June 30, 1999

America's most costly welfare recipients are Fortune 500 companies
Uncle Sam doled out nearly $75 billion in taxpayer subsidies in 1997

"Corporate welfare is a large and growing component of the federal budget," Cato's director of fiscal policy studies Stephen Moore told the House Budget Committee today. "These programs have grown almost 10 percent over the past four years, despite the fact that congressional Republicans pledged an attack against unwarranted business subsidies back in 1995."

Corporate welfare corrupts the political process and destroys American competitiveness. But the real issue with corporate welfare, according to Moore, "is the opportunity costs associated with the $75 billion a year in subsidies. If all corporate welfare were eliminated, the savings would be large enough to entirely abolish the capital gains tax or the death tax; cut the personal income tax, the corporate income tax, or the payroll tax; or help finance a flat tax at a rate of 20 percent for all Americans."

"The most egregious subsidies are in the forms of federal expenditures, not tax loopholes," he explained to the panel. "If Congress is serious about weaning businesses from federal subsidies, it should concentrate on eliminating the Departments of Commerce and Energy, the Export Import Bank, the International Monetary Fund and the World Bank, farm subsidies, and OPIC."

New tactics are clearly necessary to eliminate federal subsidies to corporations. Moore recommended the following to the panel: pay for tax cuts with corporate welfare cuts; establish a Corporate Welfare Elimination Commission, similar to the Military Base-Closing Commission; eliminate double dipping, allow only one grant per corporation; enact time limits on corporate welfare, similar to the two-year limit for social welfare; require firms to report to Congress all of the federal money they receive each year and from what programs and agencies; prohibit from lobbying private firms that receive federal grants, loans, or loan guarantees; prohibit any company or individual with an income of more than $1 million from receiving any federal subsidy.

The complete text of Moore's testimony



June 22, 1999

Special Operations Forces used to advance questionable foreign policy
Study finds Joint Combined Exchange Training Program creates "self-appointed diplomat-warriors"

The Joint Combined Exchange Training (JCET) program, under which Special Operations Forces (SOF) can be deployed anywhere without congressional oversight and debate, has become "a tool to advance sometimes dubious foreign policy goals," according to a new study released today by the Cato Institute. In Cato Foreign Policy Briefing Paper no. 53, "Special Operations Military Training Abroad and Its Dangers," authors John Rudy and Ivan Eland argue that JCET deployments must be reined in-and soon-to avoid entangling the United States in "petty military conflicts and militarizing U.S. relations with other nations."

In the wake of the Cold War, the U.S. military has been in search of a new justification for the existence of a worldwide military committed to the defense of far-flung interests and allies, according to Rudy and Eland; Special Forces training of foreign militaries has become a way to ensure that type of presence.

Through JCET, the Pentagon provides the manpower "to train and influence foreign militaries and governments, thus effectively carrying out its own mini foreign policy," the authors write. JCET has given the U.S. military the ability to embark on a program of building military-to-military relationships "with nations of every description and in every corner of the world," including those with egregious human rights records that have been excluded from almost all other U.S. international aid programs.

In 1991 there were 38,000 SOF personnel deployed in 92 countries at a cost of $2.4 billion; in 1997 there were 47,000 personnel in 143 countries at a cost of $3.4 billion. "In many regions, the Pentagon is supplanting the State Department as the primary instrument of U.S. policy. JCET turns SOF personnel into key representatives of the U.S. government-as self-appointed 'diplomat-warriors.' "

This pattern of U.S. involvement through military-driven relationships is eerily reminiscent of "the manner in which the United States slowly but inexorably entered into the Vietnam War," the authors argue. "JCET missions are in effect teaching techniques that could be used for oppression in the name of spreading democracy-all the while risking U.S. entanglement in innumerable petty conflicts."

"The JCET law should be repealed and replaced by an explicitly limited program with the exclusive purpose of training SOF personnel," Rudy and Eland conclude.

