To Purchase a Little Temporary Safety


Back in the mid-nineties, I was obsessed with collectable trading card games like Magic: The Gathering (this is not a fact I take pride in). I ended up spending far too much time and money on several of these games, but the one I played the least and enjoyed the most was one called Illuminati: New World Order. The basic premise of the game was that there are several secret societies vying to take over the world, and each player takes the role of one of these groups.

There are a lot of reasons I loved it so much, but the biggest reason of all was a little quirk in the incredibly byzantine rules that made it ever so much fun: unlike all the other games I was playing at the time, if you didn’t claim an advantage you were due, tough shit. You were also under no obligation to inform another player of any bonuses or other benefits they were overlooking. It was every man for himself, and it was (and remains) a complex system. Particularly when you have several people with differing agendas involved at the same time, things can get crazy very quickly, and it’s easy to overlook something even if you know what you’re doing. Oh, and it’s perfectly acceptable to lie to other players (it’s right there in the rules) as long as you don’t get caught.

While all of this makes for a fun night of treachery and backstabbing at the game table, it does very little to make me feel good when I think about our law enforcement and judicial figures doing what amounts to the same thing, only with people’s lives. By not informing suspects of their Miranda rights, such as in the case of bombing suspect Dzokhar Tsarnaev, the police are effectively saying “tough shit, you’re on your own”. The thin veneer of an excuse that I have heard from some directions that “he still has his rights” holds about as much water as saying I have a right to an inheritance I know nothing about. Here we have a complex situation with many people who have different agendas, almost none of whom have the suspect’s interests at heart, and yet we’re supposed to assume that his rights will in no way be violated because he will of course be given the time to compose himself and request a lawyer, he won’t be put under undue pressure to speak, he will naturally be fully aware that he even has rights in the first place.

To further add to the concern, police can and will lie to suspects under normal circumstances, and it is perfectly legal (Frazier v Cupp). So now what should we believe: that a person who has been hunted down and arrested, who may be told anything and everything except his Constitutional rights, will be aware enough to make an informed or even rational decision? Or perhaps it is more likely that he will say something, anything, no matter how fabricated or distorted, to ingratiate himself in that moment? I don’t know, but that’s the point, isn’t it? We don’t know, and we can’t know. All we do know is that torture doesn’t work, so that’s out. Considering the alternative being interrogation that can take days or even weeks, how long are we comfortable denying someone something as basic as the reading of their Miranda rights? Or have we reached the point where there is no sacrifice too great, no cost we are no willing to pay in the name of “security”?

“But he’s a terrorist!” That’s the reasoning that drives this latest abridgment of rights, although frankly I am beginning to wonder if every act of violence will soon be labeled “terrorism” simply to get around the few protections we have left. “Innocent until proven guilty” seems to be the first to have gone.


Political Race


Recently on The Kojo Nnamdi Show, D.C. Council at-large candidate Anita Bonds addressed the question of race in politics quite bluntly, stating that “I just try to make it clear that people want to have their leadership reflect who they are. And the majority of the District of Columbia is still African American, 50 percent is African American, so there’s a natural tendency to want your own.” I’m not going to pretend I wasn’t taken aback by her statement when I heard it repeated on Morning Edition a few days later, but upon reflection I realized that the situation isn’t quite as simple as I wanted to believe at first.

Normally in a situation like this I would turn to my classical liberal values, but I find they come up somewhat short in this instance. It is not as if Ms. Bonds is suggesting that anyone be excluded from participating in the electoral process; she is simply suggesting an opinion of what the people want, and a surprisingly honest one at that. Nor do I believe her intent was to suggest a specific mandatory make-up of the Council to reflect the racial identity of the city. While I may not be inclined to agree with her position, it is her right to express it, and lacking any sort of coercion on the electorate I have no specific objection to offer.

