Category Archives: regulation

State of the Union Live-Blog

Meant to post this earlier. Here’s last night’s live-blog of the State of the Union:

8:46 Welcome to CEI’s live-blog of the 2010 State of the Union address. President Obama will be touching on all kinds of issues tonight. And I’ll have something to say about them all. But I’ll be paying special attention to what he has to say about regulation and spending. Keep refreshing this post every few minutes for fresh commentary.

8:54 Important people are filing in. Pundits are bloviating. Welcome to Washington.

8:58 Here comes the cabinet.

9:00 Peter Orszag and Christina Romer are there. Romer has done some excellent research on the Great Depression, by the way. Any monetarists out there would find much to like about what she has to say about monetary policy vs. fiscal policy.

9:06 The President enters. Much applause.

9:06 While waiting for the applause to die down, I’ll add that Romer thinks that monetary policy is what drives business cycles. Fiscal policy, such as stimulus spending, has little effect. I largely agree.

9:10 Speaker Pelosi introduces the President. Much applause. Many “thank yous.”

9:11 It begins.

9:11 He refers to the Constitution. Heh.

9:12 American exceptionalism. Neocons cheering somewhere, no doubt.

9:13 He inherited a bad situation. True enough. We must act? Not so much. The recession is largely a creation of over-active monetary and regulatory policy. Not a lack of policy.

9:14 First reference to “the children.”

9:15 He has said both “hope” and “change” already. Campaign 2012 has begun.

9:17 First standing ovation.

9:18 A government that matches our decency? Public choice theory is unknown on Capitol Hill, apparently.

9:18 He hates the bailout. Good! Why did he go through with it, then?

9:18 It was necessary. Unemployment would have doubled. Hyperbole. Now banks know they can continue taking stupid risks and get bailed out for it.

9:19 touts his fee on big banks that received bailouts.

9:20 20 tax cuts. Net tax cuts. While spending goes through the moon. Tax cuts are great, but spending cuts are more important. A tax cut now is a tax increase later if spending isn’t cut to match. An increase. Not a decrease. An increase.

9:22 Many jobs created. Touting the stimulus. Which takes money out of the economy, wastes some of it on bureaucracy, then puts it back into the economy. First instance of the broken window fallacy.

9:23 Anecdotes, people helped by stimulus spending. He sees what is seen. But not what is unseen. Those jobs, and that money, came from somewhere else. Each job created is one lost elsewhere.

9:25 Jobs, jobs, jobs. Bryan Caplan’s make-work bias lives.

9:25 Business creates jobs. Government can help. But only by taking money from somewhere else, and hurting businesses elsewhere. No net effect.

9:26 $30 billion transfer from “Wall Street” to “small businesses.”

9:27 small business tax credit. Eliminate capital gains tax on small businesses. Nice, but tax code simplification would be better. Lobbyists will be all over this one.

9:28 Infrastructure!

9:28 Rail! It’s the 19th century all over again.

9:29 Clean energy. Higher energy bills for all!

9:29 Keep jobs in America! Efficiency be damned! USA! USA! USA!

9:30 Jobs bill, ASAP. But full employment requires…

9:31 still waiting…

9:32 still waiting… the virtues of China’s economy…

9:33 financial reform! For starters. But don’t punish banks. Prevent recklessness. Good. Prevent dumb risks. House has already passed some reform. But lobbyists are all over.

9:34 And they will be as long as Washington is doling out money.

9:34 Plank 2: Innovation and science. More clean energy. More nuclear power. More offshore oil. More biofuels and clean coal. Comprehensive clean energy bil. Cap-and-trade light?

9:36 Consensus on global warming. Jeers from the crowd. Acknowledges doubts, touts clean energy again.

9:37 Plank 3 – trade. More exports! Double them in 5 years = 2 million jobs. National export initiative. Trade, of course, has almost zero effect on the number of jobs. It only affects the kinds of jobs. Also take measures to decrease imports. Renegotiate Doha. Is this a new protectionism?

9:40 4th plank – education. Only reward success. Not failure. Nice. Of course, that would mean less federal involvement in education, not more. Washington has no idea how to educate kids hundreds or thousands of miles away.