Foreign Policy Briefing Paper no. 53



June 18, 1999

True cost of government intervention in gambling industry is high
National Gambling Impact Study failed to consider cost of regulations

"The federal government should resist pressure to involve itself further in gambling," according to a Policy Analysis released today by the Cato Institute. "There may be inherent risks to gambling, but we should remember that government intervention entails risk too," writes Wall Street analyst Guy Calvert in "Gambling America: Balancing the Risks of Gambling and Its Regulation."

The National Gambling Impact Study Commission, created by Congress to study the "social costs" of gambling as well as to examine regulatory options, released its findings today. However, the report fails to review the true costs of government regulation, which presumably calls for thorough consideration of the non-governmental alternatives, according to Calvert. "A coercive effort to eliminate or reduce gambling must compete with that formidable opponent, human nature. Lawmakers need to balance the risks," he says.

These risks must include the fact that harsh government measures intended to suppress gambling will likely usher in a new era of public corruption by compromising the integrity of government officials, judges, and the police, Calvert writes. And, he notes, these measures would do little or nothing to actually deter compulsive gamblers from gambling.

The commission proceedings "obscure the important point that gambling, for the vast majority of people, is simply a matter of fun, a voluntary and harmless pursuit that many find rewarding. In moderation, it is neither less wholesome nor less rational than other sources of entertainment, such as television, the opera, or competitive sports."

Calvert takes issue with those who argue that gambling is immoral and therefore should be regulated and/or banned. "The morality issue is beside the point -- if gambling is a vice, then it is a matter for philosophers and the clergy, and ultimately, individual conscience," he writes. "A more paternalistic government policy would, quite apart from intruding on the liberties of gamblers and others, make a mockery of any doctrine of individual responsibility -- hardly the best way to sustain the moral health of the nation." Instead, he argues that the best remedy for compulsive gamblers should be counseling and abstinence, not government intervention to prohibit or limit gambling.

Calvert also notes that, contrary to popular belief, those who gamble in casinos are "not crazed, welfare-dependent casino desperados." In fact, they are more educated and have a higher household income than average Americans and are much better off than lottery players -- and lotteries are regulated by state governments and run by them as a monopoly.

Policy Analysis no. 349



June 16, 1999

Cato VP David Boaz testifies on failure of our current policy of drug prohibition
Massive federal effort does not reduce drug use, encourages crime and corruption

"Perhaps no area more clearly demonstrates the bad consequences of not following our tradition of individual liberty, vigorous civil society, and limited government than drug prohibition," Cato Institute executive vice president David Boaz told the Subcommittee on Criminal Justice, Drug Policy, and Human Resources of the House Committee on Government Reform today. "The long federal experiment with prohibition of marijuana, cocaine, heroin, and other drugs has given us unprecedented crime and corruption combined with a manifest failure to stop the use of drugs or reduce their availability to children."

"In 1933, Congress recognized that Prohibition had failed to stop drinking and had increased prison populations and violent crime. Congress then acknowledged the failure of alcohol Prohibition and sent the Twenty-First Amendment to the states. Why do we continuously ignore the lessons of the past?" asked Boaz.

Today Congress confronts a similarly failed prohibition policy, Boaz explained. "Futile efforts to enforce drug prohibition have been pursued even more vigorously in the 1980s and 1990s than they were in the 1920s. Total federal expenditures for the first 10 years of Prohibition amounted to about $733 million in 1993 dollars. Drug enforcement cost about $22 billion in the Reagan years and another $45 billion in the four years of the Bush administration. The federal government spent $16 billion on drug control programs in FY 1998. That does not include state and local expenditures, which were $15.9 billion in FY 1991 and have likely increased considerably over the 1990s."

"As for discouraging young people from using drugs, the massive federal effort has largely been a dud. Despite the soaring expenditures in antidrug efforts, about half the students in the United States in 1995 tried an illegal drug before they graduated from high school. Every year from 1975 to 1995 at least 82 percent of high school seniors said they found marijuana 'fairly easy' or 'very easy' to obtain. Over 54 percent of high school seniors reported some use of an illegal drug at least once during their lifetime," Boaz informed the panel.

Boaz recommended that Congress withdraw from the war on drugs and let the states set their own policies with regard to currently illegal drugs. "Drug abuse is a problem, for those involved in it and for their families and friends, but it is better dealt with as a moral and medical than a criminal problem."