I’m far from a bleeding heart liberal, but I’m at least cognizant of the fact that I have no idea of what it’s like to be a minority in America today. I’ve also studied enough political history to realize that any racial minority, and African Americans in particular, has been vastly under-represented in the political system historically speaking. With that sort of past to draw on, why wouldn’t someone naturally gravitate toward a politician they believe can understand on a gut level their struggles, the things they have had to go through, the issues they have endured? If nothing else, it is, as Ms. Bonds points out, “a natural tendency to want your own”. Given that the majority of the D.C. Council is made up of white politicians in a majority black city, it is at least on the surface a fair point.

On the other hand, if any white politician were to suggest anything of the sort, they would be lucky if the only thing that happened to them was that they were booed out of office. And if we were to take this logic beyond the city level, to the state or even national level, where does that leave us? Are we to suggest to people that rather than trying to find common ground across ethnic and racial lines they should instead further entrench themselves deeper within their bulwarks of isolationism? That hardly seems to be the way forward for us as a country, and I doubt it’s the message that we would want to send to other countries around the world as they struggle with their own sectarian struggles.

Even if we were to take Ms. Bonds’ opinion as valid for the sake of argument, and there are (as I previously mentioned) at least some historical and cultural reasons to do so, it does beg a few questions. The first is, should we expect the Council to perfectly reflect the racial identity of the city? Or are we simply looking to ensure that the politicians that we elect are representing the interests of all the citizens, including those who feel they have been ignored for too long? If so, how do we know that those of one race will be any better than another at being more inclusive? And most of all, at what point do we decide that we’re willing to say we have made up for the iniquities of the past and we are ready to move forward, to elect politicians not because they reflect our appearance but rather because they reflect our values?

The truth is I don’t have the answers to these questions. But based on her willingness to make that assertion, I am left wondering if Ms. Bonds has even asked them.


We Don’t Need No Stinking Incentives!


Two news stories caught my attention recently, both for revealing the federal government’s (and particularly the executive branch) shocking ability to ignore one of the basic laws of economics and psychology (and maybe sociology, but I never studied much of that). Pretty much both of these fields agree, to a greater or lesser extent and for various reasons, that people will respond to incentives. In psychology they call it things like “positive and negative reinforcement”, but apparently in the government they call it “ignore the consequences and just do things you want because the ends always justify the means”.

The first of these stories was a report by the Washington Post that President Obama is leaning on banks to “make home loans to people with weaker credit” (direct quote from headline there). According to the Obama administration, lenders should “use more subjective judgment in determining whether to offer a loan”. Personally I find that a little disconcerting, since according to that same article “since the financial crisis in 2008, the government has shaped most of the housing market, insuring between 80 percent and 90 percent of all new loans, according to the industry publication Inside Mortgage Finance.”

Hey, what’s the key phrase in that last sentence? Was it “financial crisis in 2008”? Why yes, yes it was. I seem to vaguely recall that one. It was triggered by something… let me think… oh, that’s right, a housing bubble driven in large part by risky borrowing, which has been attributed by some (including me) in large part to government policies pushing for more home ownership and led to a bail out of Fannie May and Freddie Mac. But they’re cool now, right? Let’s go back to the Washington Post for confirmation: “the government has shaped most of the housing market, insuring between 80 percent and 90 percent of all new loans…primarily through the Federal Housing Administration, which is part of the executive branch, and taxpayer-backed mortgage giants Fannie Mae and Freddie Mac.” Oh. But that’s not a problem, is it? “If borrowers with FHA loans default on their payments, taxpayers are on the line” – and we’ve already bailed out Fannie and Freddy once before in recent memory.

So what we have here is a political agenda that completely ignores not just economic law and historical trends but recent memory in favor of “doing the right thing” and wishful thinking. Because that’s never caused us any problems before. Here’s a thought: maybe the banks are being overcautious, but they have reason to be. Or maybe they’re being just as cautious as they should be, given that the market hasn’t sufficiently recovered yet. I honestly don’t know. And lest I be accused of being a demagogue, let me point out that I’m arguing against my own interests here. As I’ve noted before, I’d be much better off if the banks started giving out easy money again, because then my wife and I could buy a house (we passed on the last round of insanity). However that’s in the short term, and in the long term it would just be inviting disaster.