9:41 End taxpayer subsidy to banks for college loans. Substitute a tax credit and increase Pell grants. Forgive student loans after 20 years. Why bother paying back, then? This will bode well for future deficits.

9:43 Social Security fix – lend more to homeowners. Yeesh.

9:43 Health care!

9:44 Acknowledges unpopularity.

9:44 Anecdotes!

9:45 Blames insurance industry for regulatory failures. Emphasis on preventive care; no empirical research is cited for obvious reasons.

9:46 We can save money by spending money.

9:46 Reduce deficit by $1 trillion over 20 years. Last year and this year alone will incur nearly $3 trillion in deficits.

9:47 Temperatures cooling? Oh wait, he’s talking about health care.

9:48 Open to other proposals. Not bloody likely.

9:48 Pass a health care bill, any health care bill.

9:49 Spending.

9:50 Blames Bush for the deficit. Rightly so! Where’s he going with this, though?

9:51 Adding debt was the right thing to do. No mention of “the children” who will ultimately pay for it.

9:51 freeze certain types of discretionary spending for three years. This excludes most spending.

9:52. Save $20 billion this year. Or less than one percent of total spending.

9:53 Bi-partisan fiscal commission. Not exactly the Gramm Commission. Good idea, but beware the execution. Wayne Crews and I have done some research on this.

9:54 Pay-Go budget keeps spending in line. The data say otherwise.

9:54 Oh, the freeze won’t take effect until next year. The crowd laughs.

9:55 Says Bush cut regulations. Actually, he passed more than 30,000. See CEI’s Ten Thousand Commandments study for the exact numbers.

9;56 Deficit of trust in Washington, not just dollars. There’s a reason for that, you know. Two of them are the Republican and Democratic parties.

9:57 Excluded lobbyists from policymaking jobs. That isn’t actually true.

9:58 Doesn’t like the Citizens United decision. Or the First Amendment, for that matter. Wants a new campaign finance regulation bill. Presumably so it can be struck down on First Amendment grounds like the last ones.

9:59 I’m liking what he has to say on earmarks. Good luck to you, sir.

10:00 “can’t wage a perpetual campaign.” Tell that to Organizing for America.

10:01 Partisan politics get in the way of doing things. He’s right. And that’s exactly why I like gridlock.

10:02 Hey Republicans, no filibusters, please.

10:03 Will be talking more to the other side of the aisle.

10:03 National security!

10:04 Hope again. I haven’t been keeping track, but that’s at least 3.

10:05 Start getting out of Afghanistan in mid-2011. Good!

10:06 Out of Iraq by August. Good! Foreign aid to Iraq. Bad for Iraq!

10:07 Pork for veterans. Taking a page right out of the Gracchi playbook.

10:08 Nuclear deproliferation. I applaud the sentiment, but prohibition doesn’t work. Good luck to you, sir.

10:11 Would love to hear what Bill Easterly has to say about all the government-to-government transfer programs he’s touting.

10:12 Haiti. I completely agree with the ends. But the effectiveness of the means needs to be questioned.

10:13 Hate crimes. Thought crimes?

10:14 Let gays in the military. Nice! About bloody time.

10:14 Immigration. He has a positive view of immigration. Let’s hope that means much-needed liberalization. The more immigrants, the better. Those who are illegal, make them legal. It is the right thing to do. Obama says this is bi-partisan. I wish he was right.

10:16 Decries cynicism. There’s a reason for all that, you know.

10:19 Anecdote!

10:19 Another anecdote!

10:19 A third!

10:20 A fourth!

10:20 “I don’t quit!” Reminds me of Brett Favre’s advice to a startled referee: take two weeks off, then quit.”

10:21 End of speech.

10:26 Here comes Bob McDonnell’s Republican response. Get ready to be disappointed!

10:30 Thank yous and much applause.

10:31 Jobs. Jobs for all! Good end. The means?

10:31 So far, indistinguishable from Obama.

10:32 Calls for less taxation, regulation, etc. Quotes Jefferson. Says government is trying to do too much. Now he sounds different.

