country. I'm not sure that it is. The institutional Army protects its turf quite fiercely, even when that turf isn't worth protecting. Instead, I'd like to see us get back to the old way of doing things: no standing army and a fully armed citizenry that stands ready to form an ad-hoc army as conditions warrant.

Michael Z. Williamson envisioned a heavily armed libertarian society in his book Freehold. I rather like it. And I can think a large portion of our current military would like it too. I don't think they're in the military because they're thugs. I think they're in the military because it's the only institution we have that will allow them to arm up and stand on the borders, protecting those within. Getting called upon to engage in dubious ventures is an unfortunate cost of being a protector. And that's why I sympathize with them.

And, just for the record, I think this LewRockwell.com post is more than a little nuts itself.

Your pets are killing Mother Earth

It turns out that my two-car lifestyle with no pets is just as "sustainable" as the no-car plus pets lifestyle. Cool.

From The Dominion Post of New Zealand:

The eco-pawprint of a pet dog is twice that of a 4.6-litre Land Cruiser driven 10,000 kilometres a year, researchers have found.

Victoria University professors Brenda and Robert Vale, architects who specialise in sustainable living, say pet owners should swap cats and dogs for creatures they can eat, such as chickens or rabbits, in their provocative new book Time to Eat the Dog: The real guide to sustainable living.

(FPOD* -- By: Mark Steyn via The Corner on National Review Online.)

This entry was tagged. Research

October Site Updates

And a good Saturday evening to all of you. While Adam is busy churning out the interesting and (I hope) controversial content, I've been lying lazily about. But I did manage to bestir myself long enough to make a few updates to the site. Those of you reading by RSS through Google Reader may want to pay attention to at least one of these updates.

  1. For the past few months, Google Reader has been refusing to show the full text of articles in the RSS feed. To solve that annoyance, I've changed the feed address. The old one will still work, but it won't show the full text. To view the full text, you'll want to unsubscribe from our site and re-subscribe to the new address http://feeds.feedburner.com/MinorThoughts.

  2. You know how some sites have that cool feature that lets you get notified by email when a new comment is added to a post that you commented on? Now we have that too. We also added threaded comments a little bit ago, so our comments are now twice as snazzy as they were at this time last year.

  3. And, by popular request (all one of them), we've added the name of the post's author to the top of the post. Now you can know what to expect before you start reading the article. True, this does ruin the element of surprise. But it might help you avoid mental whiplash when I finally come out of hiding and post something new.

Now, in case I don't see you, Good Afternoon, Good Evening, and Good Night!

This entry was not tagged.

Can we do what we "ought" to do?

I just read a pretty good essay over at The Freeman, discussing the difference between what we can do and what we ought to do. Too often, people talk about what we ought to do before even considering if we can do it. The essay, appropriately enough is Ought Implies Can.

There are two parts I particularly liked. The first was on the problem of imperfect knowledge.

The economist David Prychitko once defined economics as “the art of putting parameters on our utopias.” And in a particularly insightful definition, Nobel laureate F. A. Hayek wrote that “The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design.” What both definitions suggest is that economics deals with the realm of the possible and in doing so demarcates the limits to what should be imaginable.

The author points out that this practice makes economists unpopular.

Economists are thus often seen as only knocking down the ideas of others without coming up with solutions of their own. There is some truth to this claim. That is how economists spend much of their time. But it’s an important function: showing why a proposed solution would only make matters worse is a valuable contribution to the broader process of solving the problem.

So, before you tell me that we ought to do it -- healthcare reform, for instance -- you first need to demonstrate that we can do it. Preferably in some level of detail.

This entry was tagged. Hayek Knowledge Quote

Health care is not a human right

This morning I saw a new Facebook poll: "Is Health Care a Human Right?". I voted no.

Do you have a right to health care? Yes. And no. My answer ultimately depends on what you mean by a "right" to health care.

Rights come in two varieties: negative and positive. A negative right can be thought of as the right to be left alone. It's the right to do something without the fear that someone else will restrain you. A positive right can be thought of as the right to be served. While a negative right requires only that someone leave you in peace, a positive right requires that someone actively do something for you.

