Liberty Links

Reason
Foundation

Reason.com

Reason.tv

Cato Institute

International
Society for
Individual
Liberty

Future of
Freedom
Foundation

Patriot
Post

Foundation
for Economic
Education

The Freeman
Ideas on Liberty

Advocates for
Self-Government

South Bay
Open Carry

Fully Informed
Jury Association

Biography of
Dale Ogden

Dale Ogden
for Governor
of California

 

Welcome to
Dale Ogden’s Blog on
www.dalefogden.net

I want
Individual Freedom
Personal Responsibility
Minimum Government
Minimum Taxes

Free Minds & Free Markets
(with acknowledgement to
the
Reason Foundation)

Dale Ogden for Governor
of California 2010
www.dalefogden.org

 “Small Government is Beautiful”

For more information, e-mail
dfo@dalefogden.net

FaceBook_Icon twitter_icon linkedIN 

“Any alleged ‘right’ of one man, which necessitates the violation of the rights of another, is not and cannot be a right.” — Ayn Rand

“Dependence begets subservience and venality, suffocates the germ of virtue, and prepares fit tools for the designs of ambition.” —Thomas Jefferson, Notes on Virginia, Query 19, “Manufactures” [1781]

“The whole aim of practical politics is to keep the populace alarmed, and hence clamorous to be led to safety, by menacing it with an endless series of hobgoblins, all of them imaginary.” – H.L. Mencken

“The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning, but without under­standing.” — Judge Louis D. Brandeis

“Eternal vigilance is the price of liberty.” — Wendell Phillips

“The term bipartisan usually means some larger-than-normal government deception is taking place.” – H.L. Mencken

“Always refer, in pitying, sympathetic tones, to the ‘Liberal psychopathology.’ This implies that liberalism is a form of mental illness...which it is.

 

11/29/2011: Important Perspective on Imports by Don Boudreaux

The chart above displays U.S. imports by category for 2011 (through September) and shows that roughly 58% of imported goods are: a) industrial supplies and b) capital equipment that are being purchased by U.S. producers.  If we were to completely eliminate tariffs on imports, U.S. manufacturers relying on foreign inputs would receive significant benefits, while other U.S. manufacturers competing against imports would be less protected from foreign competition.

Barney-Frank.jpg

11/27/2011: Scientists in Revolt against Global Warming by Karin McQuillan

Global warming became a cause to save life on earth before it had a chance to become good science. The belief that fossil fuel use is an emergency destroying our planet by CO2 emissions took over the media and political arena by storm. The issue was politicized so quickly that the normal scientific process was stunted. We have never had a full, honest national debate on either the science or government policy issues.

Everyone "knows" that global warming is true. The public has no idea of the number of scientists -- precisely one thousand at last count of a congressional committee -- who believe that global warming is benign and natural, and that it ended in 1998. We have not been informed of the costs to our economy of discouraging fossil fuel development and promoting alternatives. The public need to know the choices being made on their behalf, and to have a say in the matter. We are constantly told that the scientific and policy debate on global warming is over. It has just begun.

What is never discussed is this: the theory of global warming has catastrophic implications for our economy and national security. Case in point: Obama's recent decision to block the Keystone pipeline in order to placate global warming advocates. Key Democrat supporters fear the use of oil more than they care about losing jobs or our dangerous dependence on the Mideast for oil. The president delayed the pipeline by fiat, and the general public has had no say. (For the impact on our economy, see my article, "The Whole Country Can Be Rich.")

President Obama has spoken out passionately on the danger of developing oil and gas because of man-made global warming. "What we can be scientifically certain of is that our continued use of fossil fuels is pushing us to a point of no return. And unless we free ourselves from a dependence on these fossil fuels and chart a new course on energy in this country, we are condemning future generations to global catastrophe."

Obama calls for the debate to end. He cites hurricanes as proof: "dangerous weather patterns and devastating storms are abruptly putting an end to the long-running debate over whether or not climate change is real. Not only is it real -- it's here, and its effects are giving rise to a frighteningly new global phenomenon: the man-made natural disaster."

Happily, our president is wrong. The worst hurricanes were in 1926, the second-worst in 1900. The world's top hurricane experts say that there is no evidence that global warming affects storms. There is no such thing as a man-made hurricane. Storm cycles and long patterns of bad weather are entirely natural. Yet this good news is suppressed by our politicized media. We hear only one side.

More and more scientists are revolting against the global warming consensus enforced by government funding, the academic establishment, and media misrepresentation. They are saying that solar cycles and the complex systems of cloud formation have much more influence on our climate, and account for historical periods of warming and cooling much more accurately that a straight line graph of industrialization, CO2, and rising temperatures. They also point out that the rising temperatures that set off the global warming panic ended in 1998.

It takes a lot of courage. Scientists who report findings that contradict man-made global warming find their sources of funding cut, their jobs terminated, their careers stunted, and their reports blocked from important journals, and they are victimized by personal attacks. This is a consensus one associates with a Stalinist system, not science in the free world.

Here is how it has worked. The theory that entirely natural sun cycles best explain warming patterns emerged years ago, but the Danish scientists "soon found themselves vilified, marginalized and starved of funding, despite their impeccable scientific credentials." Physicists at Europe's most prestigious CERN laboratory tried to test the solar theory in 1996, and they, too, found their project blocked. This fall, the top scientific journal Nature published the first experimental proof -- by a team of 63 scientists at CERN -- that the largest factor in global warming is the sun, not humans. But the director of CERN forbade the implications of the experiment to be explained to the public: "I have asked the colleagues to present the results clearly, but not to interpret them. That would go immediately into the highly political arena of the climate change debate."

As more and more scientific evidence is published that debunks global warming, the enforced consensus is ending. The Royal Society, Britain's premier scientific institution -- whose previous president declared that "the debate on climate change is over" -- "is being forced to review its statements on climate change after a rebellion by members who question mankind's contribution to rising temperatures. ... The society has been accused by 43 of its Fellows of refusing to accept dissenting views on climate change and exaggerating the degree of certainty that man-made emissions are the main cause." Most of the rebels were retired, as one of them explained, "One of the reasons people like myself are willing to put our heads above the parapet is that our careers are not at risk from being labeled a denier or flat-Earther because we say the science is not settled. The bullying of people into silence has unfortunately been effective."

In America, Dr. Ivar Giaever, a Nobel Prize-winner in physics, resigned in protest from the American Physical Society this fall because of the Society's policy statement: "The evidence is incontrovertible: global warming is occurring." Dr. Giaver:

Incontrovertible is not a scientific word. Nothing is incontrovertible in science.

In the APS it is ok to discuss whether the mass of the proton changes over time and how a multi-universe behaves, but the evidence of global warming is incontrovertible?

The claim (how can you measure the average temperature of the whole earth for a whole year?) is that the temperature has changed from ~288.0 to ~288.8 degree Kelvin in about 150 years, which (if true) means to me is that the temperature has been amazingly stable, and both human health and happiness have definitely improved in this "warming" period.

In 2008, Prof. Giaever endorsed Barack Obama's candidacy, but he has since joined 100 scientists who wrote an open letter to Obama, declaring: "We maintain that the case for alarm regarding climate change is grossly overstated."

Do a Google search: you will find this letter reported in Britain and even India, but not in America.

Fifty-one thousand Canadian engineers, geologists, and geophysicists were recently polled by their professional organization. Sixty-eight percent of them disagree with the statement that "the debate on the scientific causes of recent climate change is settled." Only 26% attributed global warming to "human activity like burning fossil fuels." APEGGA's executive director Neil Windsor said, "We're not surprised at all. There is no clear consensus of scientists that we know of."

Dr. Joanne Simpson, one of the world's top weather scientists, expressed relief upon her retirement that she was finally free to speak "frankly" on global warming and announce that "as a scientist I remain skeptical." She says she remained silent for fear of personal attacks. Dr. Simpson was a pioneer in computer modeling and points out the obvious: computer models are not yet good enough to predict weather -- we cannot scientifically predict global climate trends.

Dr. Fred Singer, first director of the U.S. Weather Satellite Service, and physicist Dr. Seitz, past president of the APS, of Rockefeller University and of the National Academy of Science, argue that the computer models are fed questionable data and assumptions that determine the answers on global warming that the scientists expect to see.

Recently we've had a perfect example of the enforced global warming consensus falling apart. Berkeley Professor Muller did a media blitz with the findings of the latest analysis of all land temperature data, the BEST study, that he claimed once and for all proved that the planet is warming. Predictably, the Washington Post proclaimed that the BEST study had "settled the climate change debate" and showed that anyone who remained a skeptic was committing a "cynical fraud."

But within a week, Muller's lead co-author, Professor Curry, was interviewed in the British press (not reported in America), saying that the BEST data did the opposite: the global "temperature trend of the last decade is absolutely flat, with no increase at all - though the levels of carbon dioxide in the atmosphere have carried on rising relentlessly."

This is nowhere near what the climate models were predicting," Prof Curry said. "Whatever it is that's going on here, it doesn't look like it's being dominated by CO2." In fact, she added, in the wake of the unexpected global warming standstill, many climate scientists who had previously rejected sceptics' arguments were now taking them much more seriously. They were finally addressing questions such as the influence of clouds, natural temperature cycles and solar radiation - as they should have done, she said, a long time ago.

Other scientists jumped in, calling Muller's false claims to the media that BEST proved global warming "highly unethical." Professor Muller, confronted with dissent, caved and admitted that indeed, both ocean and land measurements show that global warming stopped increasing in 1998.

Media coverage on global warming has been criminally one-sided. The public doesn't know where the global warming theory came from in the first place. Answer: the U.N., not a scientific body. The threat of catastrophic warming was launched by the U.N. to promote international climate treaties that would transfer wealth from rich countries to developing countries. It was political from the beginning, with the conclusion assumed: the Intergovernmental Panel on Climate Change (U.N. IPCC) was funded to report on how man was changing climate. Its scientific reports have been repeatedly corrected for misrepresentation and outright fraud.

This is important. Global warming theory did not come from a breakthrough in scientific research that enabled us to understand our climate. We still don't understand global climate any more than we understand the human brain or how to cure cancer. The science of global climate is in its infancy.

Yet the U.N. IPCC reports drive American policy. The EPA broke federal law requiring independent analysis and used the U.N. IPCC reports in its "endangerment" finding that justifies extreme regulatory actions. Senator Inhofe is apoplectic:

Global warming regulations imposed by the Obama-EPA under the Clean Air Act will cost American consumers $300 to $400 billion a year, significantly raise energy prices, and destroy hundreds of thousands of jobs. This is not to mention the 'absurd result' that EPA will need to hire 230,000 additional employees and spend an additional $21 billion to implement its [greenhouse gas] regime.

Former top scientists at the U.N. IPCC are protesting publicly against falsification of global warming data and misleading media reports. Dr. John Everett, for example, was the lead researcher on Fisheries, Polar Regions, Oceans and Coastal Zones at the IPCC and a former National Oceanic and Atmospheric Administration (NOAA) senior manager, and he received an award while at NOAA for "accomplishments in assessing the impacts of climate change on global oceans and fisheries." Here is what he has to say on global warming:

It is time for a reality check. Warming is not a big deal and is not a bad thing. The oceans and coastal zones have been far warmer and colder than is projected in the present scenarios ... I would much rather have the present warm climate, and even further warming...No one knows whether the Earth is going to keep warming, or since reaching a peak in 1998, we are at the start of a cooling cycle that will last several decades or more.

