Monthly Archives: November 2018

It’s Not What it Looks Like

According to Google, I was recently cited in an article on sandhillsexpress.com. It isn’t nearly as saucy as the URL implies.

GM Layoffs, Tariffs, and Subsidies

Over at Fox Business, I explore three lessons policy makers should learn from General Motors’ announcement of 14,700 layoffs and five plant closures:

One, GM is being too shy about the reasons for the layoffs. President Trump’s tariffs have already cost the company a billion dollars. GM is skirting the topic, possibly to avoid political blowback—a strategy that is already not working.

Two, President Trump is right to want to end GM’s government subsidies, but for the wrong reasons.

Three, contrary to popular belief, U.S. manufacturing is healthy, despite GM’s bad news.

On that third point, real value-added manufacturing output recently set an all-time record, eclipsing the old mark set in 2007. As is often the case, popular fears are unfounded. Read the whole thing here.

This Week in Ridiculous Regulations

It was another short work week due to Thanksgiving, while Black Friday’s ritual tramplings put a damper on that day’s productivity. Last week agencies published more than 2,000 Federal Register pages, pushing this year’s total over 60,000. The number of this year’s new regulations will likely surpass 3,000 next week. New regulations from the last week range from passenger trains to Zodiac seats.

On to the data:

  • Last week, 50 new final regulations were published in the Federal Register, after 40 the previous week.
  • That’s the equivalent of a new regulation every three hours and 22 minutes.
  • Federal agencies have issued 2,976 final regulations in 2018. At that pace, there will be 3,293 new final regulations. Last year’s total was 3,236 regulations.
  • Last week, 2,157 new pages were added to the Federal Register, after 1,619 pages the previous week.
  • The 2018 Federal Register totals 60,332 pages. It is on pace for 66,739 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Five such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2018’s economically significant regulations is a net savings ranging from $348.9 million to $560.9 million.
  • Agencies have published 98 final rules meeting the broader definition of “significant” so far this year.
  • So far in 2018, 572 new rules affect small businesses; 24 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.

Free Trade and Elections

Over at the American Institute for Economic Research, Max Gulker has a perceptive take on why support for free trade doesn’t much matter for winning or losing elections. As he points out, tariffs “were only a hot campaign topic in select states and congressional districts. When candidates did discuss trade, they presented it as an issue of gamesmanship rather than economics.”

In other words, politics and policy are different things.

Gulker is also kind enough to cite something I wrote a while back about public choice and trade. Aside from that, he makes a valuable contribution to the debate.

This Week in Ridiculous Regulations

It was a short work week due to Veterans Day, as most Americans took time to reflect on the centenary of the World War I armistice. Readers interested in learning more about that terrible war can turn to Barbara Tuchman’s The Guns of August, Adam Hochschild’s To End All Wars, or literature from the period such as Erich Maria Remarque’s All Quiet on the Western Front and Wilfred Owen’s War Poems. Owen, a soldier and a poet, was killed days before the armistice. Meanwhile, agencies issued new regulations ranging from RVs to commercial hogfish fishing.

On to the data:

  • Last week, 40 new final regulations were published in the Federal Register, after 54 the previous week.
  • That’s the equivalent of a new regulation every four hours and 12 minutes.
  • Federal agencies have issued 2,926 final regulations in 2018. At that pace, there will be 3,296 new final regulations. Last year’s total was 3,236 regulations.
  • Last week, 1,619 new pages were added to the Federal Register, after 1,007 pages the previous week.
  • The 2018 Federal Register totals 58,174 pages. It is on pace for 65,512 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Five such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2018’s economically significant regulations is a net savings ranging from $348.9 million to $560.9 million.
  • Agencies have published 96 final rules meeting the broader definition of “significant” so far this year.
  • So far in 2018, 559 new rules affect small businesses; 23 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.

This Week in Ridiculous Regulations

The midterm elections finally happened. The good news is no more political ads for a while; the bad news is that a bunch of politicians won election or reelection. Democrats won a House majority, while Republicans retained the Senate. CEI analysts have had plenty to say on what this means for a variety of issues for thenext two years. Meanwhile, agencies issued new regulations from granting asylum to quahog quotas.