But never let it be said I’m not an equal opportunity hater. The other story that got my attention was an indictment of three dozen Atlanta educators for cheating in standardized tests. While the indictment only goes back to 2005, I seriously doubt someone said “Hey, George Bush wouldn’t like this, but I’m sure President Obama would have no problem with it!” More importantly, President Obama wasn’t responsible for the landmark legislation that is the proximate cause for the cheating scandal: No Child Left Behind and the high-stakes testing it engendered.

It’s not just high-stakes for the kids; these teachers apparently had everything on the line, from bonuses to their jobs. Who did they hire as their motivational speaker, Alec Baldwin? I’m in no way condoning what they did, because the people who really got punished are the students. Either they didn’t get the education they were promised or they will always be haunted with the uncertainty of whether they really earned that grade.

But it comes back to incentives, and another phrase from economics, “unintended consequences”. Nobody intended for people to cheat, certainly not teachers and administrators. But the incentives were lined up for them to do just that, just as the incentives are lined up for the common complaint (which I most often hear from teachers) of having to “teach to the test”. Once again we have a case of a political agenda that completely ignores economic laws and (proven after the fact for years) reality in favor of “doing the right thing” and wishful thinking, only in this case we have a clear case of it biting us in the ass right in front of us that is bizarrely reminiscent of a Hollywood movie plot. Unfortunately in this case the underlying problem hasn’t been resolved; we’ve removed the symptom but not the cause.


Three Hours I’ll Never Get Back


It’s that time of year again, one that most Americans hold near and dear to their hearts: tax season. By most Americans I mean “nobody I know”, and by “near and dear to their hearts” I mean “please kill me now”. I’m old enough to remember having to do my taxes by hand on paper (and I was educated in the Bonsall School of Finance, where the only rule is “don’t get caught”), so I have to admit that the idea of online filing and doing things on computers still makes me smile. It’s more like the smile you get when the morphine finally kicks in, however; it’s not that the pain is gone, just that something is covering up most of it.

Why does it have to be this way? Believe it or not, I am not like the stereotypical libertarian in that I acknowledge that I’m going to have to pay at least some taxes; after all, I value some of the services I receive from the government, and I don’t get to pick and choose (although whether I should is a different argument). But I know plenty of people who are gung-ho about government 364 days out of the year, and come April 15 they will scheme just as hard as I do to weasel out of paying a cent more than they must. Sure, some of it is good old-fashioned greed, which I can both respect and admire, but there’s more to it than that. On some level, I have to believe a certain amount of it is just animosity against a ridiculously complex tax code.

I’m not about to turn this into an argument for a flat tax, because that’s as much a moral argument as it is a political or economic one (and frankly there’s no such thing as a serious economic argument when it comes to taxation, at least as long as we keep spending more than we’re taking in, even in the good years). But I am going to take the opportunity to rail against the sheer ludicrous amount of social engineering packed into the tax code, particularly considering how much of it is either (a) ineffective or (b) inefficiently done.

Consider: every deduction, every credit, every line item manipulation away from baseline percentage of income is an attempt by the government (read: politicians) to incentivize people towards or away from a specific kind of behavior. This has nothing to do with the amount of services you consume (otherwise why would we offer a tax deduction for having children?) and, while I am by no means an economist, I am not aware of a school of thought that shows how such a Byzantine approach would stimulate the economy (a free market approach would cut taxes across the board; a Keynesian approach would be to have the government spend the money; the time spent finding the deductions is a deadweight loss either way).

I’ll give a couple examples. First the ineffectiveness, for which I’ll use the home mortgage deduction, the third-rail of tax policy. Everybody loves this one, because it makes home ownership easier for everyone, right? I mean, as long as you file taxes, you get to write off your home mortgage interest, so that makes the house cheaper in the long run. Everybody wins! Except it doesn’t really work that way, because everybody knows about it. And by “everybody”, I mean the people selling the homes and in particular the real estate agents. You really think they don’t jack up the price of the houses knowing you can right off the interest? When’s the last time you went looking to buy a house or for a home mortgage loan and they didn’t make sure to mention that, even in passing? The write-off gets absorbed into the price paid, and what you are left with is… well, you’re no better off, and if they ever do get around to repealing it, you’re stuck holding the bag, which is why nobody even dares to suggest it. Which is why it’s ineffective; nobody is more likely to be able to afford a house, because the market has just responded to the change and absorbed the benefits before the fact.