I believe you have the right to work with the doctor of your choice -- whether or not that doctor has been credentialed by a government.

I believe you have the right to take the drugs of your choice -- whether or not those drugs have been approved by a government panel of experts. I believe you have the right to take experimental cancer drugs, especially as a last ditch attempt to save your life. I believe you have the right to take marijuana to treat pain, to build appetite, and to relax.

I believe you have the right to buy insurance from any company, located in any state, covering any combination of conditions. I belive you shouldn't be limited to only the health insurance that covers a government approved list of condition from a government approved list of companies.

I believe in a strong negative right to health care. That's something that doesn't really exist in America today. Right now, you are not free to receive health care from anyone you trust, you are not free to take the drugs of your choice, and you are not free to buy whatever health care you desire. I am in favor of more freedom in health care. I believe you have a right to consume health care as you see fit, even if the majority of people around you disagree with your decisions. That's freedom.

I don't believe you have a right to force someone else to pay for treatment, medications, or medical supplies. I don't believe you have a right to force a doctor to work with you. It's one thing if you and the doctor can come to a mutual agreement regarding pay and hours of availability. It's something else entirely to require a doctor to treat you at a price of your choosing (not his) and at a time of your choosing (not his). I don't believe you have a positive right to health care.

To be blunt, I don't believe you have a right to turn doctors into slaves (by requiring them to treat for free or at a steep discount) or a right to turn your fellow citizens into slaves (by requiring them to work in order to pay the bills for your health care).

The current discussion of health care rights revolves almost entirely around positive rights -- getting someone else to pay for our health care. It includes an "exchange" that would strictly limit the options available. It includes subsidies forcibly taken from some people through taxes and used to pay for someone else's health care.

It includes a requirement for insurance companies to charge everyone the same price for health care. This practice, known as community rating, allows sicker people to pay less than the cost of their care and requires healthier people to pay more. In effect, community rating is a subsidy to the sick courtesy of the healthy. Community rated health care is a very bad deal for young, healthy individuals. So the current discussion revolves around a health care mandate. Most of the plans under consideration would require young people to purchase something that's a bad deal. They would be required to do this solely to provide a good deal to sick people and the elderly.

Claiming a positive right to health care is nothing more nor less than the claiming the right to enslave your fellow man. I don't believe you have that right.

The 3 ways to ration what you get

Here's Warren Meyer, talking about the different types of rationing.

So here is what it boils down to: For every product or service purchase, someone makes a price-value trade-off to determine if that product or service should be purchased for a given price in that particular instance.

One option for making this decision is to have the person who actually will consume the product or service — and whose money will also be used to complete the transaction — make this price-value tradeoff.

... A second way to do this would be to have someone who has you specifically in mind make the price value tradeoffs for you. This might be like your wife volunteering to go out to buy you some new underwear.

... So a third model, and almost certainly the worst in terms of individual satisfaction, is to have a third party make price-value tradeoffs for me only with some notion of average preferences for average people, or worse, with an incentive system that has absolutely nothing to do with my satisfaction at all. This is clearly the case for the government, and is probably the case for many private insurers today[.]

When it comes to your health care choices, who do you want making your decisions? I definitely want to make my own decisions and I think most Americans would agree with me. But the reforms that are on the table would cement the status-quo. The status-quo overwhelmingly encourages us to pre-purchase our health care through expensive health "insurance" policies. Then a bureaucracy will take a look at our care and decide what to reimburse and what to deny. That's true whether you're on an HMO plan, a PPO plan, or a government (Medicare / Medicaid) plan.

Isn't it time that we had real reform? Isn't it time that we put patients back in charge of their own health care decisions?

Who needs to give birth in a hospital?

It's great that Great Britain has high quality health care available to everyone, courtesy of the British government. Expectant mothers are especially appreciative. After all, without the NHS, some of them would have never known that it's possible to give birth outside of a delivery room.

Thousands of women are having to give birth outside maternity wards because of a lack of midwives and hospital beds.

The lives of mothers and babies are being put at risk as births in locations ranging from lifts to toilets - even a caravan - went up 15 per cent last year to almost 4,000.

