Monthly Archives: December 2018

This Week in Ridiculous Regulations

The shutdown continued all through Christmas week. But because the Federal Register works on a few days lag for many of its publications, it still had plenty of activity. It will also continue daily publication throughout the shutdown. But if the shutdown lasts much longer, the Register will likely go into a near hibernation, with daily page and rule counts possibly going into single digits.

The net impact of the shutdown will likely be near-zero. Notices and regulations would be published at different times, rather than not at all. Federal employees typically receive back pay for the time they are idled. There is also the matter that roughly 75 percent of the federal government is unaffected by the shutdown. With that context out of the way, new rules range from the last week range from kiwi fees to hydropower recreation.

On to the data:

  • Last week, 92 new final regulations were published in the Federal Register, after 82 the previous week.
  • That’s the equivalent of a new regulation every one hour and 50 minutes.
  • Federal agencies have issued 3,372 final regulations in 2018. At that pace, there will be 3,386 new final regulations. Last year’s total was 3,236 regulations.
  • Last week, 1,599 new pages were added to the Federal Register, after 1,641 pages the previous week.
  • The 2018 Federal Register totals 67,676 pages. It is on pace for 67,949 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. Six such rules have been published this year, one in the last week—the first since June 12.
  • The running compliance cost tally for 2018’s economically significant regulations ranges from $220.1 million to $2.54 billion. Until last week, the net costs were actually net savings.
  • Agencies have published 108 final rules meeting the broader definition of “significant” so far this year.
  • So far in 2018, 656 new rules affect small businesses; 29 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.

Arthur C. Clarke – Imperial Earth

Arthur C. Clarke – Imperial Earth

The protagonist was raised on a small colony on Saturn’s moon Titan, and is one of its political leaders. He makes a trip to Earth for diplomatic business and while there, happens upon a scientific discovery that could change civilization forever. The cultural dynamics, technology, and travel in the early parts are thought-provoking, as is the meditation of the ethics of human cloning. The story also has the fun quality of a murder mystery in the later parts.

Arthur C. Clarke –Childhood’s End

Arthur C. Clarke –Childhood’s End

This book has never been made into a movie, though the opening scene clearly inspired Independence Day. From there Clarke takes a very different path from Will Smith and company. The storyline serves as a vehicle to ponder humankind’s place in the universe,and what interspecies personal, political, and hierarchical relations might be like. The book also contains a bit of the paranormal, such as telepathy, premonitions, and collective memories. Years later Clarke was quick to disavow these aspects of the story, reminding readers that this is, after all, a work of fiction.

Bryan Caplan – The Case Against Education

Bryan Caplan – The Case Against Education

Or rather, against more formal classroom schooling than necessary. The title is a misnomer; in a way this book is a data-backed confirmation of Mark Twain’s quip about the difference between schooling and education.

Once students get past basic math and literacy, most of what they learn in the classroom, whether history or calculus, is useless in most jobs and unused in most lives. College degrees are less about building human capital and more about signaling—a credential certifying a certain amount of intelligence, work ethic, and conformity.

Tamping back on signaling-only degrees would reduce “credential inflation” and spare millions of people from crippling debt and hundreds of hours of drudgery. At the same time, Caplan, who deeply values education, encourages opening the life of the mind in other, higher-quality ways—good conversation, books on interesting subjects, movies, culture, online courses, travel, and more.

An Executive Order to Shine Light on Dark Matter

Over at The Hill, Wayne Crews and I make the case for an executive order that would limit executive power. It’s more plausible than it sounds:

There is precedent for such executive action. Ronald Reagan, Bill Clinton, and Barack Obama all issued executive orders to increase transparency and ensure that federal agencies follow better rulemaking procedures…

An executive order can set a positive precedent that Congress can later expand upon and codify. Such an executive order should strengthen disclosure requirements for guidance documents, which are not always made public. They should be made available in a single location and a standardized easily searchable format. After all, people cannot comply with regulations they do not know about.

Read the whole piece here. Wayne develops the idea more fully in his recent study “A Partial Eclipse of the Administrative State.”

Best Books of 2018: Clashing over Commerce

Re-posted from cei.org.

Review of Clashing over Commerce: A History of U.S. Trade Policy by Douglas Irwin (University of Chicago Press, 2017).