Full text of David Boaz's testimony



June 11, 1999

Both Clinton and GOP Social Security reform plans deeply flawed
Study shows neither plan would benefit low-wage workers nor 'save' Social Security

Plans to "save" Social Security proposed by both President Clinton and the Republican leadership in Congress would not work, according to a Briefing Paper released today by the Cato Institute. The study, "Social Security Reform Proposals: USAs, Clawbacks, and Other Add-Ons," by entitlements policy analyst Darcy Ann Olsen, is the first to compare participation rates in 401(k) plans with the president's proposed USA accounts, finding that the USA accounts are unlikely to benefit low- and middle-income workers. Olsen also found that legislation proposed by Reps. Bill Archer (R-Tex.) and Clay Shaw (R-Fla.) would not increase benefits for workers and that the rate of return on Social Security payroll taxes, already low at less than 2 percent for a vast majority of American workers, would worsen.

Clinton's USA accounts are similar in structure to 401(k) plans in that they are controlled and owned by the worker and would have matching funds provided by a third party (for USAs - the government; for some 401(k)s - the employer). USAs are known as "add-ons" because they would force workers to pay a supplement to the current 12.4 percent payroll tax. That payment would merely create "another centralized retirement plan requiring a new funding stream" and do nothing to address Social Security's looming financial crisis. According to Olsen, add-ons would become "tax shelters for higher-wage earners, become new entitlements, or increase the payroll tax burden. . . . Such plans rely on a vast infusion of government money, and offer no greater income for workers at retirement."

The study found that half of workers earning less than $35,000 would not participate in USA accounts. "Workers who are either unable or unwilling to save more will not begin to do so simply because the government opens an account in their name," she writes. Likewise, the Archer-Shaw bill -- an "add-on" with a "clawback" -- would do nothing to help low- to middle-income workers; the legislation would allow 2 percent of each person's income taxes to be taken and "rebated" in the form of a personal account, while Social Security benefits would be cut by a corresponding amount.

"The idea of establishing individual retirement accounts alongside Social Security is a favorite among politicians because they can talk about positive aspects of individual accounts -- worker empowerment, personal ownership, and wealth creation -- while avoiding the more unpleasant but central issue of Social Security reform," according to Olsen.

"A better way to fund personal accounts is to allow workers to use existing payroll taxes that are currently slated for Social Security" -- known as a "carve-out" -- which would be funded by redirecting a portion of the current payroll tax to new, individually owned retirement accounts. "Proponents of add-on accounts fail to recognize that workers are contributing enough to provide for a comfortable retirement. Dozens of studies have shown that if workers were able to invest their Social Security payroll taxes, they would retire with substantial sums in their accounts."

Cato Briefing Paper no. 47



June 10, 1999

Weak domestic financial systems threaten the global marketplace
Summers argues that open markets and capital flows may be the answer

The newest edition of the Cato Journal (Vol. 18, No. 3) headlines an essay by Lawrence H. Summers, who is poised to become treasury secretary after the departure of Robert Rubin. In "Building an International Financial Architecture for the 21st Century," Summers writes that "the core proposition of monetary economics is a trilemma: that capital mobility, an independent monetary policy, and the maintenance of a fixed exchange-rate objective are mutually incompatible."

Summers argues that creating a safe and sustainable system for the flow of capital from developed to developing countries is of the utmost importance. Strengthening weak domestic financial systems through market liberalization and the reduction of imprudent borrowing and lending practices is the key to global prosperity. The economies of Mexico, Russia, and Thailand faltered due to crony capitalism, while nations such as Hungary and Argentina have taken off since implementing market liberalism.

"Market discipline is the best means the world has found to ensure that capital is well used," Summers writes, going on to say that "as capital market integration increases, countries will be forced increasingly to more pure floating or more purely fixed regimes." He concludes that "the most important determinant of every country's fortunes is the policy choices of its people and its government. We can seek to create the best structure and best environment possible, and the international community can make a contribution when problems come. But none of this is a substitute for strong, determined action of countries to maintain stability and to address instability when it comes."

