Monthly Archives: June 2014

Is John Boehner’s Lawsuit The Best Way To Rein In The Executive Branch?

House Speaker John Boehner plans to sue President Obama over perceived abuses of the separation of powers. Over at the Daily Caller, I argue that Boehner has a point that the executive branch has grown too powerful. But the problem can’t be solved by a mere court case:

But suppose the lawsuit succeeds. It still wouldn’t solve the fundamental problem driving the growth of executive power. As Cato Institute presidential scholar Gene Healy put it, “If the Obama presidency has driven Americans mad, perhaps that’s because we’ve embraced a demented notion of the presidency itself,” one Healy describes as some mixture of Superman, Santa Claus, and Dr. Phil. When it comes to the presidency, we have met the enemy, and it is us.

When George W. Bush promised, without irony, to “rid the world of evil,” people believed him. With his post-9/11 approval ratings reaching the upper 80-percent range, Congress granted Bush expanded powers through the USA PATRIOT Act and other measures. The result was not the end of evil; it was the TSA, warrantless NSA surveillance, and host of other civil liberties abuses.

President Obama has not improved the situation; read the whole thing here. Also check out Gene Healy’s excellent 2008 book Cult of the Presidency, and its short e-book sequel, False Idol, both of which I could not recommend more highly.

CEI’s Battered Business Bureau: The Week in Regulation

snooki tan
There were no major regulations this week, but more than 80 little ones, covering everything from a religious exemption to the federal tanning tax to imported cotton.

On to the data:

  • Last week, 86 new final regulations were published in the Federal Register. There were 78 new final rules the previous week.
  • That’s the equivalent of a new regulation every one hour and 57 minutes.
  • So far in 2014, 1,670 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,367 new regulations this year. This would be the lowest total in decades; this will likely change as the year goes on.
  • Last week, 1,149 new pages were added to the Federal Register.
  • Currently at 36,584 pages, the 2014 Federal Register is on pace for 73,759 pages, which would be the lowest total since 2009.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Nineteen such rules have been published so far this year, none of them in the past week.
  • The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $2.33 billion to $2.72 billion. They also affect several billion dollars of government spending.
  • One-hundred and forty final rules meeting the broader definition of “significant” have been published so far this year.
  • So far in 2014, 315 new rules affect small businesses; 46 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

A Baaaaad Idea

I am quoted in an otherwise-excellent writeup at Rare.us about the federal government’s National Sheep Industry Improvement Center.

Ex-Im’s Invitation to Corruption

When government has a lot of money and power, it is natural for people to curry its favor. It is just as natural for those wielding money and power to use it for personal gain. The Export-Import Bank has just provided the latest real-world example of this human frailty. The Wall Street Journal is reporting that four Ex-Im employees have been removed or suspended in recent months, “amid investigations into allegations of gifts and kickbacks.”

The article names one employee, Johnny Gutierrez, who accepted cash payments from an executive of Impex Associates, a construction equipment manufacturer that has received Ex-Im financing on multiple occasions. The other cases involve two “allegations of improperly awarding contracts to help run the agency,” and another employee who accepted gifts from an Ex-Im suitor. A spokesman responded to the allegations by noting that “the Export-Import Bank takes extremely seriously its commitment to taxpayers and its mission to support U.S. jobs.”

These are not isolated incidents. Over at the Daily Signal, Diane Katz notes that 74 potential cases of fraud have occurred since April 2009, just five years ago. For an agency with only 400 employees, this is a very serious problem.

These corruption allegations offer another reason to end the Export-Import Bank. Fortunately, the Bank’s charter expires on September 30. If Congress doesn’t vote to extend that charter, the Bank will automatically cease to exist, and the Treasury Department will wind down Ex-Im’s $140 billion portfolio.

With Ex-Im gone, companies would spend a little less time wooing government officials, and more time actually creating value for consumers. Getting rid of Ex-Im wouldn’t just help the economy, it would remove one of Washington’s numerous opportunities for corruption.

CEI Podcast for June 24, 2014: TSA Still Flouting the Law on Body Scanners

Marc Scribner notes the one-year anniversary of a comment period deadline on the TSA’s use of body scanners in airports, as was ordered by a federal court in July 2011. The agency is still in violation of federal law and the court’s order. Click here to listen.

CEI’s Battered Business Bureau: The Week in Regulation

dental-plan-lisa-needs-braces
The Federal Register topped the 35,000-page mark last week. New regulations cover everything from tariffs on foreign cheese to dental implants to fireworks shows.

On to the data:

  • Last week, 78 new final regulations were published in the Federal Register. There were 79 new final rules the previous week.
  • That’s the equivalent of a new regulation every 2 hours and 9 minutes.
  • So far in 2014, 1,584 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,328 new regulations this year. This would be the lowest total in decades; this will likely change as the year goes on.
  • Last week, 1,265 new pages were added to the Federal Register.
  • Currently at 35,435 pages, the 2014 Federal Register is on pace for 74,444 pages, which would be the lowest total since 2009.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. 19 such rules have been published so far this year, none of them in the past week.
  • The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $2.33 billion to $2.72 billion. They also affect several billion dollars of government spending.
  • 120 final rules meeting the broader definition of “significant” have been published so far this year.
  • So far in 2014, 295 new rules affect small businesses; 43 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Ex-Im Reauthorization Fight: Release the Reagan

ronald raygun
The Export-Import Bank is up for reauthorization in September. If the vote fails in Congress, the Bank and its $140 billion portfolio will cease to exist. In an effort to appeal to free-market types who oppose Ex-Im, the Aerospace Industries Association is invoking Ronald Reagan. A page two ad in yesterday’s Politico and an accompanying fact sheet sent to every member’s office on Capitol Hill prominently feature Reagan’s image and include quotes of the Gipper praising Ex-Im.

