January 2012

Arkansas Lieutenant Governor Bill Halter’s failure to win his state’s Democratic nomination is a crushing defeat for organized labor, which went all-out in supporting Halter in order to punish incumbent Democratic Senator Blanche Lincoln for her failure to support the unions’ top legislative priority, the so-called Employee Free Choice Act, which was unpopular in her fairly conservative state.

Big Labor did get something out of this, in that it gave Lincoln enough of a scare to make other Democrats think twice before crossing the unions, but her having won shows Democrats that placing their constituents’ priorities over those of their party’s most powerful interest group can be a winning strategy. This is to the good, as politicians of both major parties, especially at the state level, now need to confront some powerful public sector unions — which now represent the majority of all unionized workers — to bring government budgets under control. And across the nation, more and more citizens seem to support imposing such fiscal discipline.

A political tide that has helped fuel the growth of government finally seems to be turning in favor of taxpayers. With the nation’s unemployment rate still hovering at just below 10 percent, the public is turning its anger on a protected class of workers who have largely escaped the economic uncertainty, at everybody else’s expense: government employees.

State and local politicians are listening, and some are proposing reforms to curb extremely generous public employee compensation packages that are beyond anything available in the private sector. In short, they are trying to deal with the mess left behind by their predecessors. During the 1990s boom years, many state and local governments, buoyed by increased revenues, spent those new tax dollars as soon as they came in, without much forethought of possible future downturns.

Even worse, a lot of the benefits came in the form of pensions. While the possibility of taxpayer backlash may have put some sort of check on how much union-supported politicians can pay their union supporters in the present, it provided little incentive for such caution into the future. When the bill for those pensions would come due, the politicians who approved those benefits would be out of office, and figuring out how to pay for those benefits would be somebody else’s problem.

Such reckless spending made today’s state and local government budget crises inevitable in an economic downturn. Now that a downturn has come to pass,  many state and local policy makers have no choice but to try to get their states and municipalities off the road to financial catastrophe. That’s commendable, however belated, and it will be difficult. Yet the time to act is now. The consequences of doing nothing are now apparent, which underscores the urgency of the situation.

And it is fitting that both Republicans and Democrats are coming around to addressing it — because they both helped create it. As Politico reporters Maggie Haberman and Ben Smith note, “local Republicans from coast to coast have often accepted the support of unions and defended their perks.” However, “That day appears to be over, at least for now.”

State and local politicians who want to establish themselves as fiscally responsible stewards of their constituents’ tax dollars now need to show results. There are already some encouraging signs. Recently, the California State Senate approved a bill to address the problems known as double dipping and pension spiking, and the Illinois General Assembly approved a bill to address double dipping and cap pension benefits. Double dipping is the phenomenon whereby a government employee “retires” from one job and then takes on a different government job, while collecting the pension from the first job. Pension spiking occurs when a government employee who is about to retire boosts his income during his last year of employment — either by putting in a huge amount of overtime or temporarily taking a higher paying job — thus freezing that final year’s income into pension benefit amounts that are based on an employee’s final year salary.

That’s a good start, but much more needs to be done.

As a final note on Halter, this video, in which he refuses to answer a question on card check, is worth remembering.

For more on public sector unions, see here and here.

Richard Morrison and Marc Scribner welcome Chris Horner, Sam Kazman, and Ryan Radia to Episode 96 of the LibertyWeek podcast. We cover Chicago’s dishonorable gun restrictions, a special interview with bestselling author Christopher C. Horner, civil disobedience on National Donut Day, a shout out to CEI’s annual dinner gala and the FTC’s proposed “Drudge Report Tax”.

Sometimes, the fastest, most effective way to explain economics is to tell a story. One of the best-done examples is in Steven Landsburg’s book The Armchair Economist, where he tells David Friedman’s “Iowa Car Crop” story to get readers to think about trade (see pp. 197-99).

[T]here are two technologies for producing automobiles in America. One is to manufacture them in Detroit, and the other is to grow them in Iowa.

Okay… how does that work?

