Monthly Archives: August 2012

Beat Those Cubs

At 54-64, the playoffs are relegated to a distant memory for the 2012 Milwaukee Brewers, whose 2011 predecessors nearly made it to the World Series. But there are small mercies in this miserable season. They can still finish with a better record than the rival Chicago Cubs (46-72), who are enduring an even worse year.

By my calculations, the magic number for this secondary goal is 47. Any combination of Brewer wins and Cub losses adding up 47 guarantees Milwaukee’s bragging rights entering next season.

As of this writing, there are 44 games left to play. Of course, the Brewers are losing to Philadelphia, and the Cubs are beating Cincinnati right now. Both margins appear decisive, so call the magic number 47 with 43 games left to play, barring a heroic comeback in either game. The playoffs may be out of the picture, but this will still be a fun race to watch.

Somebody Warn Mrs. Doubtfire


There has been a rash of real-life drive-by fruitings in the UK.

Regulation Roundup


Some of the stranger regulatory goings-on of late:

CEI Podcast for August 16, 2012: Drought, Food Prices, and Ethanol


Have a listen here.

Severe drought in the Midwest has driven corn prices to record levels. Policy Analyst Brian McGraw argues that ending the federal government’s ethanol mandate could help families who are struggling to pay their heightened grocery bills. Under the mandate, nearly 40 percent of this year’s corn crop will be used for fuel instead of food.

Regulation and the Setting Sun

Agencies are well-equipped for passing regulations, but not for repealing them. This becomes a problem as the years march on, and dusty old rules that don’t apply in today’s world retain the force of law. Over at RealClearPolicy, David Deerson and I propose an easy fix: automatic sunsets for all new regulations. Here’s how it would work:

Just as every carton of milk has an expiration date, sunset provisions automatically end agencies, programs, and regulations after a fixed period of time, unless specifically reauthorized by Congress. We already know the idea works. Several states already have sunset laws in place. They typically establish a sunset committee or commission, which reviews programs and agencies whose time is almost up and makes recommendations to the legislature. The National Conference of State Legislatures estimates that Texas saves $42 for every dollar it spends on sunset reviews.

Read the whole thing here.

The Remaining 10 Percent Had Never Heard of Congress, or Are Members

Politico: Congress hits bottom: Only 10 percent approve

In Praise of Judicial Activism

Judicial activism is a dirty word in politics. It shouldn’t be. Over at The American Spectator, David Deerson and I try to rehabilitate a term that has been sorely missing from a passive judiciary. Judges shouldn’t legislate from the bench, of course. But nor should they let the other branches’ excesses stand:

No matter which party is in power, Congress and the White House often overstep their constitutional authority. From the political speech restrictions in McCain-Feingold to the Washington, D.C., handgun ban, examples of the Supreme Court striking down unconstitutional legislation are not hard to find. That is the kind of judicial activism we need more of.

Of course, we’re not that optimistic about this changing anytime soon:

No president would nominate a judge who might nullify his administration’s signature achievements. No senator would vote to confirm a judge who might strike down an important bill that she wrote. There is a selection bias favoring judges who will defer to the political branches of government. As Georgetown University law professor Randy Barnett told The Wall Street Journal, “If I want to bet actual money, I’ll always bet the court upholds anything Congress does.”

Read the whole thing here.

CEI’s Battered Business Bureau: The Week in Regulation


Just another week in the world of regulation:

  •  68 new final rules were published last week, down from 85 the previous week.
  • That’s the equivalent of a new regulation every 2 hours and 28 minutes — 24 hours a day, 7 days a week.
  • All in all, 2,366 final rules have been published in the Federal Register this year.
  • If this keeps up, the total tally for 2012 will be 3,883 new rules.
  • 1,443 new pages were added to the 2012 Federal Register last week, for a total of 47,967 pages.
  • At its current pace, the 2012 Federal Register will run 77,367 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. The 27 such rules published so far in 2012 have compliance costs of at least $16.2 billion. Two of the rules do not have cost estimates, and a third cost estimate does not give a total annual cost. We assume that rules lacking this basic transparency measure cost the bare minimum of $100 million per year. The true cost is almost certainly higher.
  • One economically significant rule was published last week.
  • So far, 246 final rules that meet the broader definition of “significant” have been published in 2012.
  • So far this year, 447 final rules affect small business. 63 of them are significant rules.