As for inefficiency, let’s look at something like the way teachers who buy materials for the classroom can right off a certain amount. It’s a small amount ($250), and you need to keep receipts, just in case. This is one of many small deductions meant to encourage what is considered “good” actions in society, and one that I’m actually not going to argue against (because seriously, how can you?). But we expect teachers to be aware of it, to claim it, and to make sure they know exactly how much they spent, just in case, because heaven forbid they get a whole $250.

As an alternative, since the government knows your occupation, why not just give them the $250? I see three possible outcomes here. Worst case scenario, they don’t buy any classroom supplies all year and they get a small bonus for being a teacher. Oh no, we just incentivized people to be teachers. Damn shame that. The second possibility is they buy classroom supplies up to but not beyond $250. They might pocket a small amount (see above), but the real benefit here is they don’t have to keep receipts and they don’t have to make that marginal choice about whether it’s worth it to pick up the supplies for the kids. Possibility number three is they spend more than $250, in which case either they itemize, keep receipts, and go the full troublesome route (if they spent enough), or they just decide “the heck with it” (which they may be doing already) and eat the loss on the extra. If they are doing that anyway, at least this way they don’t have to lose as much money and they get a sense that the rest of us are behind them.

The worst part of all of this is that this sort of Byzantine tax code is more regressive than any other, more visible taxation. Not only do the benefits more easily accrue to the well-heeled (do you know a lot of poor people who can afford to donate 10% of their income to charity?), but even those benefits that can be claimed by the lower income brackets are hard to ferret out. You either need to have the time to spare and the education to find them (unlikely), or the money to afford someone who can do it for you (even more unlikely). The benefits end up in the hands of the wealthy and the tax preparers.

While I oppose using the tax code in any way for social engineering (mostly because I oppose social engineering), if it’s going to be done, let’s at least do it well. There are easily dozens of examples that can be found through a cursory search where the government has more of the required information than we do, from electric car ownership to wetland ownership. Either simplify the tax code by getting rid of all of it and let the people decide what they truly value, or put the burden back where it belongs, and let the people have their time back.


Pork It Up


(To the tune of “Tik Tok” by Kesha)

 

Wake up in the morning feeling like Maynard-Keynes,

I’m out the door, I got my glasses, I’m gonna make some Gs.

Before I leave stuff my pockets with plenty of Bens,

‘Cause in this city that’s the only way to make you some friends.

I’m calling Senators on the Hill, Hill,

Marking up a big bill, bill,

Trying to get my fill, fill.

Drop-dropping donations everywhere, where

Gotta use lots of care, care-

FEC’s starting to stare…

Don’t stop, pork it up, chairman blow my budget up,

Tonight I’mma fight to get you to subsidize!

Tit for tat government is where the real power’s at!

Oh-oh-oh-oh, oh-oh-oh!

Ain’t got no values in the world, but got PAC money to spare.

They care to claim about folks back home but they’re already here.

Now the politicians line up ‘cause it’s close to an election

But we kick ‘em to the curb unless they bring home the bacon.

I’m talking everybody getting new roads, roads,

Public television shows, shows,

Plus new portable phones, phones!

Now, now we’ll spend until the money runs out,

Or the voters come and shut us down, voters come and shut us down,

Voters shut us down, voters shut us do-

Higher tariffs! Subsidies! Smaller government? Please!

That ain’t right, I’mma fight against laws for sunlight!

Don’t stop, pork it up, chairman blow my budget up!

Oh-oh-oh-oh, oh-oh-oh!

D’s and R’s-

You build me up, you tear me down,

You got me spinning around, yeah you got me.

You build me up, you tear me down,

You got me spinning around, yeah you got me.

D’s and R’s-

You build me up, you tear me down,

You got me spinning around, yeah you got me.