That is why we must hear from all the best scientists, not only those who say fossil fuel use is dangerous. It is very important that we honestly discuss whether this theory is true and, if so, what reasonable steps we can afford to take to mitigate warming. If the theory is not based on solid science, we are free to develop our fossil fuel wealth responsibly and swiftly.

Instead, federal policies are based on global warming fears. Obama has adopted the California model. The Global Warming Solutions Act of 2006 has shed a million jobs in that state. California now has almost 12% unemployment, ranking 50th in the nation.

The country could be following North Dakota, where oil development has led to a 3.5% unemployment rate, or Texas, which has created 40% of the jobs nationwide since the 2009 economic crash thanks to its robust energy sector. These are good jobs. An entry-level job on an oil rig pays $70,000 a year. A roughneck with a high school diploma earns $100,000 a year in Wyoming's Jonah Fields. Brazil's new offshore oil discoveries are predicted to create 2 million jobs there. We have almost three times more oil than Brazil.

When we treat oil and gas companies like pariahs, we threaten America's economic viability. For global warming alarmists who believe that man-made CO2 threatens life on earth, no cost is too high to fight it. They avert their eyes from the human suffering of people without jobs, with diminished life savings, limited future prospects, and looming national bankruptcy.

This is not all about idealism. There are crasser reasons of money and power for wanting to close the debate. Billions of dollars in federal grants and subsidies are spent to fight global warming. The cover of fighting to save the planet gives the government unlimited powers to intrude into private business and our individual homes. The government can reach its long arm right into your shower and control how much hot water you are allowed to use. In the words of MIT atmospheric scientist Dr. Lindzen, "[c]ontrolling carbon is kind of a bureaucrat's dream. If you control carbon, you control life."

Warming advocates persistently argue that we cannot afford to pause for a reality check; we must not ignore the possibility that global warming theory might be true. Limiting fossil fuels and promoting green energy are presented as a benign, a "why not be on the safe side," commonsense approach.

There is a lot of emotion and little common sense in this argument. If a diagnosis is based on a shaky and partly fraudulent theory, ignores much more convincing evidence, and has terrible negative side effects, you don't perform major surgery. We do not have to run around like Chicken Little on the off-chance that the sky may be falling.

There has been a high economic cost to limiting our oil and gas wealth, with much human anguish because of government-imposed economic contraction. Responsible government policy requires honest media coverage, unfettered scientific inquiry, and robust political debate. Our country cannot afford the costs of foolish energy policy based on politicized science and fear.

11/21/2011: Republicans to Obama: The Whole Country Can be Rich
by Karin McQuillan

The good news is that America has wealth beyond dreams that can be realized in the next decade, producing a million new jobs. According to a recent Congressional report, the United States' combined recoverable natural gas, oil and coal endowment is the largest on Earth. Our resources are larger than Saudi Arabia, China and Canada, combined. Our known resources can meet the country's need for oil and gas for the rest of the century. That's not including shale oil, the true energy future. If we used our own oil, we could replace imported oil from the Persian Gulf for the next fifty years. By then cars will probably be running on something else.

Now turn your eyes to where real jobs are being created.

States that have grown jobs in the last decade are states using their energy resources, such as North Dakota, Wyoming, Utah, Texas, and Alaska. Texas has created 40% of the jobs in America since 2009, with half a million jobs directly in the energy sector. These are good jobs. A roughneck with a high school diploma can earn $100,000 a year in Wyoming's Jonah Fields. An entry level job on an oil rig pays $70K.

40% percent of our energy is from petroleum, almost 25% from natural gas and 23% from coal. Nearly half the electricity in this country is from coal. Oil and gas industry employment increased between 5-11% in 2010, yes that is 2010. Nine out of eleven of the fastest growing jobs in America were in the oil and gas sector.

To understand the potential of developing our resources further, contemplate this: Brazil expects to add 2 million jobs in the next decade working in their new off-shore oil fields, producing a million barrels a day. It could be us. We have almost three times more oil than Brazil according to U.S. government statistics.

The American west is ten years away from producing more oil and natural gas energy on a daily basis than current U.S. imports from Saudi Arabia, Iraq, Kuwait, Venezuela, Colombia, Algeria, Nigeria, and Russia combined. This development is expected to produce half a million jobs. Fossil fuel energy will also produce $5 billion in state revenues for schools and infrastructure. Think states with no income taxes.

The Marcellus natural gas fields in Pennsylvania, West Virginia, New York and Ohio is ten years away from creating 250,000 jobs, $2 billion in state and local taxes, and $20 billion in GDP, according to a Penn State study. Marcellus alone will provide a quarter of the nation's energy needs, says the U.S. Energy Information Administration.

The Bakken oil field in North Dakota and Montana is estimated by the U.S. Geological Survey to have 25 times more recoverable oil than previously believed. State geologists expect to be producing a million barrels a day in ten years. Think 100,000 jobs. Add together all the country's shale oil, and you double those numbers.

Exxon has discovered new oil in the Gulf of Mexico with the potential for 700 billion barrels of oil. For comparison, Saudi Arabia has reserves of 300-800 billion. The bad news: the Obama administration is still blocking new leases (see below).

Lifting restrictions on oil drilling in Alaska and off our coasts would add more than 530,000 jobs and increase our oil production by 4 million barrels a day.

Doubling down on the good news: if America were to allow development of our fossil fuel resources, added to those of Canada and Mexico, North America would be "energy secure," no longer dependent on the terror-supporting regimes of the Middle East.

More good news: despite all the hype about the dangers of fracking, the key technology for extracting oil and gas from shale and tar sands, EPA Administrator Lisa Jackson testified before Congress, she knows "no proven cases where fracking has affected water." Fracking has been in use for sixty years and is used in 9 out of 10 wells nationwide, including 100% of the wells in Pennsylvania since the 1950's.

Yes, fracking requires safety standards, as does all energy development. A study by the prestigious, National Academy of Sciences found "no evidence that fracking fluids were leaching into wells," despite alarmist New York Times reports. "Methane can leak into well water totally naturally," the study reported, and can provide dramatic images of people igniting the water from their faucets. They did find some cases where methane leakages can be traced to fracking, but the Academy study concluded "the methane was probably coming from leaky well pipes, which would mean an easy fix." Israel has discovered shale oil a mere 30 miles from Jerusalem, in a field as large as all Saudi Arabia's reserves, second only to the United States. They plan to use fracking which they believe will pose no ecological threat to their precious aquifer.

Now for the bad news.

The bad news is that only the Republicans want to develop fossil fuel energy.

Only one-tenth of 1 percent of the electric power used in the United States each year comes from solar power, yes, that is 1%. Yet Democrats are blocking fossil fuel development with every tactic they can use, legal and illegal, and shoving billions of dollars into subsidies for green energy. All this money has been wasted: there has been a net loss of green jobs.

Obama's administration is in contempt of federal court for imposing an "arbitrary and capricious" moratorium on oil leases in the Gulf of Mexico. This summer Obama did an end run around the court and extended the moratorium, which has wiped out 1 billion dollars in wages, yes that is 1 billion. Even former President Clinton criticized Obama for the "ridiculous delays in permitting when our economy doesn't need it."

The comparison between two energy rich states, liberal California and conservative Texas says it all. Texas added 800,000 jobs while California lost 700,000 jobs. California has blocked oil drilling, subsidized expensive green energy and forces utilities to buy green energy, at the projected cost of losing one million jobs, yes that is one million jobs. Two months ago, California Gov. Jerry Brown signed legislation requiring the state to obtain one-third of its electricity from renewable energy sources by 2020. How's it going for them? There's been a cascade of taxpayer funded bankruptcies, and venture money is pulling out of the alternative energy field.

Federal subsidies in this sector cannot erase the realities of the marketplace: you can't sell something expensive and impractical that consumers don't want. The 'green jobs' mirage pursued by the White House has been a total failure measured by jobs or cost effective energy production or even quantity of energy. Producing electricity from solar energy is 300 times more expensive than our current use of coal. Wind is 40% more expensive, runs only at 20% capacity, requires backup fossil fuel plants, destroys wildlife habitat and massacres birds, and causes human health problems. It can only succeed if utilities are forced by law to purchase it, with the costs being passed to the consumer.

Adding insult to injury, 80% of the money given by Obama to American solar companies was used to buy Chinese products, subsidized under Communism. Ignoring this disaster, on his Midwest bus tour following the debt ceiling crisis, Obama pledged 2.4 billion more taxpayer dollars for green jobs. His core liberal voting base doesn't understand the economic and human cost in suffering caused by the green assault on our economy.

The poster child of the Obama administration's energy policy was Solyndra, a solar energy company that was given almost half a billion dollars by Obama, who touted it as the jobs future for our country. Shortly after Obama's summer campaign stop at Solyndra, it went bankrupt, amidst evidence of criminal fraud reaching all the way to the White House. The major investor in the company happens to be one of Obama's billionaire campaign bundlers.

Obama is not changing course on green jobs, despite the scandals of taxpayer billions going down the bankruptcy hole. There have been three bankruptcies of companies he recently touted as America's future. Green jobs were the only private sector jobs Obama aimed for in the first trillion dollar stimulus package, and they continue to be the linchpin of Stimulus II. So what if no jobs are actually created - Obama believes green poverty is preferable to oil wealth for our country.

Obama used to point to Spain as a model for our future. By dint of promising 25 years of above-market price guarantees, Spain is a world leader in reliance on solar energy - which met a pathetic 2.5% of their energy needs. Spanish taxpayers spent $788,000 on each solar energy job, and subsidies of $1,400,000 per job for wind power. The ruinous cost of green energy lead to the loss of 2.2 jobs elsewhere in the economy for every green job created. Measured by energy production, each "green" megawatt destroyed 5 jobs. Now that Spain is facing bankruptcy, such subsidies will cease and the whole phoney edifice of alternative energy will collapse.

Germany is also pulling back from their policies forcing utilities to buy expensive, taxpayer subsidized, green energy. A recent German study concluded it has been a failure on all fronts, in their words, "massive expenditures that show little long-term promise for stimulating the economy, protecting the environment, or increasing energy security."

Which future do we want? Should Europe or Texas be our model? The Democrat path: national debt at 100% of GDP (that's Greek territory) by 2013 and ruinous energy costs for all of us. The Republican path: millions of high paying jobs, affordable energy, lower taxes and independence from Arab oil. Democrat or Republican? Come 2012, you decide.

11/27/2011: From a Global Perspective, the 99 Percent Are Actually the 1 Percent by Doug Giles

As I watch the various college-aged Occupiers in their True Religion jeans talk about how bad they’ve got it while they tweet on their Macs during a catered lunch consisting of salmon filets with dill sauce as a Rasta Columbia grad student strums gently on his Washburn 118SW, I keep thinking, “You charmed babies don’t have it that bad.”

Matter of fact, from an earth angle, you are truly the fortunate ones and have hit the lifestyle lotto. Trust me, there are stacks of people from developing countries who would love to have what you ingrates whine about. Just ask an illegal alien.

For instance…

1. Clean Water. Please bear in mind, Occupiers, that when you crack open your Evian or get a glass of water from your dorm room faucet that 884 million people worldwide drink water out of crap puddles. Also, even though it doesn’t look like many of you cats bathe, when you do scrub your undercarriage during a five-minute shower, know that you have burned more aqua in that foray than a normal Joe in a third world county has in the last 24 hours. Just a little FYI.

2. Toilets. I know some of your crew like to forego toilets and port-a-potties and drop deuces on police cars and American flags and urinate in public, but please understand that the mere fact that you’ve got an option to use an American Standard truly tosses you into the cultural elite class. Yep, worldwide 40% of our globe’s population (2.6 billion people) is forced, out of poverty, to pop a squat in the brush because they are that broke.