10:33 Likes Obama’s spending freeze. Says it’s small. Not often one hears a politician calls a spending non-increase anything other than draconian.

10:34 Likes bipartisanship. I like gridlock. Boo!

10:34 Likes the Shadegg health insurance reform. And medical malpractice reform. No specifics, though.

10:35 Energy. More of everything! Why isn;t anyone saying, “let the market decide?” Why must government, no matter the party, pick winners and losers?

10:36 Government energy policy can create jobs. Oh, wait, that costs money and jobs from elsewhere. Broken window fallacy again.

10:37 Education. Likes merit pay and school choice. Nothing about reducing federal involvement in this state and local issue.

10:38 Wars abroad. Daughter served abroad. Laudable. But nothing to do with the merits of nation-building.

10:39 Doesn’t like giving due process to the underwear bomber. Well, he’s probably guilty. Let’s find that out for sure and then punish him accordingly, then! What’s to be gained from denying due process?

10:40 I’m liking his rhetoric about taxes, spending, and regulation. But I’ll believe it when I see it. Which is probably never.

10:41 Haiti. Less than a paragraph.

10:42 Big role for government in creating opportunity.

10:43 One more call for bipartisanship, and a big sop to the Religious Right. An utterly conventional speech. If you thought liberals and conservatives have fundamental philosophical differences, think again. Two sides of the same coin.

10:44 That’s all for tonight. CEI scholars will have more in-depth analysis for you tomorrow. Thanks for reading!

Grading Obama’s First Year

CEI has just released a comprehensive report card on the administration’s first year in office. My contribution is below. The full report card is here.

C- Office of Management and Budget – Peter Orszag, Director
Grader: Ryan Young, Journalism Fellow

Spending and deficits are far higher than under President George W. Bush, himself a big spender. But Obama can’t be given all the blame. The bailout and stimulus spending programs that caused much of the fresh red ink got their start under Bush. In a potentially positive regulatory development, the number of pages in the Federal Register decreased from 79,435 in 2008 to 69,676 in 2009. Of course, the contents of those pages matters more than how many of them there are. And on that front, the new administration is business as usual.

That Didn’t Take Long

Today is the fourth working day of the new year. The Federal Register is already over 1,000 pages long.

At this rate, the 2010 Federal Register will hit 63,187 pages. This is an improvement over 2009, when it reached 69,676 pages. In 2008, it was 79,435 pages.

Regulation of the Day 88: College Football’s Playoff System

College football is bringing big bucks to K Street as lawmakers take aim at dismantling the Bowl Championship Series,” says a recent story in Politico.

A six-figure sum is being spent lobbying what really shouldn’t be a government issue. Millions more are being spent on other issues affecting college sports.

There’s even a PlayOff PAC that gives money to politicians who take an active stance on college football playoff reform.

True, the BCS playoff system could definitely use an overhaul. But that’s a job for the NCAA. Not Congress.

On the other hand, legislators do considerably less harm when they spend their time on college football instead of, say, health care or fiscal stimulus.

Antitrust as Corporate Welfare for Aggrieved Competitors

Wayne Crews and I have an article in today’s American Spectator about the antitrust crusade against Intel. Our key points:

-An FTC picking winners and losers is not capitalism. It is crony capitalism.

-Chips in “Wintel” desktop computers increasingly constitute just one subset of a vast semiconductor market. Only a small fraction of the chips in non-PC devices are Intel’s — and these devices are where the future lies.

-Regulators’ charges against Intel have changed over the years, but their verdict always remains the same: guilty. Suspicious.

-We’d be better off prosecuting the DOJ and the FTC for colluding against free enterprise.

Did Deregulation Cause the Great Recession?

Over at RealClearMarkets, I explain why the answer is a resounding no:

Rep. Phil Hare argues that “reckless deregulation” is one of the causes of the current economic crisis. That isn’t actually true. This year’s edition of the Competitive Enterprise Institute’s Ten Thousand Commandments report found that 3,830 new regulations came into effect in 2008 alone.