This issue of the Cato Journal also examines the future of the euro. In "The Impending Collapse of the European Monetary Union," Charles Calomiris of Columbia University predicts that politics will impair the new currency. He foresees "soft-currency" member states threatening to quit the European Monetary Union unless their massive government expenditures can be accommodated. Robert Mundell, one of the architects of the euro, disagrees. In "The Euro: How Important?" Mundell writes, "The dollar-euro exchange rate is going to become the most important price in the world. . . . By 2010 we will be back to a world where we get more fixed exchange rates, and the International Monetary Fund will be dragged back to its original function."

Cato Journal, Vol. 18, No. 3, Winter 1999



June 7, 1999

Russia's post-Soviet financial system: still fundamentally socialist
U.S. and international lenders should stop supporting current Russian institutions

"Despite the appearance of reform, in important ways Russia's financial sector is little changed from the Soviet era," according to a Policy Analysis released today by the Cato Institute. "Russia has not had for decades and does not now have anything close to free trade in money," write co-authors Kurt Schuler, a monetary economist, and George A. Selgin, associate professor at the University of Georgia, in "Replacing Potemkin Capitalism: Russia's Need for a Free-Market Financial System."

"It is grotesque to blame laissez faire for the current financial crisis and Russia's wider economic problems since the Soviet Union dissolved," according to Schuler and Selgin. "Russia's problem is that it has retained many socialist practices in its financial system yet eliminated others that gave the system some orderliness."

"The most effective thing that foreign governments and international financial institutions can do is to stop supporting both the Central Bank of Russia and attempts to reform Russian banks from within," Schuler and Selgin write. Instead, they advocate several structural changes to resolve Russia's current financial crisis. Their recommendations include letting sound banks and sound money compete in the Russian economy, establishing an orthodox currency board to create monetary stability, allowing foreign banks to compete with Russian banks on equal terms, and allowing the dollar ("Russia's de facto free-enterprise money") to become legal tender.

"Attempts to preserve the value of the ruble and to prop up Russia's ailing banking system are misguided. The ruble is a currency of socialism; the government uses it as a tool for making forced transfers of wealth from the Russian people to inefficient enterprises that are holdovers from the socialist era," they write.

"Russia's current financial institutions have not worked and will not work well. The sooner people understand that, the better off the Russian public and taxpayers in Western countries will all be," Schuler and Selgin conclude.

Policy Analysis no. 348



June 3, 1999

Contemporary tort law is hostile to individual liberty
Crisis in tort law caused by failure to enforce the terms of private contracts

"Courts regularly resolve disputes by applying tort principles when they should apply the law of contracts," according to a Policy Analysis released today by the Cato Institute. "Traditional rules of liability have all too often been replaced by rules, if they can be called such, that are little connected to common-sense notions of individual responsibility," writes Michael I. Krauss, professor of law at George Mason University, in "Restoring the Boundary: Tort Law and the Right to Contract."

The tort "crisis," which is most evident in product liability cases and malpractice suits, exists not because corporations are "oppressing" individuals but because "our rights have been given increasingly less respect by government," Krauss argues. "We have not allowed tort to be tort, and contract to be contract."

Historically, according to Krauss, one of the principal ways tort law policed the freedom to act, and the right to be free from harms wrongfully caused by others, was through its close connection with contract law. "The law presumed that people were free to choose how to act, but it also held them liable for the harmful consequences of their wrongful choices," he writes.

However, recent precedent has changed that. Courts have chosen not to enforce contracts to which plaintiffs have agreed, thereby declining to protect the rights of the parties. Krauss says that this 40-year tilt toward tort in lieu of contract has transformed the law of torts "into a general social insurance scheme," and adds that "once government has advanced a plausible rationale for prohibiting consensual behavior in one area, its tentacles inevitably extend to other areas as well."

The consequences of the "deep-pocket principle" that now dominates tort law, says Krauss, are myriad. "Opportunities are forgone, financial disaster is always just around the corner, and the aggregate costs for everyone grow larger." To remedy the situation, the author argues that states need to reestablish the boundary between contract and tort, allowing private parties rather than courts to decide the terms of their relationships. In addition, Krauss says we need to identify the very few morally offensive transactions to which private contracts should not apply. "Legal scholars, judges, and legislators must comprehend and act on basic truths about private ordering in a free society," he concludes.