On to the data:

  • Last week, 54 new final regulations were published in the Federal Register, after 68 the previous week.
  • That’s the equivalent of a new regulation every three hours and seven minutes.
  • Federal agencies have issued 2,886 final regulations in 2018. At that pace, there will be 3,310 new final regulations. Last year’s total was 3,236 regulations.
  • Last week, 1,007 new pages were added to the Federal Register, after 1,066 pages the previous week.
  • The 2018 Federal Register totals 56,253 pages. It is on pace for 64,511.                                                         pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Five such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2018’s economically significant regulations is a net savings ranging from $348.9 million to $560.9 million.
  • Agencies have published 95 final rules meeting the broader definition of “significant” so far this year.
  • So far in 2018, 553 new rules affect small businesses; 23 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.

Rhetoric and Emotion

The beginning of Aristotle’s On Rhetoric has a lesson for staying informed despite today’s dominant political strategy:

Appeals to the emotions warp the judgment.

One of Aristotle’s main points is that rhetoric by itself is morally and ideologically neutral. A skilled rhetorician can use this weakness in human cognition for either good or evil. To do sound policy analysis, one must be aware when the emotional appeal strategy is being used, especially towards illiberal ends.

In the News: Steel Tariffs

An ABC News story cites some research I did finding that President Trump’s steel tariffs will increase car prices by an average of about $250.

A few weeks ago, ABC News also quoted me on how steel tariffs are affecting the economy:

Saving 33,000 steel-industry jobs costs the economy 179,000 jobs, a net loss of 146,000, Ryan Young, a fellow in regulatory studies at the Competitive Enterprise Institute, told ABC News.

“Basically,” Young added, “the few are benefiting at the expense of the many.”

What Do the Midterms Mean for Trade?

Trade was a highly contentious issue during President Trump’s first two years. He has doubled tariffs, other countries have enacted equivalent retaliatory tariffs, and tensions are unlikely to ease anytime soon. This unease will not change under a newly divided Congress. The midterm elections will have significant implications for trade policy in the short, medium, and long runs.

The biggest short-term question will be what happens to the renegotiated NAFTA, called the United States-Mexico-Canada (USMC) Agreement. Congress is currently in the middle of a 90-day window to vote on the revised agreement, but Republicans are lukewarm on it. Many Republicans share economists’ skepticism of President Trump’s trade protectionism. At the same time, they are reluctant to buck a Republican president—some Republicans have even gone one further and reversed their stances on trade and other issues in deference to the president. Lame duck Republicans will likely punt to the next Congress in an attempt to avoid cognitive dissonance.

That’s where the new Democratic House majority comes in. The new NAFTA/USMCA changes very little in terms of actual trade policy. But it has significant symbolic value as a political victory for President Trump. Democrats would love to deny Trump this victory. But they will also be reluctant to cause further tensions with Canada and Mexico’s governments, staunch allies which endured many slights during the negotiating process, both domestically and from President Trump. They would like to have something to show for their indignities, even if it’s just getting President Trump out of their hair for a bit. This could push foreign policy-minded Democrats in favor of passing NAFTA/USMCA. At this point, it is hard to predict which impulse is stronger.

This is also partially because Democrats are just as divided as Republicans on trade issues. Traditional Democrats often favor a more-or-less open approach to trade, not terribly different from the average pre-Trump Republican. The original NAFTA and the creation of the World Trade Organization happened under Bill Clinton, and President Obama signed about half a dozen trade agreements that liberalized trade on net. Going further back, President Kennedy signed a major trade bill in 1962 that led to a successful round of international negotiations bearing his name that sharply reduced tariffs around the world. Franklin D. Roosevelt’s Secretary of State, Cordell Hull, presciently argued that if goods do not cross borders, soldiers will.