First you plant seeds, which are the raw material from which automobiles are constructed. You wait a few months until wheat appears. Then you harvest the wheat, load it onto ships, and sail the ships eastward into the Pacific Ocean. After a few months, the ships reappear with Toyotas on them.

Sounds almost magical. But it happens millions of times every day. The lesson is that trade is about specialization. A farmer doesn’t know how to build a car. But he can still have one by sticking to his specialty–growing wheat. He can trade his surplus to other people who do nothing but specialize in building cars.

This cuts both ways. Most factory workers don’t know a thing about farming. But by concentrating on building cars, they eat far better than if they grew their own wheat. The nature of trade is that everyone wins when they specialize. The only limit on specialization is the size of the market.

Restrictions on trade–tariffs, quotas, antidumping duties–shrink that market. And by shrinking the market, they limit specialization, which is the source of all prosperity. It’s good to grow cars in Iowa.

The lesson doesn’t apply to just wheat and cars. It applies to everything. Tom Palmer from the Atlas Economic Research Foundation makes that clear as day in this excellent video. If you want to learn the meaning of free trade in under three minutes, this is as good as it gets.

On Thursday (June 10, 2010), the Senate will vote on Alaska Sen. Lisa Murkowski’s resolution of disapproval (S.J.Res.26) to overturn the U.S. Environmental Protection Agency’s finding that greenhouse gas emissions endanger public health and welfare.  

The endangerment finding is both trigger and precedent for sweeping policy changes Congress never approved.

Tomorrow, I will speak in support of S.J.Res.26 at an 11:00 a.m. Capitol Hill press conference hosted by Americans for Prosperity. My prepared statement follows.

Prepared Statement of Marlo Lewis

Sen. Murkowski’s resolution of disapproval would stop EPA from ‘enacting’ controversial global warming policies through the regulatory back door.

The endangerment finding is a classic case of bureaucratic self dealing. EPA has positioned itself to determine the stringency of fuel economy standards, set climate policy for the nation, and even amend provisions of the Clean Air act – powers Congress never delegated to the agency.

Worse, America could end up with a pile of greenhouse gas regulations more costly than any climate bill or treaty the Senate has declined to pass or ratify, yet without the people’s representatives ever voting on it.

The Murkowski resolution puts a simple question before the Senate: Who shall make climate policy — lawmakers who must answer to the people at the ballot box or politically unaccountable bureaucrats, trial lawyers, and activist judges appointed for life?

Because the endangerment finding dramatically expands EPA’s power, the agency fiercely opposes S.J.Res.26, depicting it as an attack on science.

That is nonsense. Although a strong case can be made that the endangerment finding is scientifically flawed, the Murkowski resolution neither takes nor implies a position on climate science.

The resolution would overturn the “legal force and effect” of the endangerment finding, not its reasoning or conclusions. It is a referendum not on climate science but on who should make climate policy.

Climate policy is too important to be made by non-elected bureaucrats. That ought to be a proposition on which all Senators can agree.

The importance of Thursday’s vote is difficult to exaggerate. Nothing less than the integrity of our constitutional system of separated powers and democratic accountability hangs in the balance.

People across the world “are being battered by surging food prices that are dragging more people into poverty, fueling political tensions and forcing some to give up eating meat, fruit and even tomatoes,” reports the Associated Press. High food prices are partly the result of “demand for crops to use in biofuels” like ethanol, which the government subsidizes.

Food prices will rise even further if the global warming legislation backed by President Obama passes, since it expands ethanol subsidies that reward big corporations for turning food into fuel. Ethanol subsidies damage the environment by wiping out forests, polluting water supplies, and eroding the soil. By converting food into fuel, they cause famines and food riots in the world’s poorest countries.  That fuels Islamic extremism in Afghanistan and the Middle East.

President Obama, the biggest recipient of campaign cash from BP, is using BP’s oil spill to push for a global warming bill that is chock full of corporate welfare and environment-destroying ethanol subsidies. The bill was crafted by lobbyists for big companies like BP: “For years, BP has lobbied for climate change legislation, until recently running around with the U.S. Climate Action Partnership.” BP has a much worse safety and environmental record than most oil companies, which drill safely and avoid oil spills.