3. Electricity. Next time you power up your iPhone 4S or HDTV, think about this ditty: 1.6 billion folks live without the little extravagance of electricity.

4. A Roof. Globally, one billion people would kill to live in that tent you’re inhabiting right now in that swank park you’re ruining. One-sixth of the world’s collective live in cardboard boxes. According to the NYC arrest records of the 984 OWS protestors arrested between 9/18 and 10/15, they’re dwelling in digs that average about $305,000 a pop. Can you say, “1%”?

5. Grub. Did you know the rats you guys are attracting by the food you toss away during your protest would actually be a delicacy in developing countries? If you have three squares a day (or even one) please note that you are blessed because 790 million folks, give or take, go to bed every night with their stomachs sucking up against their spines.

I could go on and on talking about how great we have it here amidst all of our inequities and absurdities, but I’ve got a Thanksgiving dinner to eat, a cigar to smoke and a giant screen HDTV to watch the Dolphins lose on that forbid me to go any further with this diatribe. For more 411 on why the OWS crowd and all Americans should bow their knee and thank God we have this nation, check out this column.

And if you’re looking for a book for parents for Christmas that’ll keep kids from being part of the OWS crowd, get my barn burner here.

And check out my latest video for a shot of holy adrenaline.

11/22/2011: Government vs. Soup Kitchen
At Thanksgiving, the poor pay for dumb regulation.

This Thursday, in a parish hall not far from the New Jersey town green where George Washington once made his winter headquarters, as many as 300 people will gather for their Thanksgiving meal. Some will be homeless, some will be mentally ill, some will be old, and some will be folks and families who have just hit a hard patch. For all of them, Morristown’s Community Soup Kitchen and Outreach Center is one of the few blessings they can count on.

In many ways, this soup kitchen illustrates Tocqueville’s point about the American genius for voluntary association. Having started out in a local Episcopal church, it has grown into a network that links restaurants, corporate sponsors and community groups with volunteers from nearly three dozen church congregations, including this reporter’s. The result is a hot meal to anyone who comes to the door each noon, no questions asked.

This the men and women of the Community Soup Kitchen have provided for 26 years, not once missing a day. Now comes a challenge greater than any snowstorm or power outage. Earlier this year, the Morristown Division of Health ruled that henceforth the soup kitchen would be considered a “retail” food establishment under New Jersey law.

From that single word far-reaching consequences have flowed. In a column for a local blog, Ray Friant, a volunteer from the Morristown United Methodist Church, called the rule “crazy.” Over Sunday breakfast at a local diner, Mr. Friant, his wife, Emmy Lu, and another church couple who also volunteer at the kitchen, Barbara and Jim Morris, spell out what they mean by crazy.

Most obvious is the higher cost: at least $150,000 more a year. To meet this increase, the kitchen is asking each participating church to up its own contribution. Some congregations don’t have the money. For those that do, it will mean less for some other need.

Much of this cost results from a new prohibition on people donating food they’ve prepared at home. For those on the giving end, often this was the only way they could participate, so eliminating their contributions means eliminating volunteers. For those on the receiving end, it means no more homemade meat loaf, lasagna, cakes and so forth.

All, of course, in the name of food safety. Still, one suspects that when a co-worker brings a tin of Christmas cookies to a friend inside Morristown’s Division of Health, those cookies are not forbidden because they do not come wrapped from a supermarket or approved restaurant. Yet this is precisely the restriction these officials have imposed on men, women and children whose only hope for a home-baked cookie might be at the soup kitchen.

Finally, there’s the utter soullessness of the thing. For example, many of the women would bring their own aprons from home. No more. Now it’s all latex gloves, throw-away aprons, and a ban on food servers even entering the kitchen. In short, more institutional cafeteria than Grandma’s house.

Teresa Connolly, the soup kitchen’s director, did not return phone calls. No doubt her top priority is keeping the kitchen going, and many appear to have concluded that the best option is getting along with the government. The senior pastor of the Friants’ church, Neill Tolboom, notes that the soup kitchen appreciates that the town continues to let it do its work right near the main square, and he says his hope is that by adapting to the new government rules the result will be healthier meals for those whom the kitchen feeds.

Mr. Friant and his fellow volunteers say no one opposes reasonable measures to improve cleanliness. The question is whether this is a solution in search of a problem. In the 26 years this kitchen has been open, there seems to be no case of food poisoning. Maybe Morristown officials would do better to seek out those who actually eat there, and put to them this question: Do you feel safer and better off now that we’ve protected you from home-baked apple pie?

So what’s the solution? It may be as simple as getting the Division of Health to reconsider. Unfortunately, Darlene O’Connell, the town’s health officer, refused to comment, directing a reporter to her superior, Thomas Alexander, who did not return several calls. If, on the other hand, it turns out the push is from the state, surely Gov. Chris Christie and state lawmakers would be happy to work out a resolution that advances health while preserving the more personal elements that make this kitchen such a gift to those in need.

On a 1995 trip to New Delhi, Hillary Clinton visited an orphanage run by Mother Teresa’s nuns. She came away impressed by the great love and care she found there. With no small irony, she noted it was a place that “would not have passed inspection in the U.S.”

At least not in Morristown.

11/21/2011: Alice in Liberal Land by Thomas Sowell

“Alice in Wonderland” was written by a professor who also wrote a book on symbolic logic. So it is not surprising that Alice encountered not only strange behavior in Wonderland, but also strange and illogical reasoning -- of a sort too often found in the real world, and which a logician would be very much aware of.

If Alice could visit the world of liberal rhetoric and assumptions today, she might find similarly illogical and bizarre thinking. But people suffering in the current economy might not find it nearly as entertaining as “Alice in Wonderland.”

Perhaps the most remarkable feature of the world envisioned by today’s liberals is that it is a world where other people just passively accept whatever “change” liberals impose. In the world of Liberal Land, you can just take for granted all the benefits of the existing society, and then simply tack on your new, wonderful ideas that will make things better.

For example, if the economy is going along well and you happen to take a notion that there ought to be more home ownership, especially among the poor and minorities, then you simply have the government decree that lenders have to lend to more low-income people and minorities who want mortgages, ending finicky mortgage standards about down payments, income and credit histories.

That sounds like a fine idea in the world of Liberal Land. Unfortunately, in the ugly world of reality, it turned out to be a financial disaster, from which the economy has still not yet recovered. Nor have the poor and minorities.

Apparently you cannot just tack on your pet notions to whatever already exists, without repercussions spreading throughout the whole economy. That’s what happens in the ugly world of reality, as distinguished from the beautiful world of Liberal Land.

The strange and bizarre characters found in “Alice in Wonderland” have counterparts in the political vision of Liberal Land today. Among the most interesting of these characters are those elites who are convinced that they are so much smarter than the rest of us that they feel both a right and a duty to take all sorts of decisions out of our incompetent hands -- for our own good.

In San Francisco, which is Liberal Land personified, there have been attempts to ban the circumcision of newborn baby boys. Fortunately, that was nipped in the bud. But it shows how widely the self-anointed saviors of Liberal Land feel entitled to take decisions out of the hands of mere ordinary citizens.

Secretary of the Treasury Timothy Geithner says, “We’re facing a very consequential debate about some fundamental choices as a country.” People talk that way in Liberal Land. Moreover, such statements pass muster with those who simply take in the words, decide whether they sound nice to them, and then move on.

But, if you take words seriously, the more fundamental question is whether individuals are to remain free to make their own choices, as distinguished from having collectivized choices, “as a country” -- which is to say, having choices made by government officials and imposed on the rest of us.

The history of the 20th century is a painful lesson on what happens when collective choices replace individual choices. Even leaving aside the chilling history of totalitarianism in the 20th century, the history of economic central planning shows it to have been such a widely recognized disaster that even communist and socialist governments were abandoning it as the century ended.

Making choices “as a country” cannot be avoided in some cases, such as elections or referenda. But that is very different from saying that decisions in general should be made “as a country” -- which boils down to having people like Timothy Geithner taking more and more decisions out of our own hands and imposing their will on the rest of us. That way lies madness exceeding anything done by the Mad Hatter in “Alice in Wonderland.”

That way lie unfunded mandates, nanny state interventions in people’s lives, such as banning circumcision -- and the ultimate nanny state monstrosity, ObamaCare.

The world of reality has its problems, so it is understandable that some people want to escape to a different world, where you can talk lofty talk and forget about ugly realities like costs and repercussions. The world of reality is not nearly as lovely as the world of Liberal Land. No wonder so many people want to go there.

11/17/2011: Why BEST [Berkeley Earth Surface Temperature project] Will Not Settle the Climate Debate by S. Fred Singer

Global warming has re-entered public consciousness in recent days, partly because of the buzz surrounding the release of warming results from the Berkeley Earth Surface Temperature (BEST) project. The reaction of the “warmistas” has been jubilant, yet hilariously wrong. Will they ever learn?

They’ve latched on to the BEST result as their last best hope for rescuing misbegotten schemes to control emissions of the greenhouse gas CO2. Leading the pack has been the Washington Post (Oct. 25), whose columnist tried to write off Republican presidential candidates Bachmann, Cain, and Perry as “cynical diehards,” deniers, idiots, or whatever.

I sent the Washington Post a letter pointing out obvious errors, but I got a peculiar response. It turned out that they were willing to publish my letter, but not my credentials as emeritus professor at the University of Virginia and former director of the U.S. Weather Satellite Service. Apparently, they were concerned that readers might gain the impression that I knew something about climate.

Unfortunately, it has become expedient (for those who condemn CO2 as the cause of warming) to deride their opponents with terms like “climate deniers.” A complacent and inattentive media has made the problem worse, by giving the impression that anyone who doesn’t buy the CO2 hypothesis doesn’t believe that climate changes, and hence is a total Luddite. Even the Wall Street Journal got carried away. Prof. Richard Muller, the originator and leader of the BEST study, complained to me that some eager editor changed the title of his op-ed (Oct. 21) to “The Case Against Global-Warming Skepticism” from his original “Cooling the Global Warming Debate.”

The (formerly respected) scientific journal Nature chimed in and announced in an (Oct. 26) editorial[i] that any results confirming “climate change” (meaning anthropogenic global warming -- AGW) are welcome, even when released before peer review. Of course, we’ve known for many years that Nature does not welcome any contrary science results, but it’s nice to have this confirmation.

Their hearts filled with bubbling joy and their brains befuddled, none of the warmistas have apparently listened to the somewhat skeptical pronouncements from Prof. Muller. He emphasizes that the analysis is based only on land data, covering less than 30% of the earth’s surface and housing recording stations that are poorly distributed, mainly in the U.S. and Western Europe. In addition, he admits that 70% of U.S. stations are badly sited and don’t meet the standards set by government; the rest of the world is probably worse. He disclaims to know the cause of the warming found by BEST and favors naturally caused oscillations of the atmosphere-ocean system that no climate model has yet simulated or explained.

The fact that the BEST results agree with previously published analyses of warming trends from land stations may indicate only that there is something very wrong with all of these. There are two entirely different ways to interpret this agreement on surface warming. It might indicate important confirmation, but logic allows for an alternate possibility: since both results rely on surface thermometers, they are not really independent and could be subject to similar fundamental errors. For example, both datasets could be affected by urban heat islands or other non-global effects -- like local heating of airports, where traffic has been growing steadily.

But the main reason I have remained a skeptic is that the atmosphere, unlike the land surface, has shown no warming during the crucial period (1978-1997), either over land or over ocean, according to satellites and independent data from weather balloons. And did you know that climate models run on high-speed computers all insist that the atmosphere must warm faster than the surface -- and so does atmospheric theory?