Democrats have slowly become more protectionist in recent years, with Sen. Charles Schumer (D-NY) even arguing for a 27.5 blanket tariff against Chinese goods in the mid-2000s. This makes him roughly 2.5 percentage points different from President Trump, which sounds about right. But Trump’s vocal advocacy of government-managed trade has pushed many Democrats somewhat back towards the free trade side.

At the same time, the party’s labor and environmental wings tend to oppose free trade. Labor interests often see protectionism as a rent-seeking opportunity to kneecap competitors. Many environmental activists reflexively oppose policies that create wealth and development. The party’s ideological left flank also tends towards protectionism; Sen. Bernie Sanders (I-VT) is uncomfortably similar to President Trump on trade.

In the medium term, between now and the 2020 election, President Trump hopes to pursue trade agreements with the United Kingdom, European Union, and Japan. As with NAFTA/USMCA, House Democrats will be eager to deny President Trump a political victory. The question is whether Democrats can overcome their own protectionist elements enough to be an effective opposition party.

The biggest long-term policy that could come out of the new congressional alignment is similar to the biggest possible upside to regulatory reform: a renewed separation of powers. Under the Constitution, only Congress has the power to tax. But Congress delegated away much of its tariff-setting authority to the president during the 1960s and 1970s. That is how President Trump was able to enact so many tariffs without congressional input. Democrats should rein in a too-powerful executive branch and reclaim Congress’ intended constitutional taxing authority.

Trade will be a busy issue for at least the next two years. Unlike their Republican colleagues, the new Democratic House majority can be an effective check against President Trump’s government-managed trade policies. But they have to keep their own populist impulses in check in order to do so effectively. Perhaps Iain Murray’s and my “Traders of the Lost Ark” can serve as a guide, as well as excellent primers by Don Boudreaux and Pierre Lemieux.

What Do the Midterms Mean for Regulatory Reform?

A divided Congress probably means the status quo will reign on regulation. This is a mixed bag from a free-market perspective. President Trump made some positive reforms upon taking office, but they were via executive order, and can be easily overturned by a future president—Congress needs to pass legislation to give reforms any staying power. Barring a lame duck miracle, that won’t happen now. Republicans blew a rare opportunity.

President Trump’s executive order reforms include a one-in-two-out rule for new regulations, and a requirement for agencies to add zero net regulatory costs—a de facto regulatory budget, which the Competitive Enterprise Institute has been advocating for more than 20 years. Agencies are not exactly transparent with their data. But based on what we do know, it’s possible that total regulatory burdens have not only stopped growing, but might have even gone down by as much as 1 percent over the last two years.

The main reform priority is the rulemaking process itself. It’s nice to get rid of this or that unfair, obsolete, or burdensome rule, but those are just symptoms. The root problem is the process that allows such regulations through in the first place. Better results require better rules. This cannot be overemphasized.

Congressional Democrats mostly oppose process-level regulatory reforms. Legislation to make recent reforms permanent, or enact further reforms, are unlikely to pass on their watch. But there is one long-running trend that should bring at least some Democrats over to reformers’ side: separation of powers.

Over the last several decades, Congress has slowly but steadily delegated away more and more of its legislative powers to executive branch agencies. Congress will usually pass a little more than 100 bills in a given year; agencies will issue more than 3,000 regulations. Considering who currently runs the executive branch, congressional Democrats are more open than usual to pleas for a more healthy separation of powers, and increased executive branch transparency. This is only a possibility, but well worth pursuing.

At a more concrete level, House Democrats will be unable to legislatively undo President Trump’s executive orders; the GOP Senate won’t allow it. At the same time, if the Senate passed reform legislation, the House wouldn’t let it through. What one hand giveth, the other taketh away.

Even so, it is important to reintroduce reform bills such as the REINS Act, Regulatory Accountability Act, Regulatory Improvement Act, and more. They will almost certainly not pass in the 116th Congress. But keeping the reforms alive in ready legislative form will make them easy to pass if political wins change, and provide opportunities for constructive dialogue about the importance of process reform, transparency, and the separation of powers—concepts which apply to issues far beyond regulatory reform.

In short, when it comes to regulatory reform in the next Congress, not much will happen. But there is much to do.