Democratic strategist James Carville, who was raised in Louisiana, called Obama’s handling of the BP oil spill “lackadaisical” and “unbelievable” in its “stupidity.”

Until recently, the Obama administration ignored the pleas of Louisiana’s governor to allow Louisiana to build barrier islands to contain the damage from the oil spill, citing bureaucratic procedures. Yet the Obama administration granted BP a waiver from environmental regulations in April 2009. ABC News reports that the “top recipient of BP-related donations during the 2008 cycle was President Barack Obama himself, who collected $71,000.”

The global warming legislation backed by President Obama would drive jobs overseas, since it would impose a costly cap-and-trade carbon rationing scheme on American industry, while leaving foreign plants operated by multinational corporations unregulated. Companies with plants overseas are lobbying for the global warming legislation, which would give them an advantage over American competitors. The legislation Obama backs may perversely increase pollution by driving industry overseas to places with fewer environmental regulations.

Talk about chutzpah.  President Obama, the biggest recipient of campaign cash from BP, is using BP’s oil spill to push for a global warming bill that is chock full of corporate welfare and environment-destroying ethanol subsidies.  And the bill is one crafted by lobbyists for big companies like BP: “For years, BP has lobbied for climate change legislation, until recently running around with the U.S. Climate Action Partnership.”

The Obama Administration has done little about the oil spill, even though “BP’s oil gusher is in federal waters, on seabed leased from the federal government,” giving the government the moral responsibility to do something to stop the spill.  Instead, it is adding insult to injury for suffering Gulf Coast residents by imposing a ban on oil drilling that will wipe out at least 20,000 jobs in the Gulf, and perhaps more, according to Louisiana’s governor.

The ban doesn’t apply just to BP, a company with an unusually bad safety record which has been described as a “serial environmental criminal.”  Instead, it applies to the oil industry generally, including the vast majority of oil companies that make safety a priority in drilling (and whose oil wells did not spill even during hurricanes).

Democratic strategist James Carville, who was raised in Louisiana, called Obama’s handling of the oil spill “lackadaisical“ and “unbelievable“ in its “stupidity.”

Until recently, the Obama administration ignored the pleas of Louisiana’s governor to allow Louisiana to build barrier islands to contain the damage from the oil spill, citing bureaucratic procedures.  Yet the Obama administration granted BP a waiver from environmental regulations in April 2009. ABC News reports that the “top recipient of BP-related donations during the 2008 cycle was President Barack Obama himself, who collected $71,000.”

The global warming legislation backed by President Obama would also drive jobs overseas, since it would impose a costly cap-and-trade carbon rationing scheme on American industry, while leaving foreign plants operated by multinational corporations unregulated.  Companies with plants overseas are lobbying for the global-warming legislation, which would give them an advantage over American competitors.  The legislation Obama backs may perversely increase pollution by driving industry overseas to places with fewer environmental regulations.

The following is part of a conversation I had with a journalist friend (who shall remain unnamed) on the future of the journalism industry, and the idea of government saving the news, a hot-button topic at this years’ Personal Democracy Forum in New York City. Check out CEI’s own @RichardMorrison and Cato’s @Chris_Moody on Twitter right now for live coverage of that event.

This was my response to my friend’s claim that corporate-funded journalism is just as dangerous as government-funded news:

Well yes, corporate ownership of newspapers does mean that newspapers aren’t as independent as they could (and sometimes should) be. But the same argument applies to government funding. The point is that no matter who is putting up the money (private corporations or the government), the danger is always there that journalists won’t be as hard on the people that pay their bills. But they can be honest about revealing their funding, their bias, and the process of newsmaking, and then let the public decide whether to believe them.

