Minor Thoughts from me to you

Paul Ryan, with a very, very good speech on the importance of the Constitution and on the primacy of the rule of law, in our political and economic system.

We can strengthen our defense of liberty if we remember to keep in mind those who are struggling to make ends meet. What makes our Constitution such an extraordinary document is that, in making the United States the freest civilization in history, the Founders guaranteed that it would become the most prosperous as well. The American system of limited government, low taxes, sound money and the rule of law has done more to help the poor than any other economic system ever designed.

I want to talk today in particular about the last of those – the rule of law, which is absolutely essential to all the other benefits of our system, to the prosperity and freedom of our country, and to the well being of all Americans, especially the most vulnerable.

What is the rule of law? When the Declaration of Independence cited as justification “the laws of nature and of nature’s God,” the Founders were channeling Aristotle, who wrote that the rule of law in principle means that, quote, “God and intellect alone rule.”

Aristotle defined the law as “intellect without appetite,” by which he meant justice untainted by the self-interest of those in power.

The great difficulty we encounter in striving to meet Aristotle’s ideal was best summed up by James Madison: “if men were angels, no government would be necessary. And if angels were to govern men, neither external nor internal controls on government would be necessary.”

But, as Madison reminded us, men are no angels, and government is “administered by men over men.” Grounded in a proper understanding of human nature, our Founders tackled this challenge head-on with a brilliant Constitution and a healthy separation of powers, binding all men to the same set of laws and preventing any one man or group of men from gaining enough power to declare themselves above the law.

Do read the whole thing.

∞

Walt Harrington's reflections on how George W. Bush grew over the years that Harrington knew him. As many people have pointed out, President Bush was far smarter than people thought. (That doesn't mean that he was always right, just that he wasn't an idiot.)

And he began to talk—and talk and talk for what must have been nearly three hours. I’ve never told anyone the specifics of what he said that night, not even my wife or closest friends. I did not make notes later and have only my memory. In the journalism world, off the record is off the record. But I have repeatedly described the hours as “amazing,” “remarkable,” “stunning.”

President Bush—and he was, no doubt, by then a real president—talked expansively about Afghanistan, Iraq, Iran, China, Korea, Russia. He talked about his reelection strategies, Iran’s nuclear ambitions, WMD and how he still believed they would be found, Colin Powell and Condoleezza Rice, Vladimir Putin. He talked about his aides and how tough their lives were, the long hours and stress and time away from their families, about how difficult it was for his daughters. He said that compared with everyone around a president, the president had the easiest job. He was the same confident, brash man I had met years ago, but I no longer sensed any hint of the old anger or the need for self-aggrandizement.

As he talked, I even thought about an old Saturday Night Live skit in which an amiable, bumbling President Ronald Reagan, played by Phil Hartman, goes behind closed doors to suddenly become a masterful operator in total charge at the White House. The transformation in Bush was that stunning to me.

On the other hand, I still dislike President Bush's assumption that everyone else should bow and scrape before powerful men.

As it turned out, I did see George W. soon again after the encounter on his father’s Cigarette boat. After my story ran in The Washington Post Magazine, the vice president invited my family over to lunch and horseshoes at his official residence, on the grounds of the U. S. Naval Observatory. The vice president had actually called twice to invite us over, but on both occasions, our schedules hadn’t meshed. After the second invite, George W. called my house.

“Walt, my dad is vice president of the United States,” I remember him saying with a touch of irritation. “When he calls and invites you to lunch, you come to lunch.”

∞

Interesting. Companies that have the freedom to set their own pay and benefit scales are able to create more new jobs than they would otherwise be able to. That's certainly unexpected.

They are a cornerstone of Chrysler’s unlikely comeback: 900 employees turning out a Jeep Grand Cherokee sport utility vehicle every 48 seconds of the working day at an assembly plant here. Working for Less

Nothing distinguishes them from other workers at the Jefferson North plant, except their paychecks. The newest workers earn about $14 an hour; longtime employees earn double that.

With the economy slumping and job creation once again a pressing issue in the White House and Congress, the advent of a two-tier wage system in Detroit is spiking employment for one of the country’s most important manufacturing industries.

∞

Megan McCardle is annoyed that President Obama wasted her time with a job's plan that he's not actually interested in passing.

If the president were serious about providing stimulus, he would pay attention to the work of his old CEA chair, and pay for the jobs bill by decreasing the growth rate of something-or-other in the future by 0.2%. This is also what he would do if he were serious about getting any part of it through Congress. Instead he is apparently sending them a less-stimulative bill designed to be maximally embarrassing to the GOP--which by definition means minimally politically viable.

