More Keynesian Primitivism from the Congressional Budget Office

I never watched That ’70s Show, but according to Wikipedia, the comedy program “addressed social issues of the 1970s.”

Assuming that’s true, they need a sequel that addresses economic issues of the 1970s. And the star of the program could be the Congressional Budget Office, a Capitol Hill bureaucracy that apparently still believes - notwithstanding all the evidence of recent decades - in the primitive Keynesian view that a larger burden of government spending is somehow good for economic growth and job creation.

I’ve previously written about CBO’s fairy-tale views on fiscal policy, but wondered whether a new GOP-appointed director would make a difference. And I thought there were signs of progress in CBO’s recent analysis of the economic impact of Obamacare.

But the bureaucracy just released its estimates of what would happen if the spending caps in the Budget Control Act (BCA) were eviscerated to enable more federal spending. And CBO’s analysis was such a throwback to the 1970s that it should have been released by a guy in a leisure suit driving a Ford Pinto blaring disco music.

Bloomberg BNA Podcast on Legal Challenges to ObamaCare

In this Bloomberg BNA podcast, Supreme Court correspondent Kimberly Robinson and I discuss King v. BurwellSissel v. HHS (the Origination Clause case), and House of Representatives v. Burwell, (the House GOP’s lawsuit against the Obama administration’s efforts to exceed its powers under the Constitution and the Affordable Care Act).

Keep an eye out for my article on King v. Burwell with Jonathan Adler in the upcoming Cato Supreme Court Review.

Adler and I will be speaking about King at the Cato Institute’s 14th annual Constitution Day symposium on September 17, 2015. Register here.

A Rush to Judge Gold

Of course I didn’t expect my recent post, listing “Ten Things Every Economist Should Know about the Gold Standard,” to stop economists from repeating the same old misinformation. So I’m not surprised to find two of them, from the New York Fed, repeating recently some of the very myths that I would have liked to lay to rest.

The subject of James Narron and Don Morgan’s August 7th Liberty Street Economics post is the California gold rush. After describing the discovery at Sutter’s mill and the “stampede” of prospectors anxious to get their hands on part of the “vast quantities of gold” whose existence that discovery had revealed, Narron and Morgan observe that the

large gold discovery functioned like a monetary easing by a central bank, with more gold chasing the same amount of goods and services. The increase in spending ultimately led to higher prices because nothing real had changed except the availability of a shiny yellow metal.

No economist worthy of the name would deny that, other things being equal, under a gold standard more gold means higher prices. But other things evidently weren’t equal in the U.S. in the late 1840s and early 1850s, for if they had been the path taken by the U.S. CPI between 1830 and 1880 would not have looked as it does in the chart shown below, which was also in my above-mentioned post:

U.S. CPI

*Graphing Various Historical Economic Series,” MeasuringWorth, 2015.

As you can see, the gold rush didn’t even cause a blip in the CPI, which was about as stable from 1840 to 1860 as it has ever been. Indeed, prices fell slightly, making for an annual inflation rate of minus .19 percent. For the shorter period of 1845 to 1860 the inflation rate is, admittedly, much higher: a whopping .63 percent. But even this higher rate is, according to the Fed’s current credo, was dangerously low. Were one to assume that a 2 percent inflation rate was as desirable 167 years ago as Fed officials claim it to be today, one would have to conclude that the gold rush, far from having made the U.S. money stock grow too rapidly, didn’t suffice to make it grow rapidly enough.

The Patent Case that Threatens the Internet

The Court of Appeals for the Federal Circuit heard oral arguments today in a case about dental retainers that could threaten the free flow of information over the Internet.  The question is whether the U.S. International Trade Commission has the authority to bar the “importation” of digital transmissions.  The case has serious implication for the future of 3D printing, internet service providers’ liability for copyright piracy, and the internet’s global infrastructure. 

The ITC has the power to ban imports to prevent “unfair competition” and has become a popular venue to enforce U.S. patents.   A Cato Policy Analysis from 2012 details how the ITC’s patent enforcement powers are unnecessary, protectionist, and inconsistent with U.S. trade obligations

The case before the appeals court today involves products that are manufactured inside the United States based on schematics generated by a computer in Pakistan.  The production of those schematics is covered by a patent owned by Align Technology, who successfully petitioned the ITC to issue an order barring its competitor ClearCorrect from transmitting the data from Pakistan to the United States.