BEST has no data from the oceans, which cover 71% of the planet’s surface. True, oceans are not subject to urban heat islands, but they have problems with instrumentation. It is very likely that the reported warming during 1978-97 is simply an artifact -- the result of the measurement scheme rather than an actual warming. Anyway, supporting data don’t show any ocean warming, either.

And finally, we have non-thermometer temperature data from so-called proxies: tree rings, ice cores, lake and ocean sediments, stalagmites. Most of these haven’t shown any warming since 1940!

Contrary to some commentary, BEST in no way confirms the scientifically discredited hockey stick graph, which was based on multi-proxy analysis and had been so eagerly adopted by climate alarmists. In fact, the hockey stick authors never published their post-1978 temperatures in their 1998 paper in Nature -- or since. Their proxy record suddenly just stops in 1978 -- and is then replaced by a thermometer record that shows rapid warming. The reason for hiding the post-1978 proxy data: it’s likely that they show no warming. Why don’t we try to find out?

None of the warmistas can explain why the climate hasn’t warmed in the 21st century, while CO2 has been increasing rapidly. It’s no wonder that Herman Cain, a former math and computer science major in college, says that “man-made global warming is poppycock” (New York Times, Nov. 12). He blames climate fears on “scientists who tried to concoct the science” and “were busted because they tried to manipulate the data.”

Mr. Cain is not far from the truth -- at least when one listens to Rich Muller. Muller’s careful to make no claim whatsoever that the warming he finds is due to human causes. He tells us that one third of the stations show cooling, not warming. Muller admits that “the uncertainty [involved in these stations] is large compared to the analyses of global warming.” He nevertheless insists that if he uses a large enough set of bad numbers, he could get a good average. I am not so sure.

Muller thinks that he has eliminated the effects of local heating, like urban heat islands. But this is a difficult undertaking, and many doubt that the BEST study has been successful in this respect. Some of Muller’s severest critics are fellow physicists: Lubos Motl in the Czech Republic and Don Rapp in California. Somewhat harshly, perhaps, Rapp would change the study designation from BEST to “WORST” (World Overview of Representative Station Temperatures).

I am one of those doubters. While many view the apparent agreement of BEST with previous analyses as confirmation, I wonder about the logic. It might be a good idea if BEST would carry out some prudent internal cheeks:

 * Plot number of stations used between 1970 and 2000 and make sure that there have been no significant changes in what I call the “demographics”: station latitudes, altitudes, or anything that could induce an artificial warming trend.

 * I would pay particular attention to the fraction of temperature records from airport stations -- generally considered among the best-maintained, but subject to large increases in local warming.

 * I would also decompose the global record of BEST into regions to see if the results hold up.

Of course, the most important checks must come from records that are independent of weather station thermometers: atmospheric temperatures, ocean temperatures, and temperatures from non-thermometer proxy data. But even then, it may be difficult to pinpoint the exact causes of climate change.

I conclude, therefore, that the balance of evidence favors little if any global warming during 1978-1997. It contradicts the main conclusion of the IPCC -- i.e., that recent warming is “very likely” (90-99% certain) caused by anthropogenic greenhouse gases like CO2.

And finally, what to do if CO2 is the main cause, and if a modest warming has bad consequences -- as so many blindly assume? I am afraid that the BEST project and Muller are of no help.

On the one hand, Muller is dismissive of policies to control CO2 emissions in the U.S. -- much less in his State of California. In an Oct. 31 interview with the Capital Report of New Mexico, he stated:

 ... the public needs to know this, that anything we do in the United States will not affect global warming by a significant amount. Because, all projections show that most of the future carbon dioxide is going to be coming from China, India, and the developing world. ... [A]nything we do that will not be followed by China and India is basically wasted.

On the other hand, Muller told MSNBC’s Morning Joe” (Nov. 14):

 [W]e’re getting very steep warming ... we are dumping enough carbon dioxide into the atmosphere that we’re working in a dangerous realm, where I think, we may really have trouble in the next coming decades.

So take your choice. But remember -- there is no evidence at all for significant future warming. BEST is a valuable effort, but it does not settle the climate debate.

S. Fred Singer, an atmospheric physicist, is Research Fellow at the Independent Institute, Professor Emeritus of Environmental Sciences at the University of Virginia, and former founding Director of the U.S. Weather Satellite Service. He is author of Hot Talk, Cold Science: Global Warming’s Unfinished Debate (The Independent Institute).

11/11/2011: Does the Government Work for Us, or Do We Work for the Government by Judge Andrew Napolitano

In America, the federal government seems to control everything. Light bulbs, shoe leather, refrigerators, even the water strength in your shower. Your banker, your doctor, your lawyer, your computer all are regulated beyond belief. What is it in America that the feds can’t control? The answer is simple: human nature. We need to eat, and we need to move about; and that means we will use the free market in order to do so, with or without the government.

Every capable human engages in market exchanges, even in those countries where it’s illegal. Through all of history, humans have advanced civilization by building up the avenues of trade so as to increase their standards of living. When you buy a loaf of bread or a gallon of gas, you are freely choosing to engage in what remains of the free market. I emphasize “what remains” because when you buy bread, you are paying the local or state government a tax for a product that was baked under conditions set forth by the feds and one of the 50 states, and when you buy fuel for your car, up to one quarter of the cost of the fuel consists of state and federal sales taxes.

Sales taxes constitute a grand theft concocted by politicians and bureaucrats so as to provide them with a never-ending supply of cash they can use to bribe people for their votes. Sales taxes also make items we need more expensive. And they intrude upon our privacy. Think about it. If I want a loaf of bread and you are a grocer willing to sell me one, what business is that of the government? None. What involvement has the government had? None. What has the government done to add value to that transaction? Nothing.

The protesters on Wall Street seem not to understand that free trade is a natural right -- like speech, travel, religion, self-defense, privacy -- and is mutually beneficial to the buyer and the seller. That’s why at the end of a transaction, each party says “thank you.” We have both benefited. It’s a win-win. I have food and fuel, and the seller has revenue. So how is it today that this natural and daily activity has become much maligned and exploited and hated by government elites?

As the global economies have collapsed in the past decade, nothing has been certain except for uncertainty. The world’s central banks, drunk on power, loaded their people up with debt and then slowly guided their economies to destruction. That’s the consequence of government control of the monetary system and means of exchange. Prices in an economy are like traffic signals, signaling where goods and resources should go and how fast. Central banks distort those traffic signals and even give the wrong signals. That’s why we get crashes -- because of government traffic signals, because the government has taken “free” out of the marketplace.

But free trade does occur in the United States in some ways. The black markets are where people trade what they want for the price agreed on, free of taxes and free of government regulations, and at prices that are acceptable to the parties. Simply banning the transaction will not deter some portion of the population from attempting to acquire something -- whether it’s bread, tobacco, drugs or guns -- that the government doesn’t want us to have, at prices we are willing to pay. People will always trade what they have for what they want or need. That’s human nature. That’s a natural human right. The government cannot stop that. But, of course, governments have tried to stop the exercise of this right.

During World War II, for example, FDR and his cronies rationed sugar, leather, tea, tobacco, guns, coffee, fuel and many other items our parents and grandparents needed for everyday use. The stated purpose was that the troops needed these items and there was not enough to go around, so the feds would decide who got what and how much all these things would cost. But there was a black market for all these items, and there, the items were plentiful and the price was freely agreed upon. If the government had stayed out of the picture, the market could have existed in the light of day. We now know that FDR was as much interested in control of the population as in supplying the troops.

The government fears trade because it can’t control it. The feds would do well to remember the historical truth that where goods and services don’t move freely, armies will; and where goods and services do move freely, armies don’t. And when the black market becomes more prosperous than the one the government regulates, it will be time to change the government.

11/10/2011: Pension Prop 13 by Girard Miller

Pension Prop 13 California’s pension hawks file a detailed, alternative plan to the governor’s that builds on his proposals.

Last week I discussed the primary features of California Gov. Jerry Brown’s thoughtful 12-point plan to reform the state’s unsustainable pension mess. The night before my column published, a group called California Pension Reform (or CPR, an artfully chosen name) filed two ballot proposals that called the governor’s bid and raised him two. Their plan is to test the waters with two proposals and pick one to begin collecting petition signatures. This is the long-awaited “Pension Prop 13” -- the pension-reform descendent of the legendary grassroots tax-limitation measure that swept through California and several other states three decades ago. It is the most comprehensive pension reform language ever filed in any state in the country, yet less severe than Rhode Island’s recent narrower, sharper proposals to actually freeze, modify and cut incumbents’ benefits.

In this column, I will explain the key features of these two proposals, how they differ and how they compare with the governor’s plan. Then I’ll try to analyze what may happen next, as these two announcements are just the opening act of what will be a year of political theatre in the Golden State.

To set the stage, the Democrat-controlled Legislature adopted a law in October that essentially forces all ballot proposals in 2012 onto next November’s ballot, where they feel that voter turnout on their side will be stronger with President Obama running for re-election and a higher turnout favoring a vastly larger statewide number of registered Democrats. There will likely be other issues on the ballot, such as a measure to reduce union and corporate contributions that the unions see as a direct threat, thus bringing out that voting bloc. Pundits believe the governor is likely to put a tax increase measure on the ballot, especially if he can link it to pension reform to appease voters. So it will be a crowded, complicated “bedsheet ballot” with well over $100 million expected to be spent on TV and radio ads bewildering an electorate that otherwise would prefer to think about anything but politics and pensions if the state were not in such a mess.

Now enter the CPR group on stage right, led by former Schwarzenegger administration fiscal experts and a former GOP leader who called the various reform factions together to assemble a “best of breed” proposal that has been vetted through constitutional attorneys and a host of pension specialists. (Full disclosure: As with any such pension proposal, I have made myself available for expert commentary on technical matters, and the CPR leaders ran some of the specific provisions by me, including their hybrid plan language, remedies for severely underfunded plans, anti-abuse provisions, and definitions. They used some of my suggestions, and rejected others, so I’m not a partisan here. Any other group, including the state Legislature, the governor’s office or any ballot petitioner -- on the left, the center or the right -- is welcome to likewise seek my independent, uncompensated, critical reviews of their state-level retirement reform proposal at any time).

The two CPR proposals contain many common features, so let’s start with those first. As with last week’s analysis of Brown’s proposal, I will present them in two categories: anti-abuse provisions and fundamental fiscal reforms.

Anti-abuse provisions. Brown’s announcement was incredibly timely, as it gave the CPR folks a template for their own proposals. They worked diligently in the week before they filed their initiatives to incorporate several of the governor’s specific anti-abuse proposals. Great minds think alike, so there really isn’t too much difference on many of these key concepts. Thus, what you find in these two new proposals are many elements shared with the governor’s proposal, but now expressed in constitutional terms to assure they endure beyond one legislative session. The anti-abuse provisions that are comparable to Brown’s plan are:

-      Anti-spiking provisions, including a tighter definition of “base pay” to eliminate all the abusive overtime and non-recurring and special pay features that bloat pensions, plus a three-year averaging process which is conventional in many other states.

-      No more retroactive benefits increases -- a hot button for pension reformers, because such ‘retros’ never actually “attract and retain employees” which has been the traditional baloney we’ve been fed for years about those giveaways. SB 400 in California was the millennial poster child for the failure of this selfish gambit which has since been discredited by the professional associations. That landmark bill’s 50 percent retroactive increase in pension benefits was based on a projection of stock market gains equivalent to DJIA 25,000 today and we all know how that worked out. Nationwide, many of today’s unfunded pension liabilities are directly attributable to these retros. Anybody who opposes this reform is either greedy or unteachable.