The fact sheet notes that Reagan increased the cap on Ex-Im’s lending portfolio by 14 percent from 1981-86, from $8.8 billion to $12 billion. Then again—Reagan cut Ex-Im in 1983 and again in 1988. And over Reagan’s entire time in office, Ex-Im’s cap actually shrank in real terms. You can check the numbers yourself with the Minneapolis Fed’s handy inflation calculator.

And as Veronique de Rugy ably points out here and here, Reagan was no fan of the Export-Import Bank, and said so publicly (see also video evidence).

The fact sheet also contains this gem of a quote:

“Why does a small group of fringe political organizations oppose the U.S. Export-Import Bank? Because they favor the interests of foreign nations over American businesses.”

Where to begin? One, the argument from consensus is a well-known logical fallacy. I don’t know how many people favor or oppose Ex-Im, but I do know it’s based on bad economics and is one of the government’s largest corporate welfare programs.

Two, I was unaware until reading this fact sheet that as an Ex-Im opponent, I “favor the interests of foreign nations over American businesses.” That charge is actually true of Ex-Im itself. When the Bank guarantees loans to foreign airlines for buying Boeing planes, they are literally subsidizing domestic airlines’ direct foreign competitors.

As a general rule, it is better to analyze arguments rather than motives. But roughly 40 percent of Ex-Im’s activities benefit a single company, Boeing, that is a major part of America’s aerospace industry. Even though they surely know the arguments are overwhelmingly against Ex-Im, one understands why they’re fighting so hard to preserve their privilege. One also understands why they are using such shoddy arguments—those are the only kind they have.

If Ex-Im beneficiaries want government handouts—and clearly they do—it would be far more efficient for the government to simply give them cash. Such a policy wouldn’t distort financial markets and international business decisions. The problem is that a naked cash grab would strike voters and most everyone else as unseemly. As the economist Gordon Tullock pointed out, this is precisely is why rent-seekers and politicians create cover stories such as the Export-Import Bank. The trouble is that these cover stories cause real harm to others, from capital-needy startups to established companies like Delta Airlines. The Ex-Im fight could use more honesty on what it’s really about.

Images of Ronald Reagan and appeals to patriotism are cynical ways to lure conservatives into supporting the Export-Import Bank. But Reagan didn’t actually support the Bank, and its mercantilist economics were debunked centuries ago by Adam Smith and David Ricardo. It’s time to move on.

CEI Podcast for June 17, 2014: CEI Celebrates 30 Years

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CEI celebrates its thirtieth anniversary this week at its annual dinner. Founder and Chairman Fred Smith talks about CEI’s past and future successes.

Click here to listen.

Laughing All The Way to the Export-Import Bank

The Kronies are back with a video about the Export-Import Bank, one of the federal government’s largest corporate welfare programs. While the video is less than subtle, it makes the rent-seeking and deal-making surrounding the Bank very clear. Fortunately, the Bank’s charter expires on September 30 of this year. Ex-Im will cease to exist unless Congress votes to reauthorize it. CEI’s Iain Murray recently weighed in on the Ex-Im fight here.

Cronyism is far from the Export-Import Bank’s only problem. It also has enormous opportunity costs. There is only so much investment capital to go around. Every time Ex-Im secures favorable financing for a debacle such as Enron or Solyndra, or a sound company like Boeing or Caterpillar that doesn’t need taxpayer help, a deserving company elsewhere has to pay higher interest rates, or may even be denied financing altogether. The Ex-Im Bank’s portfolio is currently in the neighborhood of $140 billion. This is an enormous amount of capital being politically-directed, instead of market-tested. Here’s hoping Congress decides to end the Export-Import Bank this fall.

CEI’s Battered Business Bureau: The Week in Regulation

Detention Officer Rene Ansley(R) looks o
The 2014 Federal Register climbed past the 34,000-page mark last week, adding nearly 80 final regulations, along with 48 proposed regulations.

On to the data:

  • Last week, 79 new final regulations were published in the Federal Register. There were 75 new final rules the previous week.
  • That’s the equivalent of a new regulation every 2 hours and 8 minutes.
  • So far in 2014, 1,506 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,303 new regulations this year. This would be the lowest total in decades; this will likely change as the year goes on.
  • Last week, 1,351 new pages were added to the Federal Register.
  • Currently at 34,170 pages, the 2014 Federal Register is on pace for 74,935 pages, which would be the lowest total since 2009.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. 19 such rules have been published so far this year, none of them in the past week.
  • The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $2.33 billion to $2.72 billion. They also affect several billion dollars of government spending.
  • 119 final rules meeting the broader definition of “significant” have been published so far this year.
  • So far in 2014, 285 new rules affect small businesses; 42 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.