You build me up, you tear me down,

You got me spinning around, yeah you got me.

With my hands up

Put your hands up!

Put your hands up!

Put your hands up!

No the debt don’t start ‘til I walk in.

Don’t stop, pork it up, chairman blow my budget up,

Tonight I’mma fight to get you to subsidize!

Tit for tat government is where the real power’s at!

Oh-oh-oh-oh, oh-oh-oh!

Higher tariffs! Subsidies! Smaller government? Please!

That ain’t right, I’mma fight against laws for sunlight!

Don’t stop, pork it up, chairman blow my budget up!

Oh-oh-oh-oh, oh-oh-oh!

 


Sequester Bop


Sequester Bop

(To the tune of The Ramones Blitzkrieg Bop)

Hey, ho! Let’s go! Hey, ho! Let’s go!

Hey, ho! Let’s go! Hey, ho! Let’s go!

They’re selling us a party line. They’re gonna fix it this time.

Politicians losing their minds, Sequester Bop!

They’re running out of money, goin’ crazy down on K Street,

It’s gonna get real bloody, Sequester Bop!

Hey, ho, let’s go, blowing through the cash now!

What they want I don’t know, all revved up and nowhere to go!

GOP blames the Democrats, then they get it right back,

And now here comes the news flack, Sequester Bop!

They’re fleeing out of D.C., they’re selling out you and me,

The politics are plain to see, Sequester Bop!

Hey, ho, let’s go, stab us in the back now!

What they want, they don’t know, all revved up and nowhere to go!

Whether righty or a lefty, they don’t care about the country,

They’re screwing the economy, Sequester Bop!

They’re generating hot air, the truth is that they don’t care,

The people haven’t got a prayer!  Sequester Bop!

Hey, ho, let’s go, pander to the base now!

Who they’re fooling I don’t know, but it’s time for them to go!

Hey, ho! Let’s go!

Hey, ho! Let’s go!


What’s Bad for the Goose


Earlier this week, Glenn Greenwald wrote an excellent piece excoriating many Democrats for supporting the infamous “DOJ kill list memo”. While I agree and sympathize with the point he made, I would like to further expand upon it: I would like to shame all politicians who have not come out against these tactics on both sides of the aisle. They are reprehensible and should be stopped. The fact that they haven’t is, for me at least, further proof that they are neither right nor left, but more concerned with advancing the power of the State, even unto the point of controlling (or ending) the lives of every man, woman, and child they can get in their sights.

The means by which they have done so are particularly reprehensible. To quote Mr. Greenwald:

[T]his document helpfully underscored the critical point that is otherwise difficult to convey: when you endorse the application of a radical state power because the specific target happens to be someone you dislike and think deserves it, you’re necessarily institutionalizing that power in general. That’s why political leaders, when they want to seize extremist powers or abridge core liberties, always choose in the first instance to target the most marginalized figures: because they know many people will acquiesce not because they support that power in theory but because they hate the person targeted. But if you cheer when that power is first invoked based on that mentality – I’m glad Obama assassinated Awlaki without charges because he was a Bad Man! – then you lose the ability to object when the power is used in the future in ways you dislike (or by leaders you distrust), because you’ve let it become institutionalized.

When you take away liberty or give power to the state for any reason – because someone said something you dislike, because someone used guns irresponsibly, because some people drink too much or smoke too much or eat too many doughnuts, because there are bad people in the world and the system is preventing us from keeping our children safe from them – you are not simply giving up that liberty once; you are not giving power to the state for only the uses you have in mind. Power is like a bottomless box of matches, and those you have given it to can light as many fires as they want.

My friend and I discussed this policy over lunch the other day, and how it was a vast expansion of executive power. In less than twenty minutes we worked out a system of checks and balances among the three branches of government that would preserve the purpose of this doctrine while providing some modicum of oversight. After we congratulated ourselves for our brilliance, I pointed out to him that neither this nor anything like it would ever happen. When he asked me why, I posed the age old question, “Cui bono?” (“To whose benefit?”) It’s a familiar question among lawyers, and politics is full of them. Neither side really wants to reign in this sort of power, because they want their guy to have access to it; or, to go back to Mr. Greenwald, “To endorse a power in the hands of a leader you like is, necessarily, to endorse the power in the hands of a leader you dislike.” This is the weakness inherent in the State.