-      No more employer pension-contribution holidays. Just look at Illinois for proof positive on this one. When politicians cut corners in pension funding, the results are predictably disastrous. Californians need only look at CalSTRS, the state teacher’s system, for a classic example of the systematic failure of legislative underfunding.

-      Felons would be ineligible for public pensions related to their government employment. This feature will win votes every time after Bell, Calif.’s compensation scandals.

-      No more “air time,” or purchasing service credits for time never worked in the first place. Military and qualified prior public service credit purchases are still permitted. Experience has taught us that taxpayers lose every time an employee makes this selection because they know their personal life better than the government actuaries.

-      Governance reforms are included to assure that a majority of pension board members are actually qualified for the job by virtue of professional expertise and are independent of the benefits. CPR also provides for the state director of finance (presumably through a designate, as the treasurer and the controller do now) to serve on all the large pension boards in the state.

Before I go on to the other provisions, let me now say, Hurrah! Each feature here deserves the support of everybody serious about preserving retirement security for public employees. These anti-abuse measures simply convert the rhetoric and the essence of the governor’s proposals into clear constitutional language, and there should be no quibbling about the details. If the Legislature needs a template for the work they need to do, they should start here. CPR’s language is cleaner, clearer and more concrete than similar provisions I have seen in any other state’s laws or legislative proposals.

The notable shortcoming in these measures is that they really don’t fix the underlying financial problem. As strong as the anti-abuse proposals presented by the governor and CPR are, the fact is that by themselves they do not come anywhere close to fixing the underlying fiscal problem any more than a band-aid will fix intestinal bleeding. We have to stop thinking in terms of solutions that save millions of dollars and confront the reality that California alone faces a problem with a price tag in the hundreds of billions.

Fundamental fiscal reforms. In terms of fundamental financial reforms affecting new employees, CPR goes beyond the governor’s proposals in several key areas:

-      Most importantly, both CPR proposals empower public employers to change benefits plans for new hires without limitation. This puts an end to California’s crazy judicial concept of “vested” benefits that cannot ever be reduced prospectively after an employee walks in the door. This is a fundamental constitutional difference in their plans, and a major deficiency in the governor’s proposal, in my opinion.

-      CPR follows the governor’s lead with age 67 as the new retirement age for general employees, and then goes on to define a full-service career for them as 35 years. For public safety workers, the CPR selects age 58 (accepted by unions in the San Francisco mayor’s 2011 “consensus” ballot proposal) with 30 years of service, whereas the governor’s proposal left those details unspecified. CPR also allows earlier retirements with an actuarial reduction.

-      Both CPR proposals require new employees to share at least half of the total cost of their benefits. The governor’s proposal stops at half the normal service cost, and leaves employers and taxpayers on the hook for the rest. Thus, employees under the governor’s proposal bear only one-third of the total market risk of the state system (the defined-contribution component) since federal and state taxpayers remain on the hook for all unfunded liabilities of the defined benefit and Social Security systems.

-      CPR would move disability benefits outside of the pension system, where it’s widely abused because of privileged federal tax treatment. In some cities, the disability claims are totally out of control. CPR’s provisions would remove the HR staff and pension board co-workers who are susceptible to peer pressure from the process and require intergovernmental self-insurance agencies, insurance companies or impartial arbitrators to make these decisions when taxpayer money is involved.

-      CPR would outlaw supplemental defined-benefits plans that could circumvent the limitations of their proposals. No more “top hat plans” and special deals for management employees, for example.

-      The governor’s proposal has wisely and skillfully addressed retiree medical benefits for new hires, which could be addressed by statute in a package of bills. The CPR folks avoided this subject because of legal limitations on what can be included in a single ballot proposal. They had also watched a pension-reform proposal in San Francisco fail last year, partly because it also dared to address skyrocketing health benefits costs. Thus, CPR decided to focus only on pensions and similar defined benefits in their constitutional amendment.

If there is one feature I’d urge the governor and allied reformers to push through the Legislature independent of all these pension issues, it would be his sensible proposal for retiree health-care benefits reform, plus a statutory requirement for all public employees to eventually pay one-half of the normal costs of their retiree medical (part of OPEB, which stands for “other post-employment benefits”) plans as with their pensions. Just like the governor’s basic cost-sharing plan, these could be phased-in, perhaps over 3 or 4 years. These two related reforms would likely require a separate statute and probably cannot be placed in the same constitutional amendment with pension reform. Even if enacted by statute, they would virtually double the overall savings from public-sector retirement reform. State law must require all public employers to begin incrementally to fund their OPEB plans actuarially and stop this neglectful nonsense of paying only the retirees’ benefits costs, which will snowball in the coming decade and guarantee the next crisis. Because the stakes are so huge here, OPEB reform is one area where some hard-nosed horse-trading between the two political parties could still result in a Grand Compromise, as I will discuss later.

Comparing basic benefits: The Hybrid. With these basic reforms discussed, the next logical place for explanation and comparison is the CPR proposals for basic benefits for new employees. Here, they have filed two versions. I will begin with the one closest to the governor’s proposal: the CPR hybrid plan.

The CPR hybrid puts constitutional structure and teeth into the governor’s general outline for pension reform for employees hired after June 30, 2013 (seven months after the election). For those employees, the Legislature would be instructed to implement a statewide system that provides for “hybrid” plans that provide retirement benefits not exceeding 75 percent of an employee’s eligible pre-retirement income. Benefits would include a combination of a defined-benefit and a defined-contribution plan. As with the governor’s proposal, defined benefits would be integrated with Social Security: those in that system would get a smaller pension, and those outside the federal system would get a larger pension to compensate. Employees can then supplement their employer benefits with voluntary deferred compensation as many governmental-sector financial planners already recommend. Those who save 5 percent of pay as normally recommended should ultimately exceed the common industry benchmarks for retirement replacement income -- and they will clearly receive much richer retirement benefits than the average private-sector employee.

The CPR proposal then mirrors the governor’s proposal to require that employees pay one-half of the cost of this plan. Using the industry-classic analogy of a “three-legged stool,” the hybrid plan must include a defined-contribution plan for one-third of the total benefit structure, again consistent with the governor’s plan. To again be comparable, the CPR proposal also provides that employees with Social Security would receive a defined-benefit pension plan that provides about 1/3 or less of the total benefit. (Social Security typically provides 25 to 40 percent of most employees’ replacement income with participating lower-paid workers receiving a higher percentage which would be offset by a lower pension ratio under both the governor’s and the CPR hybrid’s integrated benefit structure.) Those outside Social Security would receive a pension paying about one-half of their pensionable pay. CPR also addresses the “$100,000 pension club” issue by restricting the pension component of this overall package to that level, adjusted for future inflation. That will forever control outrageous pensions such as those in the notorious cities of Vernon and Bell, and high-end pensions for all highly paid public employees earning more than $250,000 elsewhere, whatever their profession may be. Overall, the plan design is structured to require employees to bear one-half of the plan costs and to bear roughly half of the investment risks for those in Social Security. (Miller’s sidebar opinion: Ultimately, future public employees will most likely be required to participate in Social Security as Congress realistically confronts the subsidy they now receive, so all these proposals should be viewed in the light of a universal Social Security system in the future.)

The CPR hybrid plan also requires all public employers to offer retirees an option to convert their defined-contribution account into a life annuity (including a spousal-survivor option), and also permits the use of a collective defined-contribution trust, which I have described in a prior column, to assure that employees do not outlive their money. When the Legislature considers the governor’s hybrid proposal, I would urge them to include these protective retirement-security features as well.

-      Administrative notes: To forestall a state monopoly, CPR wisely allows every public employer to select its own defined-contribution administrator, which will encourage competition that can still include an efficient state-run plan. Also, their hybrid plan would allow supplemental defined-contribution benefits for the upper-income employees subject to pension caps, as long as the plan remains faithful to the overall 75 percent retirement benefits cap.

The 6 percent/9 percent plan: CPR’s other plan design presents a clear philosophical alternative to the governor’s hybrid proposal for new employees. Appealing more to staunch conservatives and libertarians, it would:

-      Limit the government employer’s annual contributions to 6 percent of base income for general employees and 9 percent for public safety. Employees pay all remaining costs including amortization of unfunded liabilities in a defined-benefit plan, and no less than the employer’s share. This provision shifts all investment risk to the employees and away from employers.

-      Provide an additional Social Security equivalent replacement income plan for those outside that system. To put this in perspective, public employees in the Social Security system would see combined employer/employee contributions of at least 24 percent of their base pay, and public safety professionals would see combined contributions of 30 percent or more. That’s still a lot of money going for retirement: few private employers provide retirement benefits at such a level. Those outside the Social Security system would receive equivalent benefits at lower cost because pension plans can deliver the same benefits for less without contributing to national income redistribution like the rest of us taxpayers.

-      Prohibit any defined-benefit plan for new employees from burdening a government employer with liabilities beyond its annual contributions. Some reporters have assumed that this requires 401(k)-style, defined-contribution plans, but that oversimplification is erroneous. This version of the CPR proposal simply requires that somebody other than the taxpayers must hereafter bear the risks. If employees want a guaranteed benefit, they can (1) demand a union-run, Taft-Hartley-like plan in which the workers run the system and collectively bear the investment risks, or (2) the pension trustees can buy institutional group annuities underwritten by third parties or (3) existing pension funds can offer a qualifying defined-benefit plan in which future employees and not the employers are responsible for all unfunded liabilities. This version simply says that employees can’t have their cake and eat it too. Government employees can no longer expect taxpayers to guarantee benefits on the basis of the unpredictable and variable stock market returns now used to calculate advantageously low contribution rates, while they tell the world that they themselves should not be subjected to market risk.The price tag of that privilege nationwide now exceeds $400 billion as I see it. This proposal recognizes that investment risk has a cost as well as a benefit, and freedom from investment risk has a price. So it requires those who want freedom from risk to pay the price of that freedom in a risky world -- and not the taxpayer who has never had a voice in the matter. Here, the “6 percent/9 percent” proposal differs significantly from the governor’s and the CPR hybrid, which would share market and actuarial risks more equally. I personally prefer the hybrid design for new hires, as my prior columns have explained, but this version has its rationale and a legion of strong advocates.

-      In both plans, CPR will require three-year averaging to control pension spiking by current employees after a three-year transition period. Those who want to game the system had better hustle and get out by then, or try to tell the judge later why they are so special.

The Hammer. Finally, we come to the most interesting and thoughtful part of the CPR proposal -- its remedy for severely underfunded pension plans. Governors, mayors, school boards and underwater pension boards nationwide will be watching this one. Going well beyond anything Brown has proposed, the CPR folks figured out a way to begin fixing the broken pension systems’ massive unfunded liabilities. They have looked at federal case law regarding the revision of pension benefits, and established what I would call an “emergency remedial provision” that empowers employers to require higher contributions for current employees if their budgets cannot tolerate proper funding of a distressed plan without impairing essential public services.

First the pension plans must evaluate and begin to shore up their funding status using standards similar to those required of private companies under federal pension laws. What’s good for the goose is good for the gander, CPR proponents would say: A severely underfunded governmental pension plan requires just as much public intervention as a corporate plan. Thus, the same rules that protect private-sector workers would be used to protect California taxpayers. These standards require the plan to attain the 80 percent funding level that is often cited as prudent, using a more-conservative valuation based on federal rules for the private sector.