Douglas Irwin’s magnum opus, published at the end of 2017, is already a classic. Given the prominent role trade is playing in politics right now, it is also very timely. At almost 700 pages, “Clashing over Commerce” looks intimidating. But once you start reading, it isn’t. Irwin tells a coherent story that spans generations, showcasing the prominent personalities in the great trade debate, their larger philosophical and economic arguments, and the legislation and policies they fought over. It hits on all levels.

At the same time, Irwin’s chronological structure also makes it easy to focus on one area of interest. So readers, take advantage of the index and the table of contents if you don’t care to read the whole thing.

Interested in how tariffs contributed to the Civil War? Turn to chapter 4. Interested in the Depression-era Smoot-Hawley tariff?  Go to chapter 8 (Irwin also wrote a whole book, “Peddling Protectionism,” on Smoot-Hawley). The World Trade Organization and the bi- and multi-lateral trade agreements in today’s controversies get their due in later chapters.

One of Irwin’s biggest takeaways is that the trade debate’s basic arguments haven’t changed much over the years. President Thomas Jefferson embargoed British trade for both economic and national security reasons, and the policy was a failure. The current administration can learn from the precedent in its ongoing scrap with China.

The industrializing North’s advocacy for tariff protection against foreign competition was one of the 19th century’s biggest rent-seeking stories, and added to North-South tensions both before and after the Civil War. There are important lessons here for tamping back today’s corporate welfare and cultural divisions. The period also spawned the wonderfully-named 1828 Tariff of Abominations.

“Infant industry” protection arguments were as wrong for the 1890s tinplate industry as they are for today’s technology and green-energy industries.

Franklin Roosevelt’s Secretary of State, Cordell Hull, argued that if goods do not cross borders, soldiers will. His words are as wise today as they were when World War II broke out. Cordell’s sentiments also guided a postwar trading system that emphasized peace as much as growth. That system sharply reduced tariffs worldwide until last year. It is an important reason why absolute poverty is now below ten percent of world population for the first time, and war and other forms of violence are continuing their long-run decline.

Irwin identifies another larger theme that applies to issues far beyond trade and tariffs: mission creep. Tariffs were originally intended only to raise revenue. Protective tariffs were strictly forbidden. Of course, a tariff is a tariff, no matter the reason. Alexander Hamilton was one of the first advocates of a national government-directed industrial policy, and tariffs played a major role in his vision.

His proposals were mostly shot down, but as the years went by, more and more people followed Hamilton’s lead. Some were rent-seeking opportunists using Hamilton’s arguments as fig leaves. But other protectionists were sincere, espousing everything from nationalism, anti-foreign sentiment, and economic imperialism to arguments about economic efficiency and saving on transportation costs.

The process continued even after the 16th Amendment passed in 1913, and the new income tax displaced tariffs as the primary federal revenue source. Today, even after Trump’s doubling of tariffs, they raise less than one half of one percent of federal revenue. Tariffs are now strictly for tilting the economic playing field.

Today, the mission creep has gone global. Tariffs have become a brinksmanship tactic—I won’t lower my tariffs unless you lower yours first. This is folly, of course. As the economist Joan Robinson said, if your trading partner dumps rocks in his harbor, the solution is not to dump rocks in yours.

Trade agreements have also become a negotiating tool, and have creeped beyond just tariffs. It is now standard procedure to add trade-unrelated provisions to trade agreements, such as labor, environmental, and regulatory policies. Activists and rent-seekers both find fertile ground here.

In a classic Baptist-and-bootlegger dynamic, labor activists advocate adding expensive labor regulations to trade agreements to hobble foreign competition, though they publicly cite the need to improve foreign working conditions. Environmental activists are often willingly played by rent-seeking green energy producers to advocate for windfall environmental standards and other lucrative non-trade clauses. Steel and other manufacturing industries play to peoples’ nostalgia and patriotism to get their own special favors added to agreements.

All this is a far cry from the original neutral-revenue tariff. This continuing development is why Irwin divides his book into three main eras—revenue, restriction, and reciprocity. Revenue raising became protectionism, and now tariffs are a reciprocal weapon in international negotiations. When the Trump trade war cools down, Irwin will need to add an especially eventful chapter to an updated edition. Hopefully future years will inspire a fourth era—one of openness, peace, and free trade.

