January 2012

Rose Friedman died today at age 98 after a life well lived. Sincerest condolences to her family and friends from all of us at CEI.

The body of work that Milton and Rose Friedman put together over many years was one of the most influential of the 20th century. It continues to resonate in the 21st. From technical works like A Monetary History of the United States to popular works like the Free to Choose book and television series, the Friedmans made valuable contributions to economics, politics, philosophy, and, most importantly, human freedom.

Milton got most of the credit, and the Nobel prize. But even works without Rose’s name next to Milton’s on the cover bear her stamp. They were a team.

I had the opportunity to meet Mrs. Friedman and her husband when I was about 22. I was reading Capitalism and Freedom at the time. Both were kind enough to sign it. The gesture was almost meaningless to them — just a few scribbles on the title page — but not to me. Both of the Friedmans were kind, gracious, and took seriously what an unaccomplished nobody like me had to say, even though they certainly didn’t have to.

The sincere interest the Friedmans took in young people has assured that their ideas will not be forgotten by the next generation. The world could use more people like Rose Friedman. Especially now that the original is lost to us.

I am deeply saddened at the news today of the death of Bob Novak. Like so many others, I held him in high regard as a principled and first-rate journalist. I am also honored to have called him a good friend and a great ally.

His honesty and devotion to investigative journalism did much to bring balance to the increasingly ideological world of journalism. Though he was unabashedly conservative, his reporting was more than the offering of opinion. He paid attention to the interplay between policy and politics, reporting on how mandates handed down from Washington impacted the rest of America. To name but one example, he was one of the first political columnists to report on how the 2002 Sarbanes-Oxley financial accounting law had a direct and negative impact on American economic growth and competitiveness.

Yet, for all his tenacious and dogged style, Novak was also possessed of a wit and humor that softened his basic Calvinist view of mankind. Sadly, the political world will see far less light now that the “Prince of Darkness” has passed.

Constitutional law professor Rob Natelson argues that Obama’s health-care plan is unconstitutional in four different ways. The U.S. Commission on Civil Rights says that the racial preferences and quotas contained in ObamaCare are likely unconstitutional.

Professor Natelson says that ObamaCare is unconstitutional because:

“1. It is not based on any enumerated power of Congress, not even on a very expansive reading of the power to regulate interstate commerce.

2. It relies on Excessive Delegation of the type held unconstitutional in Schechter Poultry.

3. It violates Substantive Due Process, and interferes with doctor-patient medical decisions to a vastly greater extent than did the laws declared unconstitutional in Roe v. Wade.

4. It violates the Tenth Amendment by commandeering state governments.”

(However, commenters in response to Professor Natel’s post argue that by the time any challenge to ObamaCare reaches the Supreme Court, Obama will have packed the court with liberal justices who are unsympathetic to such arguments).

The U.S. Commission on Civil Rights has criticized the racial preferences in the health-care bill backed by Obama, saying that they are likely unconstitutional under the Supreme Court’s Adarand decision, which subjected race-based affirmative action to “strict scrutiny” and barred federal racial preferences absent evidence that they are needed to remedy intentional past discrimination by the government. (In cases like Rothe Development Corp. v. Department of Defense and the Western States Paving case, the courts have sometimes struck down federal affirmative-action plans sponsored by liberal lawmakers, citing the Supreme Court’s Adarand decision. ObamaCare goes even further in mandating the use of race than past affirmative action plans.)

Fact checkers say Obama is lying about health care. ObamaCare will cost far more than its predicted trillion-dollar price tag.

One of Obama’s own advisers says the Obama Administration’s health-care plan will harm people with insurance while raising their taxes. Obamacare will take away 5 important freedoms, notes a CNN commentary. It will also destroy many affordable health-care plans while breaking Obama’s campaign promises.

Robert Novak was a fine man and a great reporter. I feel lucky and honored to have known him. He was persistent, tireless, and incredibly industrious. His tens of thousands of columns were based on a deep understanding of how Washington works and the amazing number of contacts he developed throughout the political establishment. Bob was a staunch conservative, but his investigative reporting was of great value to a much wider audience. He dug up countless important stories and shed light on obscure corners of major issues that no one else was paying attention to. I have missed his columns since the day he had to retire suddenly. And now I’ll miss him.