Thus, most major pension plans in the state are presently “at risk” under this definition. Until their funding improves, that status triggers a requirement for the public employer to properly fund its required contributions to relieve the plan of its “at risk” status. If the employer cannot afford to make those contributions without impairing essential services, then it can impose a similar 6 percent/9 percent limitation on its contributions towards the plan’s normal cost, and compel current employees to pay the difference. The employer’s savings must still be contributed toward the unfunded liabilities in most cases, so the pension plan receives more money each year as a result.

Balancing the impact on current employees. These employers may also require current employees to contribute toward the unfunded liabilities if “necessary and equitable.” That will require due process and findings of fact. Employees are protected by a 3-percent-of-pay comprehensive annual cap on such contribution increases, to phase-in the remedial funding. Employees also would be allowed to suspend their participation in the plan and opt instead into the plan offered to new hires, if they don’t want to pay the higher costs of continuing to receive more service credits in their current, richer plan. It should go without saying, but employers are still free to raise non-recurring pay under this system to equitably mitigate part of the contribution increases, if such can be done without impairing public services or the plan’s actuarial status.

This provision might have been simpler in design, but its structure and logic flow from the new hire provisions explained earlier. More importantly, it takes into account the time-tested pension funding standards used by the federal government for private-sector plans in a way that provides a rational basis for determining which pension plans really require a remedy and which employers need to raise employee contributions from incumbent workers. If the employer’s budget can bear the costs of fixing its pension problems, then current employees can continue with the status quo. But if the public would be required to suffer a loss of essential services in order to properly fund the pension plan, then it’s time for the employees to step up and pay more -- or opt into a lower-cost benefit plan.

Unlike pension reforms and benefits modifications in other states that have been upheld by federal courts, this arrangement is legally even softer for employees: it requires only that their future contributions increase, not that their benefits must change. These modifications cannot be invoked unilaterally without cause, using the federal government’s own standards for evaluating pension plan funding. There must be a finding of compelling necessity and equitable treatment of the employees by the employers. In my lay opinion, this legal structure should stand up well against the “minimum change necessary” and “reasonable remaining benefit” tests that federal courts have applied historically when upholding public pension plan changes for vested government employees.

The one missing piece. If I have any criticism of this arrangement, it would be the same one I expressed previously: it would be better if it included OPEB retiree benefits plans as well. Almost all OPEB plans in the state flunk this 80 percent test, and they should be addressed in a similar fashion by legislators when they start deliberating over the governor’s proposal. It’s too bad that CPR couldn’t also apply this remedy to OPEB, for legal reasons explained above.

Credit where credit is due. What I haven’t said thus far, and must say here, is that regardless of how this all plays out in the California political theatre, the CPR folks have done the state, its citizens, its local governments and the pension community a great service by putting their ideas out there for everybody to consider and evaluate. They have crafted a carefully constructed proposal with plenty of legal advice that is invisible to the naked eye but obvious to those who follow these issues closely. They address three of the four major weaknesses I identified in the governor’s proposal last week, and for that alone they deserve credit. The Legislature now faces earnest competition for thought leadership and the voters’ support. Pension reform is not pleasant work; sacrifices are inevitable all-around. There are hundreds of billions of dollars of pension and OPEB debt in California alone. A sustainable remedy is urgently needed, which these alternative measures can provide. As with the governor’s proposal last week, CPR’s initiative will be a game-changer. Californians can finally hope to see light at the end of the dark tunnel of pension abuses and pension deficits entrapping the state and its municipalities.

What’s next? The CPR folks will select a single proposal for signature-gathering after they hear from the attorney general and the legislative analyst, who review ballot proposals. Unions have opposed these measures and spokesmen have labeled them “extremist” or “illegal.” (I’m always amazed that a constitutional amendment that clears the attorney general’s office, seeking to cure judicial interpretations and defects in current laws, could be called “illegal” on its face. I would like to think that in a democracy, voters can trump lawyers and spin-doctors, but I’m not qualified to argue that one before the bar. With respect to federal law issues: The CPR remedies for current employees appear to be tame, disciplined and informed by standards upheld in federal courts in other states, so it’s hard to see an obvious federal issue here.) What’s more important now is the manner in which the Legislature takes up the governor’s proposal, as I suggested they ought, in my column last week.

Labor lobbyists now have to decide where and when to pick their fight. Journalists have already reminded everybody of the consequences of legislative dithering in 1978 when tax-limitation-fever swept the original Prop 13 into law. (Historical note: Jerry Brown was a first-term governor in 1978 and will surely remind the Legislature and labor lobbyists of the lessons he learned.) So I’d be willing to bet we’ll see something noteworthy come out of Sacramento that includes most of the seasoned, wiser governor’s proposals.

Thus the wild card now is whether the Legislature can include enough of the fundamental CPR reform proposals to swing a Grand Compromise that would call off the dogs who will be circulating their competing petition. Unless union-friendly legislators agree to install the governor’s hybrid, enable prospective changes in benefits for new hires, craft a comparable remedial process for the severe under-funding problems of today’s system, and clear a viable path for current employees to share more of those fix-it costs, I seriously doubt that the pension hawks will withdraw once they raise the money to fight this battle.

That said however, a genuine long-term compromise solution might still be possible if it includes most of CPR’s fundamental fiscal reform provisions and a companion bill in the legislative package to enact similar reforms of the equally large OPEB mess that CPR can’t fix on its own. If they could also secure statewide OPEB reform in the final Sacramento package, GOP legislators and the CPR leaders should consider settling for a little less on the pension side. That would provide a loaf-and-a-half for everybody who’s serious and pragmatic about fixing California’s retirement plan finances, and not just the half-a-loaf-plus-margarine in the governor’s proposal. At least, that’s what I’d encourage.

(Theatre program): Following these proposals and the ensuing media response, the curtain has now dropped on Pension Prop 13, Act One, Scene One: The Gauntlets. Without intermission, the cast will next present Scene Two: The Petitioners and The Horse-Traders. After a full intermission, Act Two will feature the Midsummer Nights’ Campaigns which will be followed by a second, brief intermission and then the closing Act Three: The Fall Election. In the next twelve months, we can all look forward to some great political theatre featuring high drama, pageantry and a cast of thousands.

You may use or reference this story with attribution and a link to
http://www.governing.com/columns/public-money/pension-prop-13.html

11/8/2011: from the Daily Reckoning
All Eyes on the Problem of the Day
Italian Debt Crisis Takes Center Stage

Reckoning today from Paris, France...

What’s in the news today? More of Europe’s attempts to ignore its own breakdown.

Now Papandreou is gone and the Greeks are trying to put together a new coalition government with more credibility. At least, that’s what the newspapers tell us. For our part, we don’t believe the new government will have any more credibility than the old one. Why would it? Papandreou was not a bad egg. He was just in an impossible situation. And that situation hasn’t changed.

“In Greece, the developments are cataclysmic,” said Wolfgang Schauble, German Finance Minister. “Every day it’s a new problem.”

Right. And Greece was yesterday’s problem.

Today, Italy is the problem du jour. Or, perhaps we should say the problem di giorno. Analysts make comparisons and contrasts. Both Italy and Greece have olive trees. Both produce wine. Both have sunny weather and nice beaches. And both have a credibility problem. But only Greece has a real “point of no return” debt problem.

Italy’s debts really aren’t so bad. Yes, it has government debt-to- GDP of 120%. But its household sector has little debt, only 40% of GDP compared to 75% across the Eurozone. This is attributed to the fact that so much of the economy is ‘off-the-books’...cash and carry. When you cash and carry you don’t have much debt. At least, not in Italy. The Italians know how to operate an off-the-books economy...and how to collect debts.

But they don’t collect taxes very well. Cheating on one’s taxes is a point of honor among Italians. After all, they are a very civilized people. They care about their pasta and their bunga-bunga parties. As for taxes, they know tax money is squandered. They prefer to squander it themselves.

Many Italians earn money in ways that never appear on the nation’s accounts. That’s why Italy is probably a much richer country than the numbers suggest. Much of the output is never recorded...and never taxed. You have to admire a people who can do that.

The problem in Italy, say the papers, is that investors have lost faith in the government. It’s not surprising to us. What is amazing to us that they ever had any faith in the government in the first place. Governments are not to be trusted; every thinking person knows that.

Italy has a deficit only half the size of the US deficit. Its problem is that it needs to roll over a quarter of its debt in the next couple of years. That would be no problem — because Italy can afford it — as long as interest rates remain low. But when investors lose faith in the government’s ability or willingness to squeeze taxpayers on their behalf...things begin to fall apart. Last time we looked, Italian 10-year bonds were yielding 6.66%. That has a sinister sound to it. And it has a deadly look about it.

The Financial Times says Italy is in the “danger zone.” Silvio Berlusconi vows to “fight on”...but it looks like the war may be already lost.

But who knows? Every day is a new problem. And exactly the same old problem. The world has too much debt. All the sturm and drang in Europe...as in America...is really about who pays it, how, and when.

11/8/2011: US Poverty Stats: Where the Feds Are At Fault by Bill Bonner

Remember our report from yesterday: “Generation Jobless” was how The Wall Street Journal put it. Here’s more. From the blog “Economic Collapse:”

19 Statistics About The Poor That Will Absolutely Astound You.

#1 According to the US Census Bureau, the percentage of “very poor” rose in 300 out of the 360 largest metropolitan areas during 2010.

#2 Last year, 2.6 million more Americans descended into poverty. That was the largest increase that we have seen since the US government began keeping statistics on this back in 1959.

#3 It isn’t just the ranks of the “very poor” that are rising. The number of those just considered to be “poor” is rapidly increasing as well. Back in the year 2000, 11.3% of all Americans were living in poverty. Today, 15.1% of all Americans are living in poverty.

#4 The poverty rate for children living in the United States increased to 22% in 2010.

#5 There are 314 counties in the United States where at least 30% of the children are facing food insecurity.

#6 In Washington DC, the “child food insecurity rate” is 32.3%.

#7 More than 20 million US children rely on school meal programs to keep from going hungry.

#8 One out of every six elderly Americans now lives below the federal poverty line.

#9 Today, there are over 45 million Americans on food stamps.

#10 According to The Wall Street Journal, nearly 15 percent of all Americans are now on food stamps.

#11 In 2010, 42 percent of all single mothers in the United States were on food stamps.

#12 The number of Americans on food stamps has increased 74% since 2007.

#13 We are told that the economy is recovering, but the number of Americans on food stamps has grown by another 8 percent over the past year.

#14 Right now, one out of every four American children is on food stamps.

#15 It is being projected that approximately 50 percent of all US children will be on food stamps at some point in their lives before they reach the age of 18.

#16 More than 50 million Americans are now on Medicaid. Back in 1965, only one out of every 50 Americans was on Medicaid. Today, approximately one out of every 6 Americans is on Medicaid.

#17 One out of every six Americans is now enrolled in at least one government anti-poverty program.

#18 The number of Americans that are going to food pantries and soup kitchens has increased by 46% since 2006.

#19 It is estimated that up to half a million children may currently be homeless in the United States.

Now, dear reader, we ask ourselves: how could the most sophisticated, most dynamic, best capitalized, high tech enhanced capitalism in history produce such an outcome?

The answer is simple: capitalism doesn’t give you what you want. It gives you what you deserve. And it usually does so with such a long delay that few people connect cause with effect.

Instead, they rant and rave. They blame the rich. They call for more regulation. More distribution. More handouts, subsidies, and bailouts.

They demand that the feds ‘do something!’…not realizing that the feds — more than anyone else — are responsible for their misery:

The feds tricked them into spending more than they could afford — with artificially low rates and EZ credit.

The feds loaded them up with mortgage debt — thanks to their federally subsidized mortgage industry.