∞

I don't like to see Presidential candidates engaged in this kind of crony capitalism.

The Emerging Technology Fund was created at Mr. Perry's behest in 2005 to act as a kind of public-sector venture capital firm, largely to provide funding for tech start-ups in Texas. Since then, the fund has committed nearly $200 million of taxpayer money to fund 133 companies. Mr. Perry told a group of CEOs in May that the fund's "strategic investments are what's helping us keep groundbreaking innovations in the state." The governor, together with the lieutenant governor and the speaker of the Texas House, enjoys ultimate decision-making power over the fund's investments.

… All told, the Dallas Morning News has found that some $16 million from the tech fund has gone to firms in which major Perry contributors were either investors or officers, and $27 million from the fund has gone to companies founded or advised by six advisory board members. The tangle of interests surrounding the fund has raised eyebrows throughout the state, especially among conservatives who think the fund is a misplaced use of taxpayer dollars to start with.

∞

After reading my last post on parenting and responsibility, two people raised the same objection: what about parents who don’t know about proper safety or about the resources that area available to them?

[T]here are many parents out there who are ignorant of the statistics on bike helmets, car seat, proper gun storage etc. AND many parents may not know that there are organizations to help needy families obtain safety items for free / reduced cost. If a doctor isn't allowed to ask questions, how can the information reach the parents who may need it?

It’s a fair question. How should society balance the desire to help people against the tendency to annoy people who don’t need help?

I think we need to start with respect. A pediatrician who questions parents, on their first visit, about their parenting skills risks appearing condescending and disrespectful. A pediatrician who claims that it’s his job to protect my children, implies that he doesn’t think it’s my job and that he doesn’t trust me to keep them safe.

I think the default assumption should be that parents are concerned about their children’s welfare and want to do what’s best. When a pediatrician starts by asking parents “do you do this?”, it communicates disrespect and distrust. From what I’ve read in recent articles, and from what pediatricians are defending, it seems that the normal approach is to grill parents with an invasive and potentially judgmental checklist:

• Do you own a pool? Is it kept covered and locked when not in use?
• Do you own a gun? If so, you shouldn’t. If you insist on doing so, here are the rules that you must follow so that your children don’t suffer from your obstinacy.
• Do your children ride bikes? Do they wear helmets all of the time or do you actually want them to die?

Now, I’m well aware that doctors aren’t quite that confrontational and insulting when they’re talking to parents. On the other hand, that’s often how parents perceive their questions. Especially when they’re asking those questions without first getting to know them and without first learning what their level of parenting competency is.

What should they do instead? Well, riffing off of a comment from a nurse I know, how about a general presentation of what they can do to help?

Hi, I’m Doctor Smith, your daughter’s pediatrician. I hear that your daughter has an ear infection today. We’ll make sure you get some general antibiotics to clear that up as quickly as possible. Since this is the first time we’ve met, I’d like to tell you a little about what we do here at the office. Obviously, we’re here to help you anytime your children get sick or have an injury.

We’ll also help you to keep your children up to date on vaccinations and immunizations—the immunization schedules can be confusing, so don’t hesitate to ask if you have any questions. We’re also available to answer any questions you might have about general parenting topics. If you’d like, we can help you with understanding childhood nutrition, recommended diets, learning styles or disabilities, or other topics related to childhood development.

Surprisingly, the biggest risks your children face today aren’t from sickness or disease but from accidents. Nearly 30% of all childhood fatalities result from either motor vehicle accidents or drownings. We’d love to help you learn about the best way to prevent these accidents. We can talk to you about car safety, pool safety, bike safety, firearm safety, etc.

More than just medicine, we want to do everything we can to help keep your children safe. Is there anything you’d like help with today? If not, feel free to call or email the office anytime you have a question, day or night.

Beyond that, the doctor’s office could have posters prominently displayed, advertising proper safety or offering to counsel parents about safety. They could have posters and handouts, advertising local organizations that offer free / low cost car seats or safety devices. They could offer instructional DVDs (or link to online videos) that teach parents about proper safety and available resources.

There are many ways that pediatricians could offer help and resources without taking responsibility away from parents or without defaulting to a confrontational style of questioning. My post about parenting and responsibility wasn’t saying that pediatricians can’t offer advice. Far from it. The responsible parent will seek out advice from many sources. But there’s a large difference between solicited and unsolicited advice.

If you wait to be asked, you’ll communicate that you respect your patients and trust them to be responsible. If you freely give unsolicited advice, you risk communicating that you look down on your patients and don’t trust them to be responsible without your help.