However, I think government funding journalism is more dangerous than big corporations funding it for two main reasons:

  1. By definition, government is a monopoly on the legitimate use of force. If a journalist prints something a big corporation funding their operation didn’t want them printing, the corporation can fire the journalist or remove their funding. If a journalist prints something a government funding their operation didn’t want them printing, the government has the power to lock them up and throw away the key, or worse. Because government can exercise force to do things that corporations can’t (start wars, print money, regulate businesses, lock people up, tax citizens, etc.), government should be kept on a shorter leash by journalists that aren’t paid by the government.
  2. Scope. A corporation has a much more limited set of resources than the government. GE and Comcast might own a stake in NBC right now, and even if that did influence NBC’s coverage of GE and Comcast-related stories, GE and Comcast don’t own, say, CNN or ABC or FOX or the Huffington Post. The other news outlets can cover stories that might hurt one subsidiaries’ funding. But government is big enough to cash in (at tremendous taxpayer expense, mind you) and bail out ALL the news outlets if it wanted to. In fact, bailing out all the news outlets would only be fair, because otherwise the government would be accused of picking winners and skewing public perception. But then there would be no journalism independent from that which gets paid for by Uncle Sam…except maybe for blogs, because you know that bloggers and new media startups won’t see a dime of any bailout money.

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
June 4, 2010

>>Deregulation Can Curb Terrorism
Tired of the long lines and excessive bureaucracy that characterize modern air travel? So are we. In a new American Spectator article, CEI Vice President Iain Murray identifies three reforms to the Transportation Security Administration that would reduce waiting lines, trim agency waste, and improve security. Until Congress scraps the TSA and restores the private sector’s proper role in providing competitive and effective transportation security, the TSA should allow airports to opt-out of federal security screening and adopt a sensible risk model that would reduce costs while improving safety.
Read Murray’s essay here.


>>CEI Studios Release
[Video] The Nanny Zone: Episode 1


>>Shaping the Debate
Senate Considers Union Pension Bailout
Vincent Vernuccio
cited in CNSNews.com

Virginia Attorney General Demands Scientist’s E-Mails
Chris Horner on NPR

Is GM’s First Profit in Three Years for Real?
Iain Murray cited in MSN Money

Rescuing the Pension Plans: Just Don’t Call It a ‘Bailout’
CEI cited in SeekingAlpha.com

‘Merchants of Doubt’ Delves Into Contrarian Scientists
CEI cited in the USA Today


>>Best of the Blogs
Obama Administration Pushes More Bailouts at Taxpayer Expense; America to Bail Out Corrupt Union Pension Funds
by Hans Bader

Internet Gambling Regs in Effect…Now
by Michelle Minton

New York Winemakers Forced to Market Out-of-State
by Angela Logomasini


>>LibertyWeek Podcast
Episode 95: Tea Party in a China Shop
Richard Morrison and Jeremy Lott welcome special guest David Freddoso to episode 95. We take a look at Tea Party politics in the next Congress, climate secrecy at the University of Virginia, consumers getting SLAPPed in court and the Blago corruption trial proceeding in Chicago


>>Support CEI

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Eliot Spitzer, who was forced out as Governor of New York after paying prostitutes tens of thousands of dollars and then violating federal finance laws in trying to cover it up, is now apparently going to replace respected journalist Campbell Brown in a prime slot on CNN.  Earlier, the leading liberal website Slate hired him as one of its financial commentators.

As attorney general of New York,  Spitzer was an overbearing, hypocritical bully who used the threat of prosecution and lawsuits to force profitable companies to dump their highly-competent CEOs, resulting in declining profits and losses to shareholders at companies like AIG, which the taxpayers later bailed out at a cost of $170 billion.

Spitzer is just the latest liberal crook given a soapbox by the liberal media.  The Washington Post just gave former auto czar Steve Rattner space to boast about the supposed success of the auto bailouts, even as the SEC was moving to ban him from Wall Street for three years because of his unethical conduct.  (Rattner whined about how critics of the bailout like Senator Charles Grassley, who exposed how General Motors was using taxpayer money to make a phony “repayment” of part of what taxpayers gave GM, were “elasticizing the facts,” even though the government’s own inspector general for the TARP bailout program confirmed what Senator Grassley was saying.)