Previous posts in the Best Books of 2018 series:

Edmund Burke – Reflections on the Revolution in France

Edmund Burke – Reflections on the Revolution in France

I read this as part of an attempt to understand populism. Burke, an 18thcentury Englishman, favored the American Revolution, but opposed the French Revolution. This seems strange at first glance. But it actually makes quite a bit of sense.

Burke saw the American Revolution as a restoration of traditional British values, such as the rule of law. The French Revolution consciously rejected tradition and tried to create a brand new man from scratch. The result was the rule of the mob, not the rule of law, and the Terror.

The parallels to today’s rise of populism on the left and especially the right during the last few years make Burke quite relevant; suffice it to say that despite, or perhaps because of his conservatism, he would not be a Trump supporter.

Burke overemphasizes tradition in my opinion, and takes a few ugly stances in the book common to his time, especially regarding Jews. But he is a perceptive analyst, and his arguments are as powerful against today’s populist threats as they were against the ones in Burke’s time.

James M. Buchanan – Ideas, Persons, & Events: The Collected Works of James M. Buchanan, Volume 19

James M. Buchanan – Ideas, Persons, & Events: The Collected Works of James M. Buchanan, Volume 19

An essay collection that shows Buchanan’s wide range of interests. Most economists stick to their discipline, rarely wandering outside its comfortable enclosure. Buchanan thought, read, and wrote on a much bigger scale, incorporating political science, philosophy, history, literature, and more into his work. About the only thing Buchanan wasn’t interested in was agrarian poetry, a bizarre allegation of some of his critics. And he was delighted to be at least as influenced by his colleagues as they were by him. Those aspects of this book, and Buchanan’s larger research program, are as valuable as its contents.

This Week in Ridiculous Regulations

In an eventful week that included criminal justice reform, shutdown drama, and cabinet drama, this year’s new regulations exceeded 2017’s total with more than a week to spare. Rulemaking agencies issued regulations ranging from satellite royalties to tax preparer penalties.

On to the data:

  • Last week, 82 new final regulations were published in the Federal Register, after 76 the previous week.
  • That’s the equivalent of a new regulation every two hours and 3 minutes.
  • Federal agencies have issued 3,266 final regulations in 2018. At that pace, there will be 3,333 new final regulations. Last year’s total was 3,236 regulations.
  • Last week, 1,641 new pages were added to the Federal Register, after 1,050 pages the previous week.
  • The 2018 Federal Register totals 66,075 pages. It is on pace for 67,424 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. Six such rules have been published this year, one in the last week—the first since June 12.
  • The running compliance cost tally for 2018’s economically significant regulations ranges from $220.1 million to $2.54 billion. Until last week, the net costs were actually net savings.
  • Agencies have published 108 final rules meeting the broader definition of “significant” so far this year.
  • So far in 2018, 638 new rules affect small businesses; 29 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.

Kim Brooks – Small Animals: Parenthood in the Age of Fear

Kim Brooks – Small Animals: Parenthood in the Age of Fear

Brooks’ narrow point is that the type of people who call 911 on mothers for briefly leaving kids in the car while running into a store are not good Samaritans. They are assholes. Such busybodies cause family distress, legal fees and court costs, and can even separate families.  This happened to Brooks, who tells her story in this book, and felt lucky to be allowed to keep her kids.

Her larger point is that much parenting these days is rooted in a mix of fear and competition. This benefits neither parent nor child—what happened to Brooks is a symptom of a much larger problem.

Many parents are scared to leave their kids unsupervised at all for fear of statistically meaningless dangers. The rate of kidnappings is so low, for example, that the average child would have to spend 750,000 years unsupervised in a park in order to reasonably expect an abduction to happen. Moreover, only 3 percent of abductions are by strangers; a child would have to be unsupervised for more than 22 million years to reasonably expect a “stranger danger” abduction.

Total child mortality rates are also half what they used to be forty years ago. Kids have never been safer, yet many parents won’t even let their kids play outside.

This also leads to an unhealthy parental competition; parents signal competence and compassion by scheduling and structuring every waking hour, and advertising that fact to other parents, and judging and shaming parents who don’t follow suit. This unhealthy cultural shift overstresses parents and developmentally stunts children, who have fewer opportunities to learn the skills they need to become independent adults.