An editorial in yesterday’s New York Times explained the dangers of allowing the agency to have power over digital transmissions:

The I.T.C. has long had the power to forbid companies from importing physical goods like electronics, books and mechanical equipment that violate the patents, copyrights and trademarks of American businesses. It does so by ordering customs officials to seize items at the border or by issuing cease and desist orders to importers. The commission’s order to ClearCorrect was the first time it had sought to bar the transfer of digital information. If the appeals court upholds this decision, it could set a precedent that would allow businesses to seek to block all kinds of data transmissions.

Of course businesses should be able to protect their patents and copyrights. But there are far better ways to do so. In this case, for example, Align could sue ClearCorrect and seek damages for patent infringement. Or the company could ask a judge to order ClearCorrect to stop selling products made using the information contained in the files.

It is not even clear that the commission has the authority to restrict international data transfers. Congress has given it authority to block the import of “articles,” which for decades has been understood to mean physical goods. In last year’s ruling, a five-member majority of the commission ruled that the word “article” includes data.

Groups like the Motion Picture Association of America and the Recording Industry Association of America are supporting the commission’s view. They argue that, as trade increasingly becomes digital, the definition of “article” should include data. The Internet Association, which represents companies like Facebook, Google and Twitter, is asking the court to reverse the decision.

We already know from leaked documents that the MPAA plans to use the ITC’s potential jurisdiction over data transmissions  as a way to block Americans from accessing foreign websites that host copyrighted movies.

The purpose of the ITC’s patent enforcement power is to make sure that U.S. companies have a remedy against foreign infringers who are otherwise unreachable by a domestic court.  That’s why the ITC’s remedy is a ban on future imports rather than money damages for past infringement like you would get in federal district court.  But the bulk of the ITC’s caseload, including the Align case, involves disputes between parties that can and do sue each other in U.S. courts. 

In today’s global economy, it’s particularly pointless to have a specialized IP court for imports, digital or otherwise.  The fact that an article is imported from outside the United States or a piece of information travels through a foreign computer server has no bearing on whether that product infringes a U.S. patent or copyright. 

Giving the ITC power to bar cross-border data transmissions invites mischievous litigation without serving any legitimate public policy goal.

The Bad and Ugly of the GOP’s Foreign Policy, Part 1

The GOP’s Cleveland debate was spirited, but shed little light on foreign policy. There are important differences among the participants, but few were exposed.

For instance, elsewhere Donald Trump opined that Crimea was Europe’s problem and asked why Washington still defended South Korea. These sentiments deserved discussion.

No multi-candidate forum can delve deeply into such complex issues, however. Even those Republicans giving formal foreign policy addresses have come up short. The GOP contenders have been largely captured by a reflexive, even rabid interventionism which ignores consequences and experience.

Leading the hawks is Sen. Lindsey Graham, a member of the Senate’s unabashedly pro-war caucus. In the interventionist middle some candidates demonstrate hints of reluctance, such as Ted Cruz and John Kasich. Sen. Rand Paul brings up the rear, uncomfortably gyrating between his father’s views and the GOP conventional wisdom.

Chris Christie delivered a formal foreign policy address in which he easily staked his claim to being most committed to violating Americans’ civil liberties through surveillance of dubious value. He charged that his critics were “ideologues,” yet opposed any restraints on the new, far-reaching presidential powers that he demanded.

His foreign policy views are even worse. At age 52, Christie declared: “I don’t believe that I have ever lived in a time in my life when the world was a more dangerous and scary place.”

This is nonsense. As I pointed out on Forbes online: “Christie barely missed the Cuban missile crisis. During his life the Cold War raged, the Vietnam War was lost, the Soviets invaded Czechoslovakia and Afghanistan, and China’s Mao Zedong unleashed the bloody Cultural Revolution. People talked about the potential for a ‘nuclear winter’ from a nuclear exchange. Today the U.S. vastly outspends its potential adversaries and is allied with every major industrialized power save China and Russia.”