Conversely, to endorse a liberty in the hands of a person you like is, necessarily, to endorse that same liberty in the hands of a person you dislike. We are forever caught in this tension; do we entrust power to an elite of those we distrust, or do we entrust the power of freedom, and all the danger that comes with it, to the masses? The truth is that bad people do bad things, and the more freedom they have to move and act the more bad things they can do. But the more we take away their ability to do harm, the more we take away our own ability to do good; and the only way to do either is to give even more ability to do harm to a handful of people who have proven only two things categorically. First, they believe they know better than you what is best for you, at all times and in all situations. Second, the rules can and should be set aside when they become an insurmountable obstacle to the goal at hand, not because the rules don’t matter, but because the goal is more important, because the end always justifies the means, and because there is no law so high that they cannot see above it.


The Social Consequence of Gay Marriage


This post is a long overdue promise to The Frazzled Slacker outlining my views on gay marriage. All opinions are my own. No legal advice is intended or implied. Not taking my advice is a good idea in any case.

So at long last the Supreme Court is addressing the issue of gay marriage. I for one am thrilled, since it’s about time we get some clarity and put this issue to rest once and for all, as we have with other contention issues before.

All joking aside, I do think it’s time the high court stepped in. We have a plurality of answers on this question in different jurisdictions, and it is a matter that has implications both nationally and across state lines, which is a proper role for the Supreme Court. More so, it is a civil rights question, in that the heart of the matter is to what extent the State can and should regulate the institution of marriage.

And that right there is the first point I believe needs to be made in this debate, and one that seems to be lost in much of the heated rhetoric. Before anyone makes demands about what should and should not happen, we need to draw the lines very clearly: this is, and should remain, strictly about the role of the State in the institution of marriage. No person or group’s personal beliefs should impact, or be impacted by, these cases. If a particular religious organization wants to refuse to marry a gay couple, they should maintain the right to do so; it is theirs to decide, in the same way they can decide not to marry a straight couple on any grounds (IMNSHO).

With that out of the way, we are led to the question of “what exactly is the role of the State in the institution of marriage?” As I understand it, the State has traditionally had a handful of roles, and in recent history (the last hundred years or so) has taken on a few additional roles as well. Once we define those roles, it should be relatively easy to tease out the question as to whether or not (a) homosexuals share those rights with heterosexuals, (b) whether heterosexuals would suffer any significant harm in sharing those rights with homosexuals, and (c) whether society writ large would suffer any harm from allowing homosexuals to exercise those rights.

The traditional roles, as I understand them, are to encourage child rearing, social stability, and guide the process of inheritance. End of line. The additional roles that the government has taken on have been to grant certain rights such as tax benefits, Social Security benefits, and various and sundry other spousal benefits such as visitation rights, next of kin in medical matters, etc. to married couples.

To the first question: do homosexuals even have these rights? According to the state of Kansas, a lesbian can be a single parent, so by logical extension, a homosexual can have parental rights. While Kansas has in this case proven they prefer not to encourage child rearing, one would think it would be desirable to support couples that prefer to rear children together rather than attempt to sue someone in an iffy court case, and that’s of course assuming there was no proper waiver and doctor present to even allow a lawsuit to move forward.

As for social stability, setting aside the obvious counter-argument that rhymes with “fifty percent bivorce rate” there is the simpler counter-argument: given a choice between encouraging couples to be monogamous and stay together rather than NOT encouraging them to do so, when your purported goal is a more stable society, why wouldn’t you?

Finally, the question of inheritance is, again, simple on the face of it. Any individual has the right to assign their estate as they see fit in a will; simply assuming that next of kin would be the logical beneficiaries in the absence of such is a grace and mercy to a bereaved family, as well as relieving an overburdened court system. Insisting that one segment of the population does not have that right and must go through an onerous process by virtue of who they love is demeaning and unbefitting of a civilized society.