We have recently learned about the passing of esteemed columnist Robert Novak.  Kenneth Tomlinson has a column paying tribute to Novak today at Human Events online that may sum up how many feel about him.

Throughout my life, I followed Bob Novak journalism like I followed the careers of my favorite sports figures. Later, as editor-in-chief of Reader’s Digest, I would become one of Novak’s nominal bosses, though the fact was that every time I worked with him or was associated with him in any way, it was I who felt privileged. Few journalists have ever affected this country like Bob Novak.

Tim Carney, a former CEI Warren Brookes Journalism Fellow and former Novak reporter, also has a column about Novak today Human Events.  He had  this to say about his former boss:

For many of us, though, Novak’s resistance to the calls for conformity, his constant openness to new ideas and facts, and his willingness to change his mind set a crucial example.

Novak was a friend to CEI’s founder and president Fred Smith, a mentor to a few of CEI’s current and former employees and allies, as well as a journalist well-respected by both sides of the political divide.  Condolences go out to his family.  He will be missed.

Tawnya Benner, 38, would like to drive a truck for a living. She’s qualified to do it, holding a commercial class driver’s license from her home state of Pennsylvania. Unfortunately, she has diabetes, so it’s illegal. There is a federal “prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce.”

Tawnya is one of 24 people applying for an exemption from the federal ban. Let us wish them all the best of luck as they petition the government for the right to earn a living.

CEI Weekly is a compilation of articles and blog posts from CEI’s fellows and associates sent out via e-mail every Friday. Also included in the Weekly newsletter is a brief description of CEI’s weekly podcast and a feature on a major CEI breakthrough made during the week. To sign up for CEI Weekly, go to http://cei.org/newsletters.

CEI Weekly
August 14, 2009

This week John Berlau, Director of the Center for Investors and Entrepreneurs, discusses GM and Fritz Henderson’s recent press conference on the future of GM.

>>Shaping the Debate
Global Warming Policies are the Real National Security Threat
Iain Murray Op-Ed in the National Review
Health Bill Could Allow Government Access to Personal Financial Records
Wayne Crews Quoted in the Washington Examiner
Trustbusters Should Call Off Fishing Expedition in Microsoft-Yahoo Deal
Ryan Radia and Jonathan Hillel Op-ed in the Seattle Times
What Caused the Chino Riot
Eli Lehrer Op-ed in the National Review
Insurance Against Terrorism
Eli Lehrer Op-ed in the Weekly Standard
Political Climate for Energy Policy Cools
Myron Ebell Quoted in the Las Vegas Review Journal
Obama Science Czar Considered Forced Abortions
William Yeatman Quoted in Foxnews.com

>>Best of the Blogs
Fact Checkers: Obama is Lying About Health Care
by Hans Bader
USA Today caught Obama telling three fibs about health care, such as falsely claiming that “under the reform we’re proposing, if you like your doctor, you can keep your doctor. If you like your health care plan, you can keep your health care plan.”
NCAA V. Delaware Sports Gambling
by Michelle Minton
Over the past few months the NCAA, along with the four major pro-sports leagues, has been a vocal opponent of Delaware’s attempts to legalize per-game sports gambling in the State. They were among the group of sports leagues that petitioned a federal judge to issue an injunction to stop the state. Like the pro-sports leagues, the NCAA believes that allowing gambling in the state will damage the reputation of college athletics and increase the temptation for players to cheat.
UBS-IRS deal — U.S. Constitutional liberties, privacy rights at risk after Obama bullies the Swiss
by John Berlau
Lawyers for the U.S. government and the Swiss bank UBS AG have announced that they have reached a deal on releasing to the US the names of UBS account holders.. . As Fred Smith and I had explained in a Washington Times op-ed, after UBS, with the Swiss government’s full cooperation, turned over the names of 250 customers suspected of violating U.S. tax laws, the U.S. government turned around and asked for a whopping 52,000 names.
Neutering the Net
by Jack O’ Connor
The net neutrality movement is an unfortunate departure from the “keep your hands off my Internet” attitude long held by many on the Web. Advocates of neutrality legislation are asking Congress to write into law what they see as an Internet that treats everyone equally. They are concerned that new technologies and business models might give big players an advantage over the little guy, or worse, that ISPs might use their market power to force a crippled Internet on their customers. Both fears rest on significant misconceptions.