The feds practically invented sub-prime mortgage debt; and directed lenders towards the poorest and most vulnerable parts of the society.

The feds enticed old people into complete dependence — with the Social Security, Medicaid and Medicare programs.

The feds led the young into debt too — with easy student loans that effectively transferred money from them to the education industry.

The feds jimmied the health system into such a mess that Americans now spend 45 times as much as Cubans…and have the same life expectancy.

The feds’ funny money system caused the export of millions of good jobs to emerging markets.

Rise up, ye debt-trodden masses! Rise up against your real enemy: the feds. You have nothing to lose but your chains

Regards, Bill Bonner for The Daily Reckoning

11/8/2011: Small Business: A Good Worker Is Hard to Find
by Kathleen Madigan

Water, water everywhere — and not a drop to drink. The U.S. labor pool has nearly 14 million unemployed workers, yet more small businesses complain about the dearth of qualified workers.

In a new survey by The Hartford Financial Services Group, 40% of small businesses (defined as companies at least one year old, with fewer than 100 employees and revenues $100,000 or more) say it is “not easy at all” to find good help. Only 14% say hiring good workers is “very” or “extremely” easy.

The difficulty in finding qualified workers also shows up in the October report by the National Federation of Independent Business that polls small businesses that typically employ five people and have median gross sales of about $350,000 annually.

Almost one third of NFIB respondents say they have seen few or no qualified applicants for their firms’ open positions. That despite an increasing share of business owners raising compensation.

Much has been made of the failure of the U.S. educational system to produce highly skilled science and engineering professionals. But it isn’t only technical expertise in demand. Finding people who get to work on time seems to be difficult.

In August, the Federal Reserve Bank of New York asked regional manufacturers about finding good workers. The second biggest challenge — after computer skills — was hiring workers who were punctual and reliable.

Businesses of all sizes have been slowly increasing their demand for labor since the recession ended. The Labor Department said Tuesday there were nearly 3.4 million job openings in September, the highest number since August 2008. Hiring is also up, suggesting the rising number of openings is not the result of companies holding back from making a job offer when the right applicant is found.

Small-business owners who are strapped for cash would probably like the government to provide the retraining. But that seems unlikely in today’s political environment.

The end result is an economy that has 4.2 jobseekers for every opening, yet many small businesses cannot find applicants for the work needed.

The gap highlights the problem of structural unemployment. Unemployed workers lack the skills needed or can’t sell their homes and move to areas where the jobs are. And the longer a person is unemployed, the greater the risk his or her talents will erode and become obsolete.

Fed Chairman Ben Bernanke has called long-term unemployment a “national crisis.” It could prove to be the longest-lasting hangover of the Great Recession.

11/08/2011 Where Are Your Papers? By Wendy McElroy

“Your papers!” In old movies, the demand is barked at trembling travelers by a Nazi with a guttural accent. If the demand is made in the opening scene, then the audience knows immediately that they watching a totalitarian state in which travelers are in danger.

“Your papers!” now rings out at every American airport and border crossing. The accent is different but travelers need to recognize with equal immediacy that a totalitarian state is playing out in front of their eyes, and they must be careful.

A passport is where the security theater begins. Indeed, without a passport those who wish to fly or cross a border are not “allowed” to be scanned, searched, interrogated, or undergo a plethora of other indignities imposed by uniformed thugs. The hoops through which passport carriers jump are all prelude to “permitting” them to exercise a right belonging to every freeborn person: the right to travel.

Things were not always this way. It is important to remember that there once was a world in which people traveled freely across borders without paperwork to visit families, pursue education, conduct business, and mingle. Freedom worked once. It enriched the world economically, culturally, and psychologically.

European nations pioneered many if not most aspects of the modern passport. The passport as an official permission or protection, and not merely as identification, arose because of armed conflicts. In the 17th century, sea voyaging was key to trade, travel, and the maintenance of empire. With some frequency, war interrupted that flow. Therefore, neutral vessels were granted passports or “sea letters” from a port of departure, which permitted them to journey in safety.

By the mid-19th century, mandatory passports had largely disappeared from Europe and Asia, with Czarist Russia and the Ottoman Empire being prominent exceptions. The change was largely due to three factors. First, governments were pressured to open up borders so that goods and services could flow across an increasingly industrialized Europe. Second, the period between the last Napoleonic War (1815) and World War I was unusually peaceful. Third, railroads now dominated travel. Their speed and the sheer number of travelers made traditional methods of checking documents impractical.

Thus, with trade and peace, mandatory passports declined.

War brought them back to life. With World War I, European nations once more imposed requirements not only to identify “enemies of the state” (e.g., spies or the citizens of belligerents) but also to control the outward flow of skilled labor in order to maintain their own workforces. In short, passports once again became social controls and, like the United States, many European nations maintained their requirements after the War.

World War II made passports mandatory on a virtually worldwide basis. Although passport requirements loosened once more after the WWII, the war on terror in the wake of 9/11 has raised those requirements to unprecedented levels. The ebb and flow of passports is that of war itself.

The American passport was also rooted in war, specifically the American Revolution (1775-1783). The first one was issued in 1783; based on the French “passport,” it was designed and printed by Benjamin Franklin. It was a single page with a description of the bearer(s) and his or their signature(s). For example, when John Adams, Benjamin Franklin, and John Jay acted as ministers plenipotentiary in traveling to Great Britain to seal the terms of peace, all three names were on one passport. It was addressed “TO ALL Captains or Commanders of ships of war, privateers, or armed Vessels…”

During the Articles of Confederation period (1783-1789), passports were issued but not required. When the US Constitution was ratified, creating a new government, passports continued to be issued but not required. Many American states and cities also issued their own “voluntary” passports until 1856 when the Department of State exerted a federal monopoly, ostensibly to eliminate confusion.

Nevertheless, passports were not mandatory except for a period during the American Civil War (1861-1865) and during World War I (1914-1918). The latter can be seen as the beginning of the current American passport. On December 15, 1915, President Woodrow Wilson issued Executive Order No. 2285, “[r]equiring American citizens traveling abroad to procure passports.”

This was followed in 1918 by an act of Congress granting the president authority to require passports during time of war. Passports remained mandatory until early 1921.

Thereafter, the United States continued its “no-passport-required” travel policy until another war: World War II (1939-1945). In 1941, passports became mandatory for travel abroad and remain so to this day. (Travel to Canada used to be an exception; until recently, proof of citizenship was all that was required to cross the border.)

Passports clearly function as an essential and effective means through which a state can control the person and property of its residents. Consider the United States. No one can legally leave without one.

And yet passports can be denied for a myriad of reasons that have nothing to do with being “an enemy of the state” but rest strictly on statutory grounds. Common reasons for denial include owing money to the IRS, a federal arrest, a state-criminal court order existing, a drug arrest, being on parole or probation. Law-enforcement databases are routinely checked against both passports and applications to weed out those who have committed such offenses as being more than $2,500 behind on child-support payments. Passports can also be revoked for several reasons, although revocation is far less common.

Those who meet the legal requirements for a passport move on to the next stage of social control. After handing over documents, a traveler is questioned about the reasons for travel, how much money he carries, his occupation, and virtually any other question a border agent wishes to ask. The traveler’s person and property are “searched” in various ways, including a strip search at the agent’s discretion. If the traveler questions or evinces disapproval, then he could be denied the “right” to board a plane, thus wasting an expensive ticket. Or he may be pulled aside for special treatment, including fines or interrogation by the police.

Requiring a passport as the key to freedom of movement is akin to gagging someone while maintaining that he retains freedom of speech.

The passport has grown into what is arguably the single most powerful tool of totalitarian America, second only to law enforcement itself. It no longer pretends to protect individuals; not a single terrorist has been apprehended as a result of passport checks. But it does cement the totalitarian state. The mandatory passport should be reviled and rejected as an abuse of human rights and common decency. A nation that requires one cannot be free.

Regards, Wendy McElroy, for The Daily Reckoning

11/08/2011: The Disaffected Young Men of a Depressed Economy
by Bill Bonner

What does a modern depression look like? Take a peek. The Wall Street Journal:

Generation Jobless: Young Men Suffer Worst as Economy Staggers

The unemployment rate for males between 25 and 34 years old with high-school diplomas is 14.4% — up from 6.1% before the downturn four years ago and far above today’s 9% national rate. The picture is even more bleak for slightly younger men: 22.4% for high-school graduates 20 to 24 years old. That’s up from 10.4% four years ago.

For such men, high unemployment is eroding their sense of economic independence. Their predicament reflects that of a generation of Americans facing one of the weakest job markets in modern history.

“We’re at risk of having a generation of young males who aren’t well-connected to the labor market and who don’t feel strong ownership of community or society because they haven’t benefited from it,” says Ralph Catalano, a professor of public health at the University of California, Berkeley.

The share of men age 25-34 living with their parents jumped to 18.6% this year, up from 14.2% four year ago and the highest level since at least 1960, according to the Census Bureau.

*** The WSJ article tells the story of young men who have been disappointed. In the boom years it was easy to make money — too easy. One made $14 an hour installing granite countertops. With plenty of overtime. Now, he’s making $11 an hour, when he can get work. And his marriage has broken up.

Capitalism, as he understands it, has been a failure for him. The Republicans have failed him. The Democrats have failed him. Education has failed him. Marriage has failed. It all must look like such a fraud...the American Dream...the hopes for a better life...the consumer society...the housing boom...the suburbs, the Hummer, the happy family. All of the promises of 2,000 years of accumulated civilization have disappointed him.

Since we, here at The Daily Reckoning, are making guesses...forecasts...and predictions...

...well, here’s one: These disappointed young men are on the cutting edge, so to speak...where politics and economics come together. Like the disappointed veterans of WWI, they are ready for a change...ready for revolution. For the present, they bide their time, playing video games such as Call of Duty. They are not sure whether the world has failed them...or whether they have failed. Surely someone will come along to straighten them out...explaining how it was not their fault...and telling them what to do about it.

What rough beast, his hour come round at last, slouches towards the Potomac...?

Regards, Bill Bonner, for The Daily Reckoning

11/08/2011: Generation Jobless: From Ivied Halls to Traveling Salesman
by Dana Mattioli

Weak Job Market Pushes More College Grads Into Commission Sales; They’re Hawking Knives, Insurance

11/07/2011 Generation Jobless: Young Men Suffer Worst as Economy Staggers
by Conor Dougherty

PORTLAND, Ore.—Few groups were hit harder by the recession than young men, like Cody Preston and Justin Randol, 25-year-old high-school buddies who didn’t go to college.

The unemployment rate for males between 25 and 34 years old with high-school diplomas is 14.4%—up from 6.1% before the downturn four years ago and far above today’s 9% national rate. The picture is even more bleak for slightly younger men: 22.4% for high-school graduates 20 to 24 years old. That’s up from 10.4% four years ago.

In contrast to those men, Messrs. Preston and Randol are old enough to have had some time in the job market. They worked together installing granite counters before the housing bust.

Mr. Preston married his girlfriend and settled into what he assumed would be a secure pattern of long hours on job sites and enough cash to travel and enjoy restaurants and bars. Mr. Randol at one point felt flush enough to buy a 63-inch television set and a 50-gallon fish tank for his apartment.

Then the recession hit. Neither man has found steady work since that pays as much as he earned before. Mr. Preston’s marriage broke up and he moved back in with his parents, an increasingly common pattern for jobless young men. Mr. Randol has made do with help from girlfriends and by living in houses packed with roommates to keep the rent low.

For such men, high unemployment is eroding their sense of economic independence. Their predicament reflects that of a generation of Americans facing one of the weakest job markets in modern history.