Most spousal benefits are in the same category as inheritance; they can, with time, money and effort be resolved through other legal means (power of attorney, etc.). It is simply demeaning to insist that one segment of the population is required to climb an extra hurdle because they have a consensual relationship between two adults that others do not approve of (c.f. miscegenation). The only exceptions are such things as Social Security and tax benefits, so I shall address them as such: are homosexuals exempt from paying Social Security and other taxes in ways I am not aware of, or do they receive other special benefits to compensate them for their inability to access these benefits?

Moving on to the question of whether heterosexuals would be significantly harmed by sharing these rights with heterosexuals. That’s a bit of a tricky one, because there are two important words there: significant and harm. Would I be “harmed” if someone else were paying lower taxes? Arguably, yes. Would it be significant? If they did so in large enough numbers, maybe. Does that mean I should be able to deny them their rights? I do not see how. True harm is if I were to lose something I were otherwise entitled to, and I am not entitled to having first claim on someone else’s life, their labor, or their choices, so long as those choices do not interfere directly with my ability to make choices. And seriously, I don’t see how homosexuals choosing to marry impacts any heterosexual’s choices, unless they have secrets they aren’t sharing (in which case the statement is still valid).

Would society suffer any significant harm in allowing homosexuals to exercise their rights? Again, it depends on how you define society and how you define harm. Considering the potential good outlined above, and the societal purposes that marriage serves in the first place, I see no evidence that expanding the civil tradition of marriage could bring. There will be those who will not be able to accept this gracefully, and they may even commit violent acts in response. This would not be a direct result of allowing homosexuals to exercise their rights; this would be a result of people who are unable to accept change attempting to use violence and fear to coerce others when all else fails. There is a word for that: terrorism. It should be dealt with as such.

In the final analysis, there is no good reason to continue to deny a significant portion of our population the same rights that the majority have enjoyed for so long. The Supreme Court should step in and, as it has a few times in its long history, strike down the laws of oppression and let liberty carry the day.


The Fiscal Fix


Once again, a brief interlude from My Not So Humble Wife.

After weeks of foreboding speculation about the impending fiscal cliff, the New Year came and went with no evidence of the sky actually falling. This might be due to the fact that our decisive and ever diligent Congress and Senate solved the fiscal crisis on New Year’s Eve by kicking the deadline out until March. A brilliant piece of legislative procrastination.

Now we’re in for more endless argument over what combination of  1) spending cuts and 2) tax increases should be enacted to reduce our roughly $16 trillion federal deficit. But there is a third option that I’ve never heard mentioned. Do you know how the government handles budgets? If not, this will astound you.

Throughout all government agencies, the military, and governmental run programs each department is generally given an annual budget amount to play with for the year. Here’s the problem: at the end of the year if the department didn’t spend all their money, they won’t be able to get a budget increase in the next fiscal year.

Let me say that again,  if they don’t spend all the money they asked for last year they won’t get more money in their budget for the next year.

This means there is no incentive whatsoever for any government funded agency to save money. In fact, starting around October, government agencies that have a budget surplus rush out to ditch any remaining cash. Under our current budgeting system, they pretty much have to or they risk being underfunded in the next fiscal year.  Excess spending of this nature may be relatively small potatoes for any one agency or department but all together it’s a significant amount.

What to Do With Extra Budget Money at the End of the Fiscal Year?

Deficit spending

Photo Credit: USBacklash.org at http://usbacklash.org

I’ll admit with no hesitation that I’m not an expert on finance or government spending. However, I think that a different budget process that incentivized saving over spending might reasonably be developed. One idea would be to place more emphasis on accurate estimations. Suppose there are two possible budget proposal review processes, one for those groups whose spent close to what they were budgeted for the prior year and one for those groups whose budget wasn’t accurate for actual spending.

For example, the newly proposed budget for groups whose spending was within say, 5%  of their budget from the prior year could be on a fast-tracked approval process. Those groups whose spending differed (either over or under) by more than 5% would face a review that required additional justification. To avoid having departments just spend money until they were within the 5% range, you could allow money to be designated as savings without any penalty and which would then just be applied to the next year’s budget. This would provide incentive for departments not to overspend and would remove the current undesirable incentive of spending additional funds wastefully.