Highlights from final rules published last week:

  • Last week’s economically significant rule was part of the health care bill. It sets “Operating Rules for Health Care Electronic Funds Transfers (EFT) and Remittance Advice Transactions.” Its estimated cost is $1.2 billion to $2.7 billion. I have used the lower figure for this year’s running cost tally for economically significant rules.
  • If you deal in highly migratory Atlantic fish, you are now required to electronically submit weekly reports to the federal govermment.
  • If you enjoy flying Glasflugel Gliders, you should be aware of new airworthiness directives from the FAA.

For more data, go to TenThousandCommandments.com.

Regulation of the Day 226: Hot Dog Carts


Nathan Duszynski is 13 years old and lives in Holland, Michigan. His stepfather has multiple sclerosis. His mother has epilepsy. Neither is able to work.

To help out with his family’s expenses, Nathan started mowing lawns and soon saved up the $1,200 or so that he needed to buy a hot dog cart. That way he could make even more money.

The owner of a local sporting goods store was even kind enough to allow Nathan to set up shop in his store’s parking lot. But regulators shut Nathan down ten minutes after opening up shop for the first time. He had yet to sell his first hot dog. Turns out that food carts are illegal in Holland unless they’re connected to a brick-and-mortar restaurant.

Seeing as many cities across the country have unaffiliated food carts and no evidence of consumer harm, there can only be one explanation for Holland’s hot dog cart ban: rent-seeking. Restaurants don’t want to deal with the competition, so they convinced the government to do their dirty work for them.

Because of this rent-seeking, Nathan and his family are now homeless.

Our friends at the Mackinac Center have spoken with the family:

“Nate and I are now in a shelter,” Lynette Johnson said. “Doug can’t stay with us because he takes prescription narcotics to deal with his pain and the shelter does not allow him with those kinds of drugs.”

She said the situation has been stressful on the family. Lynette is afraid to be away from her husband in case she has a seizure.

Nathan has still been working hard. He’s selling hot dogs at private events, which is legal. But according to a local paper, it’s still difficult:

The cart is the only solid income the family can rely on, said Lynette. But the business is in jeopardy due to the family’s financial situation…

The reason, she said, is that each event requires a new health department permit, and the cost varies between West Michigan municipalities. The last event, a private wedding reception on Friday, cost about $200 for the permit.

Coupled with food and supply cost, they barely broke even, she said.

Nathan now has a web site for Nathan’s Hot Dog Hut, where you can make a donation via PayPal. Nathan writes, “If you believe in free enterprise and can help with the costs of my fight with City Hall and the losses we have sustained so far please donate what you can to help us and those others in similar situations by clicking the button below.”

Here’s hoping Nathan wins his fight. Everyone has the right to make an honest living — even if their competitors would rather they didn’t.

The Case for a Repeal Amendment

Nobel-winning economist James Buchanan distinguishes between two kinds of analysis: pre-constitutional and post-constitutional. Pre-constitutional analysis focuses on the rules of the game; post-constitutional analysis focuses on how people behave under those rules once they’re in place. The current rules of America’s political game result in 3,500-plus new regulations every year, trillion-dollar deficits, and other major problems.

The solution isn’t to put different people in charge. The status quo’s incentive structures guarantee that the results will stay about the same, no matter who is in power. Instead, real reform can only happen at the institutional level. Change the rules of the political game in a way that gives politicians an incentive to keep their worst impulses in check. If you want different results, you need different rules.

Over at Real Clear Policy, my colleague David Deerson and do a bit of pre-constitutional analysis on one rule change that could do a lot of good:

[A]dd a repeal amendment to the U.S. Constitution, one that would allow two-thirds of state legislatures to repeal any federal law or regulation they see fit. A repeal amendment would enhance federalism and make democracy more meaningful to citizens by bringing it closer to them.

When most people think of the government’s separation of powers, they think of the three branches of the federal government—executive, judiciary, and legislative. In a federalist system such as ours, the separation of powers between the federal government itself and the states is just as important.

Read the whole thing here.