These are words that make me want to vote for Rick Perry. Today, if possible.

And I’ll promise you this: I’ll work every day to make Washington, D.C. as inconsequential in your life as I can.

These are the concerns that make me worry about having Governor Perry become President Perry.

I’d like to hear some of the more thoughtful conservatives lining up behind Perry weigh in on this. Here’s how I see it: A state government has no more awesome, complete, or solemn power than the power to execute its own citizens. If you’re going to claim to loathe big government, this is one area where you ought to be more skeptical of government than any other. Hell, if for no other reason than that it can’t be undone.

The problem here isn’t necessarily that Perry presided over the execution of a man who was likely innocent. If Perry had shown some concern about what happened in the Willingham case, maybe set up an investigation into what went wrong, perhaps even attempted to suspend executions in Texas until he could be sure checks were in place to prevent the execution of an innocent, the way George Ryan did in Illinois—if he’d done any of that, he’d at least have shown some appropriate skepticism. He’d have shown that he’s at least cognizant of the fact that government employees in law enforcement and criminal justice are just as fallible and subject to the trappings of power, bureaucracy, and public choice theory as government employees in, say, tax collection or the regulation of business.

Instead, Perry couldn’t even acknowledge the possibility of doubt about Willingham’s guilt.

Main Street had profits of $1 million in the second quarter and wrote off 1.25% of its loans as uncollectible. That is below the industry's charge-off rate of 1.82% in the FDIC's data for the first quarter, the latest available. The bank has earned nearly $11 million in the past year.

In July 2010, the FDIC slapped Main Street with a 25-page order to boost its capital, strengthen its controls and bring in a new top executive. Regulators also said the bank was putting too many eggs in one basket. Mr. Depping says regulators wanted the bank to shrink its small-business lending to about 25% of the total loan portfolio, down from about 90%.

There’s nothing quite like the arrogance of telling a successful business that it’s doing everything wrong and that it needs to change the cornerstone of it’s business model. The bank’s chairman is now planning on giving up the bank’s charter and selling the branches to other local banks.

This successful local business was killed by the too strict, cookie cutter, one-size fits all financial regulation coming out of Washington. Heckuva job guys.

For months, unions have told us that after their state-senate recall efforts in Wisconsin, lawmakers would learn not to scale back their collective-bargaining “rights.” The recalls would warn any state thinking about passing a law like Governor Walker’s to think again. Yet after Tuesday night’s recall elections, only one lesson is perfectly clear: It’s probably not a good idea to cheat on your wife.

∞

I was making exactly this point, while driving home last night.

For the Tea Party Republicans who make up a significant part of the House GOP caucus, Boehner's proposal is a significant retreat from "Cut, Cap and Balance." Those who support the Boehner proposal, which is formally known as the Budget Control Act, consider it a major compromise -- something they are backing only after being convinced that their first choice could never pass the Senate.

… While Obama preaches the virtues of compromise, his Democratic allies and surrogates are bashing Republicans for rejecting what the White House characterizes as earnest, good-faith efforts to find common ground. "I hope that Speaker Boehner and [Minority] Leader McConnell will reconsider their intransigence," Senate Majority Leader Harry Reid said a few days ago. "Their unwillingness to compromise is pushing us to the brink of a default." (At the same time, Reid has been issuing absolute, inflexible statements like, "I will not support any short-term agreement.")

∞

If I was going to sum up my political philosophy as succinctly as possible, I think this is how I’d do it.

Perhaps the difference that most fundamentally separates true liberals and libertarians from others is that, to one degree or another, true liberals and libertarians are, unlike non-liberals and non-libertarians, dutiful sons and daughters of the Scottish Enlightenment. And one of the great lessons of that remarkable intellectual movement is the refinement of the understanding that state and society are not the same thing. Society is not created by the state, and the state’s activities not only do not define those of society but often diminish society’s activities.

Professor Don Boudreaux says this in the course of pointing out that FDR did much to destroy the private market for unemployment insurance. Prior to governments providing “free” unemployment insurance, many religious organizations, charities, businesses, and private societies provided it. People helping each other, reaching out, lending a hand to a neighbor in need. All of that was blown away and destroyed once the federal and state governments started providing unemployment insurance.

I found out today that it is possible to buy supplemental unemployment insurance to augment what the government provides. That’s welcome news but it’s a far cry from the vibrant assistance provided by society prior to the government’s take over.

Government has not brought us closer together by providing services that the private sector used to provide. Instead, it has pushed us further apart and made us less reliant on each other. That’s the exact opposite of the brotherly love and caring that President Obama constantly claims to want.