>>Liberty Week podcast
Episode 55: The Health Care Mob is Coming
Your host Richard Morrison welcomes back returning guest co-host Jeremy Lott and distinguished special guest David Mark of the Politico for Episode 55 of the LibertyWeek podcast. We start with reports of unrest over health care in the provinces, the U.S. Postal Service’s death spiral and the globe trotting ways of members of Congress. We continue with some sadly familiar antitrust murmurs regarding Apple and Google, a classic union corruption scandal out of New York City and some inspiring and heroic Paralympic News.

>>Support CEI
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To sign up for CEI Weekly, go to http://cei.org/newsletters.

Charles Huang

Web and Media Associate

Competitive Enterprise Institute

chuang@cei.org

http://www.cei.org

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202-331-1010

Host Richard Morrison welcomes returning guest co-host Jeremy Lott and new co-host Kevin Hilferty for Episode 56 of the LibertyWeek podcast. We start with the White House compromising on healthcare, the unintended consequences of the Credit Cardholders Bill of Rights and a Pirate (party) invasion of Britain. We continue with a scandalous blast from the past on the New York City waterfront, an appreciation of the life of Les Paul from Ivan Osorio and some fender-bending Olympic News.

Waste: Uncovering the Global Food Scandal, a new book by British author Tristram Stuart, will soon be hitting shelves in the UK and the US. It’s is a detailed indictment of the massive amount of edible food that industrialized countries throw away, both in the factory and at home. “In America, around 50 per cent of all food is wasted,” the Telegraph summarizes, “while over here [in the UK], we dump 20 million tons of food every year. Put all this together and—to make a wearisomely predictable but inescapable point—you could easily feed the world’s hungry several times over.”

The Movement Behind the Man

Both the book and its author have close ties to a new kind of conservationism, colloquially known as “freeganism.” Members of the movement cut down on waste—and make a point at the same time—by living partially or entirely off of food they find in other people’s trash. Lars Eighner described the practice in his famous essay “On Dumpster Diving,” and freegans like Stuart have turned that efficiency into advocacy. The Guardian described their message: “If we waste less food, we’ll need less land to grow it on, and hence will cut down fewer trees; we’ll use less water to irrigate that land and less carbon to transport and process the food it produces.”

dumpsterdiving

One man's trash is another man's lunch.

That message is catching on. A Welsh millionaire and professional sculptor has taken up the freegan lifestyle, inspired by his experiences with discarded electronics in Japan. A new website, freegan.info, notifies the community about big scavenging opportunities like college move-outs.

The relentless drive for efficiency has motivated some excellent innovations. Stuart himself claims to make cottage cheese from leftover custard donuts. Food banks have expanded, particularly in the US, to help grocery stores donate their unsold extras to the homeless. At the same time, Stuart leaves some questions unanswered. Waste criticizes stores and factories for overstocking their products, but as the Financial Times points out, overstocking can make good economic sense. How can what looks like a complete waste of private property be the daily routine of a profitable, competitive industry?

Questions like that aren’t particularly important to culture and lifestyle, and they’ve rightly taken a back seat to more pressing issues, like how to make cottage cheese. Inevitably, though, freeganism and other conservation movements are growing out of private life and into public policy. In the halls of government, those nagging questions of efficiency are critically important, and the economic underpinnings of this cultural movement will demand some scrutiny.

As it turns out, Stuart makes a common but crucial mistake. He ignores the invisible. With all the focus on obvious waste—dumpsters, landfills, and so on—it’s easy to forget that our most precious resource is something we never find in those places. And no, I’m not talking about air.

The Question Restated

nails

Paying less for a better product.

When we recall the industrial successes that have shaped modern life, we usually think of new inventions—plastics, automobiles, and so on. The greatest victories of industry, however, came not from new products but from making old products cheaper. Most of what we consume today—food, clothes, housing, refrigeration, steel, light, and so on—has been available for centuries. Our products are usually nicer, but the biggest difference is the price.