And the Washington Post earlier gave former Fannie Mae head Franklin Raines a soapbox to lecture Fannie Mae’s critics, after he was fined for massive accounting fraud at Fannie Mae, which had to be bailed out by taxpayers shortly afterwards thanks to the risky practices he promoted.

As I noted at the time in a letter to the editor, “Mr. Raines stepped down as Fannie Mae’s CEO after a ‘$6.3 billion accounting scandal’ that rivaled Enron’s; in a settlement with the government, he and other Fannie Mae executives agreed to pay fines and forgo millions in stock, pension and other benefits. . .Yet The Post gave Mr. Raines a soapbox to make the same arguments against reforming Fannie Mae that he and Fannie’s lobbyists have made for years. Mr. Raines, a liberal power broker, derided “ideologues in the Bush administration” who, he said, tried to “undermine” Fannie Mae. Those officials were in truth warning about Fannie Mae’s risky practices.”

The Obama administration earlier lifted a $400 billion limit on bailouts for Fannie Mae and Freddie Mac, two mortgage giants known as the Government-Sponsored Enterprises (GSEs).  “Late last year, the Obama administration pledged to cover unlimited losses through 2012 for Freddie and Fannie,” reports The New York Times.

Fannie and Freddie helped spawn the mortgage crisis by buying up risky mortgages and repackaging them as prime mortgages, thus creating an artificial market for junk. ”From the time Fannie and Freddie began buying risky loans as early as 1993, they routinely misrepresented the mortgages they were acquiring, reporting them as prime when they had characteristics that made them clearly subprime.” They paid their CEOs millions, and engaged in massive accounting fraud–$6.3 billion at Fannie Mae alone–to increase the size of their managers’ bonuses. As Government-Sponsored Enterprises, they were exempt from the capital requirements that apply to private banks, so they did not have enough reserves to cover their losses when their mortgages started defaulting.

The Obama administration refuses to reform these mortgage giants, saying it is “too hard” to do. Earlier, Senate Democrats blocked reform of the mortgage giants in a party-line vote.

(Obama received $125,000 in contributions from these mortgage giants as a Senator, second only to the corrupt Senator Chris Dodd, who is retiring this year due to his financial scandals. Dodd is the chief drafter of the financial “reform” bill.)

At the direction of the Obama administration, Freddie Mac recently ran up more than $30 billion in losses to bail out mortgage borrowers, some of whom have high incomes. Federal regulators sought to make Freddie Mac hide the resulting losses from the SEC and the public.

The federal government has sunk over $50 billion into General Motors itself, $17 billion more into its finance arm GMAC, $15 billion into Chrysler, and spent billions more on the wasteful cash-for-clunkers program and pension bailouts for GM spin-offs.  Even if GM manages to recover, taxpayers will never get most of this money back.   (Taxpayers may get back some of the money sunk directly into GM itself, in an IPO, if all goes according to plan; but the remaining money sunk into related entities, and indirectly used to prop up GM, will never be repaid, even if GM recovers.)

Even if GM recovers, it will not be because of its ability to fairly compete (the Obama administration used the bailout to protect excessive union wages), but rather because of good luck (Toyota’s recent safety issues have driven car-buyers away from it to GM and Ford) and special favors from the government (the Obama administration artificially reduced GM’s costs by ripping off bondholders who had loaned the company money, and dumping costly pension obligations of GM spin-offs onto taxpayers).

-$1.6 million in stimulus money to be used to irrigate a golf course in Texas.

-A new study by Susan Dudley and Melinda Warren finds that regulatory spending grew 31 percent under Bush. Regulatory staffing grew 42 percent.

-Selling shellfish to the Department of Veterans Affairs? There are regulations for that.

-It is illegal to possess pliers in the state of Texas.

-The federal government’s Integrated Nitrogen Committee is having a public teleconference on June 8.

-In Virginia, it is illegal to take a bath without a doctor’s permission.

-Government programs never die. One Cold War relic is the Federal Radiological Preparedness Coordinating Committee.

-The federal government’s Wild Horse and Burro Advisory Board is holding a public workshop June 14-15.

-$300,000 of stimulus money to pay for floating toilets.