This one example could make the difference between funding or not funding a critical program and there are probably other systemic issues that could be addressed as well. So I hope that as we continue to debate how to balance the national checkbook we look for savings within the systems as well as at cut and tax remedies.


I Will Choose a Path That’s Clear


Recently on Facebook I’ve been having a spirited (but civil!) debate with a friend of mine regarding gun control. Unsurprisingly at some point relatively early in the discussion my argument incorporated the issue of defense against tyranny, which is an argument that I stand by. He actually pivoted from there to a surprisingly apt and unusual comparison, one that I have not before seen, invoking the specter of 1984 before I could, but then he made the point that “Brave New World illustrates that humanity can be lulled into submission into serving the interest of a minority by luxuries and promoting self interest.”

It was a different tack, and one that at least took our discussion in a new direction, but it also got me thinking. One of my great loves is dystopian literature (although the sub-genre of cyberpunk is my favorite), and obviously I have given more than a little thought about what shape society takes both now and as we move into the future. So as we continue forward, which is the move likely totalitarian prospect: the iron hand or the velvet glove?

Historically I would say it’s both. Consider one of the most successful (if you can use the word without being offensive) totalitarian regimes in history, the Nazi regime. By combining a rule based on fear and oppression with strong economic growth that gave the “approved” majority of the populace not only the necessities they had been denied but the luxuries they craved, the Nazis turned Germany from a failed state into a powerhouse virtually overnight. I’d have to do a lot more research than I’m ready to right now to call this a thesis, but it does provide some (disturbing) food for thought, if anyone has a strong enough stomach for it.

The iron hand is easy to fear, and just as easy to dismiss. We always assume we’ll see it coming; after all, why would we allow someone or some government to drag people out of their homes in the middle of the night, lock them up for no reason, torture them, or execute them without good reason? We’re good people, we live in a good society, we’re better than that. But then, all it takes is one bad day; one evil act. Then the world changes.

On the other hand, the velvet glove seems far more likely. Stories of people giving in to addiction, vice, and other temptations are as old as… well, stories, and the idea of the guy who controls your hunger controlling you has a great deal of appeal. But consider the recent Occupy movement. Here is a case of rebellion against a system that tried to control the populace by controlling luxury, Big Business in cahoots with Big Government (and the system fought back). Keep in mind plenty of Occupy supporters were not the homeless, the starving, or folks who struggled their whole lives to make it day to day; they were college graduates, middle class and above, theoretically bought and paid for.

So what do they both have in common, and how is it that tyranny in any form finally does manage to take hold? If the neither the iron hand nor the velvet glove is sufficient unto itself, how do they succeed together? Is it simply that “one hand giveth, the other hand taketh away” is enough to confuse people? I wonder. Perhaps it’s more complex, or perhaps it is simpler than that.

According to the Declaration of Independence, “Governments are instituted among Men, deriving their just powers from the consent of the governed”. It’s an interesting philosophy, but what if it goes further than that? Can it be posited that nobody can truly be governed without their consent? After all, you can put a gun to my head but that won’t make my body move; you will simply be putting me under duress. If it is sufficient duress, I will take action, but it is still my action, not yours. Your action was coercing me in the fist place. Coerce enough people and you have a tyrannical government, but it is by the consent of the governed, even if that consent is given under duress.

Viewed in that way, we are always standing between Scylla and Charybdis, between totalitarian oppression and totalitarian luxury. The only thing that prevents it is our exercise of free will, a refusal to allow ourselves to be ruled by others. So long as we view certain things as right and others as wrong, and we hold to those principles in the face of opposition (even unto death), we can and will stand against tyranny. That is the cost of freedom. The cost of society, of civilization, is learning to live with each other, to find the reasonable compromises between my ideals and principles and yours, such that we can live together without my bowing to your tyranny or you bowing to mine.

As soon as I get that one figured out, I’ll let you know.