It’s not immediately obvious why our goods should be so cheap. After all, the nails I buy in a hardware store are made with machines vastly more expensive than the forges and hammers blacksmiths once used. They’re also shipped farther, and their quality is more consistent. By all rights they should cost more than they used to, but instead they cost orders of magnitude less. Why?

In Nature, Much Goes To Waste

Although a wire nail requires more machinery, electricity, and gasoline than the cut nails and hand-made nails that came before it, it demands much less of one crucial ingredient: human effort.

The most important resource in the world is us. Our labor and our time. Our blood, sweat, and tears. Things that still take a lot of human effort to make are expensive. Nearly everything else is cheap, because we’ve figured out how to get it without working so hard.

gdp

What capitalism has done for you lately.

If we look at the history of America’s GDP per capita, a rough estimate of how much stuff the average American made each year, we can see that process in motion. The typical worker in 1790 had a harder job with longer hours, yet he produced forty times less than he would today. Forty times less. Compared to the modern workforce, early American workers wasted more than 98% of their time and energy.

As human effort has become more productive, it has also become more expensive. Many early conservation practices—using the entire buffalo, so to speak—no longer make sense now that the proverbial buffalo is cheap and the labor to process it is expensive. This is what Tristram Stuart is missing when he criticizes our overstocked grocery stores and factories. True, their garbage is red ink on the balance sheet, but getting rid of it requires learning more about what customers will buy and applying that knowledge at every stage of production. That costs precious time and effort, which are too valuable to waste on a problem that overstocking solves so cheaply.

Once again, the answer to our question is Henry Hazlitt’s most important lesson. The challenge of economics is to mind all costs, both the obvious, like a pile of garbage, and the invisible, like an hour misspent.  Human effort is our dearest resource, and we should be happy to spare it even at great material expense. Conservation movements all too often neglect these human costs, and if our governments make the same mistake, we’ll find ourselves a good deal poorer with no idea why.

Obama has nominated David Michaels, an anti-gun activist, to head the federal Occupational Safety and Health Administration (OSHA), a powerful agency that regulates real and perceived hazards in the workplace. This raises the specter of federal bans on the storage or carrying of firearms in or near workplaces (even though some businessmen in high-crime areas possess guns to protect themselves against armed robbers).

Michaels also has links to wealthy breast implant lawyers, who relied on junk science to drive silicone implants from the market, even though they remained available to consumers in most other Western countries because of their lack of major health risks. (The lawsuits over silicone also harmed patients who need life-saving silicone products like silicone shunts that had nothing to do with breast implants or cosmetic procedures, making them scarcer, less available, and more expensive).

Michaels wants to reverse the Supreme Court’s Daubert decision limiting the use of junk science.

If OSHA succeeds in restricting the storage or possession of guns in workplaces, it may take some time to undo even if a less liberal administration comes to power. For example, in March, a judge blocked a Bush Administration change allowing visitors to national parks to carry concealed weapons, claiming that it might have environmental impacts. A judge could rely on similarly conjectural reasoning to block revisions to OSHA regulations needed to repeal an OSHA ban on people storing their guns in the workplace.

Other Obama appointees, like attorney general Eric Holder, are also big supporters of gun control. (Holder has argued that the Second Amendment does not protect any individual right).

Many (but not all) state constitutions protect the right to possess a firearm. But liberal administrations often seek to use federal workplace laws to try to override rights protected by state constitutions or laws. For example, the Clinton Administration argued that a federal law called Title VII overrode California’s broad equal-protection guarantees, which forbade racial quotas and preferences in government contracting, college admissions, and public employment. This “preemption” argument was rejected by a federal appeals court in Coalition for Economic Equity v. Wilson (1997). (Ironically, liberal lawyers often oppose preemption when it expands individual freedom, like federal curbs on baseless state-court lawsuits. The Obama Administration opposes preemption when it would prevent trial lawyers from bringing lawsuits). By the way, discriminatory racial preferences are included in the health-care “reform” bills backed by the Obama Administration, drawing criticism from the U.S. Commission on Civil Rights.