Health chiefs admit a lack of maternity beds is partly to blame for the crisis, with hundreds of women in labour being turned away from hospitals because they are full.

Latest figures show that over the past two years there were at least:

  • 63 births in ambulances and 608 in transit to hospitals;
  • 117 births in A&E; departments, four in minor injury units and two in medical assessment areas;
  • 115 births on other hospital wards and 36 in other unspecified areas including corridors;
  • 399 in parts of maternity units other than labour beds, including postnatal and antenatal wards and reception areas.

Additionally, overstretched maternity units shut their doors to any more women in labour on 553 occasions last year.

I'm so glad that the British don't leave their health care up to a greedy, heartless private sector motivated only by profits. Imagine what might happen if they did!

Don't be an intellectual drunk driver

Sheldon Richman on "Proposers versus Producers."

"The dynamic leader who gives impassioned speeches and sponsors legislation on behalf of social justice is portrayed as heroic in part because few people can find the logical flaws in the program. As a result, all that counts are presumed motives. But motives divorced from understanding are worthless — even dangerous. In a more sensible world, proposing ends while oblivious to means would be a sign of irresponsibility, the intellectual equivalent of drunk driving."

(Tip 'o the hat to Art Carden at Division of Labour.)

This entry was tagged. Quote Responsibility

Private health care insurance growing world wide

The National Center for Policy Analysis published a press release from the HealthPlanWire today, showing the grow in private insurance world wide.

HPW follows health insurance markets globally, and is projecting that total covered lives will exceed one billion by 2012. Single-payer systems are declining world-wide because they are primarily based in countries which have static or declining populations, while private insurance is growing rapidly in countries with the fastest population growth.

Most of this is coming from developing countries which are for the first time ever building out a health financing system, choosing to encourage private health insurance over single-payer on five continents. Examples include China, Columbia, South Africa, Mexico, India, Australia and most of eastern Europe. Most of these countries considered and rejected a single-payer system in favor of a private insurance system, and more than a dozen more are following suit in the same regions.

Private insurance is the chosen system for several reasons. In developing countries in eastern Europe there is a strong aversion to the former Soviet-style model, and western European global insurers like Allianz and Vienna Insurance Group have actually acquired the entire single payer system from the government and turned it private.

Cool.

Estimating health care reform costs

Jon R. Gabel writes in the New York Times today, saying that we shouldn't fear the cost of health care reform because the CBO has a long history of underestimating the savings from reforms.

In the early 1980s, Congress changed the way Medicare paid hospitals so that payments would no longer be based on costs incurred. ... The Congressional Budget Office predicted that, from 1983 to 1986, this change would slow Medicare hospital spending (which had been rising much faster than the rate of inflation) by $10 billion, and that by 1986 total spending would be $60 billion. Actual spending in 1986 was $49 billion. The savings in 1986 alone were as much as three years of estimated savings.

In the 1990s, the biggest change in Medicare came with the Balanced Budget Act of 1997, a compromise between a Republican-controlled Congress and a Democratic administration. ... The actual savings turned out to be 50 percent greater in 1998 and 113 percent greater in 1999 than the budget office forecast.

In the current decade, the major legislative change to the system was the Medicare Modernization Act of 2003, which added a prescription drug benefit. In assessing how much this new program would cost, the Congressional Budget Office assumed that prices would rise as patients demanded more drugs, and estimated that spending on the drug benefit would be $206 billion.

Actual spending was nearly 40 percent less than that.

I find it interesting though that his savings numbers only extend out a few years. For instance, he talks about how much was saved in 1986, from the 1983 bill, but doesn't talk about hospital spending trends since then. How much has the 1983 bill saved over the past 26 years? He talks about how much money was saved in 1998 and 1999 as a result of the Balanced Budget Act of 1997, but he doesn't talk about how much has been saved in the intervening 10 years. Did the trend continue?

Then I saw this graph, of Congressional health care underestimates. (Courtesy of John Goodman, courtesy of the Joint Economic Commitee. You can read the full report.)

Chart for FYI Expenditures for Health Programs

It looks like health care costs are underestimated far more than they're overestimated.