If you want a close knit society of caring people that look out for each other—slash government spending and get government out of the business of replacing society with bureaucracy.

I did not realize this.

Like all other public officials, the Governor of Wisconsin is not eligible for recall until he or she has served at least one year in the current term of office. Recall petitions cannot be circulated until early November, 2011, and cannot be offered for filing until January 3, 2012.

The number of signatures required to trigger a recall election for Governor is 540,208, or one-quarter of the 2,160,832 votes cast for Governor in the November 2010 General Election.

Looks like recall season will continue through the rest of 2011. Oh, joy.

Another Poppy Seed-Based Child Abduction

For the second time in a year, Lawrence County Children and Youth Services has been accused in a federal lawsuit of removing a child from a mother’s custody after a positive test for opiates allegedly triggered by poppy seeds.

Eileen Ann Bower, a Lawrence County resident whose residence and age were not provided, gave birth to a son, Brandon, on July 13, 2009, according to a complaint filed late Friday. She was stunned, it said, when a blood test at Jameson Hospital came back positive for opiates.

Brandon was taken into foster care three days after his birth, it said, and only returned on Sept. 29. In the interim, Ms. Bower came to the conclusion that the test must have come back positive due to her ingestion, at her last meal before childbirth, of Salad Supreme dressing with poppy seeds . . .

As a repeatedly new parent, I have a hard time imagining a worse thing. This mother has had her right to due process of law violated rather blatantly. There was no evidence that chain of custody was preserved with her blood sample: do we know that the blood that was tested was actually hers? There was no evidence that the sample was collected appropriately: was it tainted somehow during the drawing process? There was no evidence presented that the traces in the blood were actually from opiates: could the traces have actually been from poppy seeds?

None of this evidence was presented, this mother was not convicted after receiving due process of law, and she wasn’t legally sentenced to losing custody of her child. No, the county agency took one look at one lab test and immediately assumed that they knew what was going on.

That’s wrong and it needs to stop. This is the second time that Pennsylvania county has done this. As Glenn Reynolds is apt to say: “Tar. Feathers.” That’s what will make this kind of abuse of power stop.

(Thanks to Radley Balko for the link.)

Keith Hennessey explains what the McConnell debt limit proposal is, how it works, and what its political motivations are.

I still support “Cut, Cap, and Balance” as the best long-term plan. While I’d love to see it enacted, I don’t see it happening with this Senate and this President. I’d initially been disposed to strongly dislike the McConnell plan. I actually changed my mind after reading his explanation. I now, reluctantly, support it as the best plan that we’re likely to get past this President and this Congress.

∞

Keith Hennessey explains the “Cut, Cap, & Balance Act”.

The key to understanding this bill is that it focuses on government spending, rather than on taxes or deficits. The bill would achieve significant deficit reduction through cutting and limiting spending, and all of its mechanisms use spending rather than deficit targets.

Surprise, surprise: the bill consists of three parts.

1. Cut – The bill provides specific numbers to limit both discretionary and mandatory spending for FY12. These numbers would drive further Congressional action this year or else force a Presidential sequester. (I explain a sequester below.) The intent of this section is to force Congress and the President to cut spending immediately.
2. Cap – The bill would establish a new enforceable limit on total federal spending as a share of the economy. The new caps are designed to phase federal spending down to just below 20% of GDP by FY17 and then hold it there through the end of a 10-year budget window in FY21. Put more simply, this is a new enforceable aggregate spending cap.
3. Balance – The bill would increase the debt limit by $2.4 trillion after the House and Senate have passed a Balanced Budget Amendment (of a certain type).

∞

Reason columnist and Mercatus Center economist Veronique de Rugy explains the truth behind some of the myths in the current debt ceiling debate.

1. If a deal is not reached by August 2, the U.S. will default on its debt.
2. If the debt ceiling isn’t raised the government won't be able to pay Social Security benefits.
3. The Treasury cannot use the Social Security Trust Fund to delay a default past August 2.

You can either read her explanations or watch her explanation on video.

∞

Zygi Wilf, Minnesota governor Mark Dayton discuss new Minnesota Vikings stadium - ESPN

When Gov. Mark Dayton and state lawmakers announced that the outlines of a new budget deal were in place, the Minnesota Vikings were hoping that the door was finally open to discuss their plan for a new $1 billion stadium in the Twin Cities suburbs.

It may not be quite that simple.

Vikings owner Zygi Wilf spoke with Dayton on Friday, telling him in a phone conversation that the team wants a stadium bill to be considered in a special legislative session expected to begin next week, according to Vikings vice president for stadium affairs Lester Bagley.