Policy Analysis no. 347



June 2, 1999

Health risks from exposure to chemicals: crucial questions not answered by science
Free markets and strong information flow necessary for effective risk management

"Policy problems relating to health risk from chemicals embody value choices and will not be resolved through more scientific investigation," according to Peter VanDoren, editor of Cato's Regulation magazine and author of a new book published by the Cato Institute, Chemicals, Cancer, and Choices: Risk Reduction through Markets. VanDoren, a political economist who taught at Princeton, Yale and the University of North Carolina at Chapel Hill before joining the Cato Institute, has written extensively on risk and human health.

"Frequent media reports allege that our health is in constant peril from exposure to chemicals including pesticide-treated food, artificially sweetened beverages, chlorinated swimming pools, and automotive gasoline. What should we do about such health risks?" asks VanDoren. Conventional risk policy suggests that we ask scientists to tell us how exposure to chemicals affects human health and then let the government regulate exposure using the information provided by scientists. But, he warns, "The belief that more scientific research will answer our policy questions is misguided."

Scientific research will not answer our policy questions for a variety of reasons, according to VanDoren. "The public (and, hence, policymakers) worries about small levels of increased cancer risk resulting from chemical exposures," but studies of minuscule levels of risk are prohibitively expensive; and some issues cannot be resolved scientifically. Such issues include which compounds should be analyzed in light of limited budgetary resources; how regulators should use research data, given the well-known design flaws of most studies; and should we be more concerned with the need to protect the public from carcinogens or the need to allow products to be developed and sold in the marketplace?

"In the case of chemical exposures that are private goods, government (to the extent that it does anything at all) should limit its activities to the provision of information so individuals can decide for themselves which risks to bear. Command-and-control regulations inhibit the development of robust private information markets because people think that if a product is for sale, the government must have checked it out to ensure that its benefits were greater than its harms."

Chemicals, Cancer, and Choices: Risk Reduction through Markets



June 2, 1999

Natural monopolies need not be regulated
Resources of government should be directed to problems that are substantial

The Microsoft antitrust trial resumed on June 1. The Justice Department argues that Microsoft is a monopoly whose behavior must be tamed by government regulation. Richard Posner, author of "Natural Monopoly and its Regulation," a landmark article initially published 30 years ago and recently re-released as a book by the Cato Institute, disputes the premise that natural monopolies must be regulated. Posner did not deny that "unregulated natural monopoly would yield various inefficiencies. . . . But [he] thought them exaggerated, . . . [and] the effort to constrain a [monopolist's] pricing . . . is more likely to produce distortions than to bring about a reasonable simulation of competitive pricing and output."

Posner, currently chief judge of the U.S. Court of Appeals for the Seventh Circuit, has written extensively on the economics of criminal law, labor law, and intellectual property. Posner remains a senior lecturer at the University of Chicago Law School. He graduated summa cum laude from Yale College and first in his class at Harvard Law School.

When the article was originally released in 1969, it was considered "distinctly heterodox." Posner explains that "at that time the emphasis on reforming rather than abolishing regulation reflected the fact that most economists and lawyers had considerable faith in government-and considerable distrust of free markets." A variety of factors has encouraged that attitude to change. "What mainly happened is that regulation broke down; it was a microcosm of the breakdown of the Soviet Union's command-and-control economy. A combination of inflation in the 1970s and accelerating technological change favorable to competition brought about a situation in which regulation no longer satisfied the needs of key interest groups, whether of regulated firms or of customers. . . . Natural monopolies have crumbled; even the local natural monopolies, which are based on the inefficiency of duplicating a local grid of wires or pipes, may soon go the way of the former natural monopoly of long-distance telephone service."

What does this mean for Microsoft? Although Posner does not comment directly on the case, he does say that "the resources and energies of government should be directed to problems we know are substantial, that we think are traceable to government action, and that cannot be left to the private sector to work out. There are plenty of those problems and it is doubtful that natural monopoly is among them."

Natural Monopoly and Its Regulation.



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