Over 30,000 total new rules passed during the Bush years. Hardly any were repealed. Businesses currently dole out the equivalent of Canada’s entire 2006 GDP – about $1.2 trillion – just to comply with federal regulations.

Where is the deregulation?

263,989 people make their living working for federal regulatory agencies, according to research from the Mercatus Center. That’s an all-time high.

12,190 of them regulate financial markets from Washington. More are based in New York and other financial centers. None of these figures include state and local rules and regulators. Those cost extra.

Making Broadband Accessible: Innovation, Not Intervention

FCC regulators want to provide wider and cheaper broadband access by subsidizing it, raising taxes, and forcing network owners to share their network infrastructure with competitors.

A few things the FCC should consider:

-Subsidies don’t make broadband access any less expensive. They just change who pays for it. In this case, that would be anybody with a phone. Which probably includes you. The great economist Ludwig von Mises observed that “A government can no more determine prices than a goose can lay hen’s eggs.”*

-The tax would make owning a phone more expensive. And when something becomes more expensive, people consume less of it. With tax-exempt technologies like Skype and Google Voice now available, people can switch away from a taxed phone to something cheaper more easily than ever. The more people who do that, the less revenue the phone tax would generate, defeating its very purpose.

-If a company has to share its network infrastructure with its competitors, it loses the incentive to maintain and improve that network. Why invest millions of dollars if it will help your competition just as much as yourself? Quality suffers. So does innovation. In the long run, it is innovation, not FCC intervention, that will make broadband affordable and accessible for everyone. The long-run view is just as important as the short-run view here.

-Land-based networks are expensive to build in rural areas. The cost per customer is huge compared to denser urban areas. Fortunately, that isn’t as much of a problem for wireless technologies. The FCC seems hellbent on the land-based networks since wireless networks aren’t yet advanced enough for mass-market broadband service. But they will be soon enough. And every dollar spent on old-fashioned wired networks is a dollar unavailable for improving wireless service. An unintended consequence of FCC intervention would be slower innovation.

*Ludwig von Mises, Human Action, 4th ed., (Irvington-on-Hudson New York: Foundation for Economic Education, 1996 [1949], p. 397.

Oyster Ban Update: Partial Victory!

Remember the raw oyster ban from a recent Regulation of the Day? I am happy to report a partial victory (hat tip to Jacob Grier).

The ban, due to take effect in 2011, has not been repealed outright. But, in response to public outcry, it has been delayed:

The FDA announced it would commission a study to explore alternatives to reducing the illness vibrio vulnificus, and also do an economic analysis of how the ban would impact the oyster industry.

“Before proceeding, we will conduct an independent study to assess how post-harvest processing or other equivalent controls can be feasibly implemented in the Gulf Coast in the fastest, safest and most economical way,” according to an FDA news release.

Andrew Cuomo Sues Intel

cuomo3

Over at the Washington Examiner‘s Opinion Zone, Wayne Crews and I explain why New York Attorney General Andrew Cuomo’s antitrust lawsuit against Intel is a mistake.

Calling Intel’s business practices “bribery” and “coercion” is little more than argument by assertion. Rebates and exclusivity deals are normal competitive behavior. Not only is Intel facing increasing competition in its home turf, that small segment is hardly the extent of the relevant competitive market. Intel faces an uncertain future as consumer tastes shift to smaller products powered by non-Intel chips. Cuomo’s antitrust lawsuit does not stand up to scrutiny. It deserves to be dropped.

Antitrust policies thwart the competitive process whenever and wherever they are applied.

Unfunded Mandates

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Today’s American Spectator Online has a piece by CEI VP Wayne Crews and I on curbing Congressional abuse of  unfunded mandates. If the term is new to you, unfunded mandates are basically an accounting gimmick that lets government understate how much it costs taxpayers:

rather than fund a new federal job training program through a Department of Labor appropriation, Congress could mandate that all Fortune 500 firms provide, and pay for, such training. The first appears on the federal budget, the second does not. For politicians, it’s the perfect scheme. The government can spend — or, rather, force other people to spend — as much as it wants without adding to the deficit.

Decency demands this trickery stop; a bill from Rep. Virginia Foxx looks like it would do some good on that front.