"He made the case that now is the time," Bagley said. "We've done everything that has been asked of us. It's time to do it. We're down to months left on our lease and every day that goes by, the cost of the project goes up."

… Arden Hills is about 10 miles north of the Metrodome in downtown Minneapolis. The new facility would be located at the site of a former Army ammunition plant with plans to open in spring 2015.

Wilf and the Vikings have pledged more than $400 million to the project, which also calls for a half-cent sales tax in Ramsey County that would contribute another $350 million and $300 million in state money.

This is just disgusting. Depending on where you Google, Zygi Wilf is worth somewhere around $300 million and the Vikings franchise itself is worth around $700 million. If he wants a new stadium, he has several options:

1. invest more of his own fortune and the team’s worth into the new facility
2. ask the team’s fans to invest into the facility in exchange for benefits (priority access to available tickets? special access to memorabilia?)
3. Get banks or investors to loan or invest the needed funds

The Vikings are a cash generating franchise. If a new stadium is a good investment, Wilf shouldn’t have any problems obtaining the funding he needs. If a new stadium isn’t a good investment, Wilf shouldn’t be demanding that the Minnesota taxpayers fund his boondoggle.

It’s disgusting the way that he’s demanding that a state that’s struggled to close a $5 billion budget hole turn around and give $300 million in state money and $350 million in county money to his privately owned business. I hope the state legislature smacks him down and shuts the door on his demands.

Here’s some more information about the changes that Kaukauna School District is making, thanks to Governor Walker’s much attacked public sector union reforms.

Then there are work rules. "In the collective bargaining agreement, high school teachers only had to teach five periods a day, out of seven," says Arnoldussen. "Now, they're going to teach six." In addition, the collective bargaining agreement specified that teachers had to be in the school 37 1/2 hours a week. Now, it will be 40 hours.

The changes mean Kaukauna can reduce the size of its classes -- from 31 students to 26 students in high school and from 26 students to 23 students in elementary school. In addition, there will be more teacher time for one-on-one sessions with troubled students. Those changes would not have been possible without the much-maligned changes in collective bargaining.

Teachers' salaries will stay "relatively the same," Arnoldussen says, except for higher pension and health care payments. (The top salary is around $80,000 per year, with about $35,000 in additional benefits, for 184 days of work per year -- summers off.) Finally, the money saved will be used to hire a few more teachers and institute merit pay.

∞

As changes to collective bargaining powers for public workers take effect today, the Kaukauna Area School District is poised to swing from a projected $400,000 budget shortfall next year to a $1.5 million surplus due to health care and retirement savings.

“These impacts will allow the district to hire additional teachers (and) reduce projected class sizes,” School Board President Todd Arnoldussen wrote in a statement Monday. “In addition, time will be available for staff to identify and support students needing individual assistance through individual and small group experiences.”

The district anticipates that elementary class size projections for next year will shrink from 26 students to 23 students. Class sizes for River View Middle School are expected to fall from 28 students to 26 students.

Kaukauna High School classes could be reduced from 31 students to 25 students.

Huh. That’s certainly … unexpected.

(Hat tip to Glenn Reynolds, Ann Althouse, and the Milwaukee Journal Sentinal.)

∞

After Governor Walker's budget repair bill (AB-10) was re-instated by the Wisconsin Supreme Court, our unions immediately ran off to Federal court to claim civil rights violations.

At the time, I thought that their case was exceedingly weak and more in the vein of a stupid Hail Mary attempt than a serious effort at practicing law. Today, I saw that the United States Court for the Western District of Wisconsin appears to agree with me. They denied the unions' request for a temporary restraining order and/or preliminary injuction in quite plain terms. Check out the ruling [PDF].

If you don't read the ruling, the breakdown of their argument shows you pretty clearly what they think. It’s not a final ruling yet but, if this is representative of what the court is thinking, the final ruling could be even more fun.

• “There Is A Rational Basis For The Differing Treatment Of General Employees And Public Safety Employees”
• “Plaintiffs’ Attempt To Reduce Act 10 To Crass Political Payback Fail”
• “Plaintiffs Have No Probability Of Success On The Merits Of Their First Amendment Claim, As That Claim Is Without Merit”
• “Plaintiffs Misstate The Nature Of Their Alleged Irreparable Harm”
• “The State And The Public Interest Will Suffer Great Irreparable Harm By The Issuance Of A Preliminary Injunction”
• “Plaintiffs Seek To Alter The Status Quo, Not Maintain It, By Asking For A Remedy That Will Result In A Completely New Set Of Collective Bargaining Statute”

The ruling is all kinds of good fun.