“We’re at risk of having a generation of young males who aren’t well-connected to the labor market and who don’t feel strong ownership of community or society because they haven’t benefited from it,” says Ralph Catalano, a professor of public health at the University of California, Berkeley.

Mr. Preston has a steady job, making parts for recreational vehicles for $11 an hour. And living with his parents rent-free allows him to start paying off debt he built up during the slump, he says. But he keeps looking for work that will pay the $14 an hour he made installing granite. What made construction especially attractive was the potential for lots of overtime, which allowed him to beef up his paychecks.

On a recent afternoon, he sat in his parents’ kitchen, combing online classified ads. But construction work remains scarce and other positions available for which he’s qualified don’t pay more than he makes at the factory.

Sue Preston, his mother, says several of her friends are helping out their grown sons, providing either money or shelter or both. She works in payroll at a telecommunications company, and neither she nor her husband, a truck driver who worked his way up into operations, has a college degree. That wasn’t an issue when they were starting out, she says: Trade and production jobs were not only available, in many cases they paid enough that many blue-collar wives didn’t have to work.

Now she worries that lower wages—and, more pressingly, the dearth of jobs—has left young men like her son disaffected and depressed. “They’re working minimum-wage jobs and a lot of times, they don’t have benefits, they don’t have a full 40 hours a week. It’s such a struggle they’re kind of like, ‘What for? All I’m doing is surviving,’ “ she says. “They have to move back home or they have to have multiple roommates. How are you going to take on a wife and a family in that situation?”

The share of men age 25-34 living with their parents jumped to 18.6% this year, up from 14.2% four years ago and the highest level since at least 1960, according to the Census Bureau.

Mr. Randol, an ex-convict who is in irregular contact with his parents, says he doesn’t have access to the live-at-home reset button. So the Portland native is stretching his $187-a-week unemployment checks by living in a two-story $1,000-a-month house, 40 minutes away in St. Helens, Ore., that he splits with a couple and a friend whose claim to a small bedroom fluctuates based on whether he has a girlfriend.

Mr. Randol admits that over the past three years he’s indulged in too much beer and “Call of Duty,” the popular war-simulation videogame. Empty liquor bottles line the top of his kitchen cabinets as decoration. “I just hope stuff gets better,” he says as he battles online rivals one evening.

Mr. Randol says he’s looking for work but grumbles that the remodeling jobs advertised pay between $10 and $12 an hour, with no assurance of full-time work.

Mr. Randol was a poor student who got in trouble in high school and earned a high-school equivalency certificate in lieu of a diploma. He is the first to admit that a checkered past has hampered his job prospects. In 2004 he served a year for burglary and not long after added an assault charge that resulted from a fist fight during a night of hard partying.

But when the housing boom came, he says, his past wasn’t such a big issue. After working fast-food counters and other minimum-wage jobs, in 2007 he landed a position installing granite for Fineline Pacific. He started at $10 an hour and within six months was making $15, with plentiful overtime. Mr. Randol told Mr. Preston to apply. He did and was hired.

“They were looking for anybody who would show up to work,” says Ted Sherritt, chief executive of Floform Countertops, the Winnipeg, Manitoba, company that acquired Fineline.

Mr. Preston lived well with his construction money. He took out his girlfriend frequently and paid for a snowboarding trip, during which he proposed to her at the summit of Mount Hood, Ore. Married, they settled in Canby, Ore., about 40 minutes from Portland. “I was in a hurry to grow up,” he says.

Both Mr. Preston and Mr. Randol say the first sign of trouble appeared on a white dry-erase board at company headquarters. The list of jobs became short, and then empty.

Mr. Sherritt says sales at the company dropped 40% through 2008 and 2009. When it reduced head count, Mr. Randol was among those let go. Floform acquired Fineline late in 2008.

Mr. Preston was kept on a bit longer than his friend but eventually lost his job, too. Mr. Preston was able to find work at a bike store, a skate shop and other retailers, but at lower wages than at his construction job and often with sporadic hours.

To save on rent, he and his wife moved to her parents’ house in Salem, Ore., a 45-minute drive from Portland. Later, when the couple separated, he went to live with friends in Bend, Ore., 3½ hours from Portland. He found occasional jobs—one was at a gas station—but after a few months gave up and moved home.

“I wasn’t living, I was surviving,” he says.

11/07/2011: Generation Jobless: Is an Ivy League Diploma Worth It?
by Melissa Korn

11/07/2011: Generation Jobless: For Those Under 24, a Portrait in Crisis
by Lauren Weber

11/07/2011: Generation Jobless: Students Speed Through College to Save Money by Emily Glazer

11/07/2011: Among Minorities, a New Wave of ‘Disconnected Youth’
by Lauren Weber

11/5/2011: From “Reinvest” to “Occupy” by Erwin Haas

The “Occupy” movement attacks only the superficial side of the problem. It’s like blaming the gardener, instead of the weather, when the flowers die.

Times are hard and our first impulse is to indict what is right in front of us, namely, banks, corporations, the people who have made money by merely observing and accurately interpreting the idiocy around them — people who have taken advantage of the economic distortions to make money.

Banks, corporations, and wealthy people happily obeyed the Community Reinvestment Act, passed by Congress, and used the cheap money created by the Fed to make obscene profits in the five years or so before 2007. Since that time, they have made even more profits by borrowing short-term money at almost zero interest rates, forced into the economy by the Fed, and investing in long-term Treasuries at 3%, the so-called carry trade. If there is a trough, there will be pigs.

The government is the ultimate source of the misallocations that have and probably will continue to impoverish “the 99%.” “Occupy” and its supporters who “believe,” in their government-school-induced darkness, that the government can “save” them from evil “capitalists” seem to be screwing their heads into a socket that produces very little light.

About this Author: Erwin Haas lives in Grand Rapids, where he writes, films videos, and plays at Libertarian politics.

11/5/2011: Obama: The Affirmative Action President by Matt Patterson
(columnist - Washington Post, New York Post, San Francisco Examiner)

Years from now, historians may regard the 2008 election of Barack Obama as an inscrutable and disturbing phenomenon, a baffling breed of mass hysteria akin perhaps to the witch craze of the Middle Ages. How, they will wonder, did a man so devoid of professional accomplishment beguile so many into thinking he could manage the world’s largest economy, direct the world’s most powerful military, execute the world’s most consequential job?

Imagine a future historian examining Obama’s pre-presidential life: ushered into and through the Ivy League despite unremarkable grades and test scores along the way; a cushy non-job as a “community organizer”; a brief career as a state legislator devoid of legislative achievement (and in fact nearly devoid of his attention, so often did he vote “present”) ; and finally an unaccomplished single term in the United States Senate, the entirety of which was devoted to his presidential ambitions. He left no academic legacy in academia, authored no signature legislation as a legislator.

And then there is the matter of his troubling associations: the white-hating, America-loathing preacher who for decades served as Obama’s “spiritual mentor”; a real-life, actual terrorist who served as Obama’s colleague and political sponsor. It is easy to imagine a future historian looking at it all and asking: how on Earth was such a man elected president?

Not content to wait for history, the incomparable Norman Podhoretz addressed the question recently in the Wall Street Journal:

To be sure, no white candidate who had close associations with an outspoken hater of America like Jeremiah Wright and an unrepentant terrorist like Bill Ayers, would have lasted a single day. But because Mr. Obama was black, and therefore entitled in the eyes of liberaldom to have hung out with protesters against various American injustices, even if they were a bit extreme, he was given a pass.

Let that sink in: Obama was given a pass – held to a lower standard [and continues to be held to a lower standard, measured against which he is still an abysmal failure] – because of the color of his skin. Podhoretz continues:

And in any case, what did such ancient history matter when he was also so articulate and elegant and (as he himself had said) “non-threatening,” all of which gave him a fighting chance to become the first black president and thereby to lay the curse of racism to rest?

Podhoretz puts his finger, I think, on the animating pulse of the Obama phenomenon – affirmative action. Not in the legal sense, of course. But certainly in the motivating sentiment behind all affirmative action laws and regulations, which are designed primarily to make white people, and especially white liberals, feel good about themselves.

Unfortunately, minorities often suffer so that whites can pat themselves on the back. Liberals routinely admit minorities to schools for which they are not qualified, yet take no responsibility for the inevitable poor performance and high drop-out rates which follow. Liberals don’t care if these minority students fail; liberals aren’t around to witness the emotional devastation and deflated self esteem resulting from the racist policy that is affirmative action. Yes, racist.

Holding someone to a separate standard merely because of the color of his skin – that’s affirmative action in a nutshell, and if that isn’t racism, then nothing is. And that is what America did to Obama.

True, Obama himself was never troubled by his lack of achievements, but why would he be? As many have noted, Obama was told he was good enough for Columbia despite undistinguished grades at Occidental; he was told he was good enough for the US Senate despite a mediocre record in Illinois; he was told he was good enough to be president despite no record at all in the Senate. All his life, every step of the way, Obama was told he was good enough for the next step, in spite of ample evidence to the contrary. What could this breed if not the sort of empty narcissism on display every time Obama speaks?

In 2008, many who agreed that he lacked executive qualifications nonetheless raved about Obama’s oratory skills, intellect, and cool character. Those people – conservatives included – ought now to be deeply embarrassed. The man thinks and speaks in the hoariest of clichés, and that’s when he has his teleprompter in front of him; when the prompter is absent he can barely think or speak at all. Not one original idea has ever issued from his mouth – it’s all warmed-over Marxism of the kind that has failed over and over again for 100 years.

And what about his character? Obama is constantly blaming anything and everything else for his troubles. Bush did it; it was bad luck; I inherited this mess. It is embarrassing to see a president so willing to advertise his own powerlessness, so comfortable with his own incompetence. But really, what were we to expect? The man has never been responsible for anything, so how do we expect him to act responsibly?

In short: our president is a small and small-minded man, with neither the temperament nor the intellect to handle his job. When you understand that, and only when you understand that, will the current erosion of liberty and prosperity make sense. It could not have gone otherwise with such a man in the Oval Office.

 

Read Blogs from Prior Months

Jan 2011

Feb 2011

Mar 2011

Apr 2011

May 2011

Jun 2011

Jul 2011

Aug 2011

Sep 2011

Oct 2011

Nov 2011

Dec 2011

 

Jan 2010

Feb 2010

Mar 2010

Apr 2010

May 2010

Jun 2010

Jul 2010

Aug 2010

Sep 2010

Oct 2010

Nov 2010

Dec 2010

 

Jan 2009

Feb 2009

Mar 2009

Apr 2009

May 2009

Jun 2009

Jul 2009

Aug 2009

Sep 2009

Oct 2009

Nov 2009

Dec 2009

 

Jan 2008

Feb 2008

Mar 2008

Apr 2008

May 2008

Jun 2008

Jul 2008

Aug 2008

Sep 2008

Oct 2008

Nov 2008

Dec 2008

January 2008 includes December 2007 & November 2007

Other Old Stuff from dalefogden.net

Other Information about Dale F. Ogden

Dale F. Ogden & Associates
Actuaries & Management Consultants
www.usactuary.com

Dale F. Ogden for Governor
of California 2010
www.dalefogden.org

Dale F. Ogden, Libertarian, for
California Insurance Commissioner, 2006

Dale F. Ogden, Libertarian, for
California State Senate, 2004

Dale F. Ogden, Libertarian, for
California Insurance Commissioner, 2002

Dale F. Ogden, Libertarian, for
California State Assembly, 2000

Dale F. Ogden, Libertarian, for
California Insurance Commissioner, 1998