 “Building stronger alliances” is a “pillar” of Christie’s foreign policy. U.S. foreign policy is based on “partnership with the people and nations who share our values,” he explained. Like the totalitarian Saudis, brutal Egyptian military, and dictatorial Central Asian states?

Moreover, America’s friends can defend themselves. For instance, South Korea has 40 times the GDP of the North; Japan possesses the world’s third largest economy. Europe has a larger GDP and population than America and multiple of those of Russia.

Many so-called allies are security black holes, making America less secure. Why would Washington wish to confront nuclear-armed Moscow over interests the latter considers vital by defending nations such as Georgia and Ukraine, which always have been irrelevant to America’s security?

Christie argued that “We didn’t have to be a global policeman who solved every problem.” But that’s what Washington has done with perpetual social engineering through foreign aid, military intervention, war, and more.

In Christie’s view squandered U.S. credibility is why Russia grabbed Crimea, Syria’s Bashar al-Assad used force against his opponents, and “Iranian-backed militias are rampaging across Yemen.”

In fact, Washington never was going to go to war over Crimea with nuclear-armed Russia. Assad was determined to remain in power and therefore had to fight, irrespective of Washington’s view. Yemen’s Houthis have been in revolt for decades and have never had much connection to Iran, let alone America.

Of course, Christie demanded more military outlays. But it would be easier “to keep our edge” if Washington didn’t constantly squander Americans’ resources defending other nations and rebuilding failed states.

Christie insisted that “What happened on 9/11 must never happen again.” But he failed to understand that promiscuously supporting authoritarian regimes, aiding foreign combatants, dropping drones and, most important, bombing, invading, and occupying other lands creates enemies determined to do America ill.

Rubio and Bush also have given formal speeches, but sound no better than Christie. Most GOP candidates promise brave new interventions and wars.

If Republicans really believe in limited government and individual liberty, they should promote peace. It is time for a real Republican debate over foreign and military policy.

Maintaining and Enforcing Spending Caps Is a Huge Test of GOP Credibility on Fiscal Policy

Let’s celebrate some good news.

When politicians can be convinced (or pressured) to exercise even a modest bit of spending restraint, it’s remarkably simple to get positive results.

Here’s some of what I wrote earlier this year.

…one of the few recent victories for fiscal responsibility was the 2011 Budget Control Act (BCA), which only was implemented because of a fight that year over the debt limit. At the time, the establishment was screaming and yelling about risky brinksmanship. But the net result is that the BCA ultimately resulted in the sequester, which was a huge victory that contributed to much better fiscal numbers between 2009-2014.

And “much better fiscal numbers” really are much better.

Here’s a chart I put together showing how the burden of federal spending declined between 2009 and 2014. And this happened for the simple reason that spending was flat and the economy had a bit of growth.

But now let’s look at some bad news.

Ecuador’s Ambassador Misses the Point: Dollarization

Ecuador’s ambassador to the U.S., Francisco Borja Cevallos, wrote a letter, “Ecuador’s Progress,” which was published in the New York Times on August 8th. Ambassador Borja reviews a number of Ecuador’s recent economic accomplishments. Fine. After all, by Latin American standards, Ecuador has performed well. Indeed, my Misery Index rankings for the region in 2014 show that only Panama, Mexico, and El Salvador performed better than Ecuador did.

What Ambassador Borja failed to mention is the true source of Ecuador’s relative success: dollarization. Yes, Ecuador is dollarized. Ecuador represented a prime example of a country that was incapable of imposing the rule of law and safeguarding the value of its currency, the sucre. The Ecuadorian sucre traded at 6,825 per dollar at the end of 1998, and by the end of 1999 the sucre-dollar rate was 20,243. During the first week of January 2000, the sucre rate soared to 28,000 per dollar.

With the sucre in shambles, President Jamil Mahuad announced, on January 9, 2000, that Ecuador would abandon the sucre and officially dollarize the economy. Telephone calls from both President Bill Clinton and U.S. Treasury Secretary Larry Summers encouraged Mahuad to dollarize. The positive confidence shock was immediate. On January 11th — even before a dollarization law had been enacted—the central bank lowered the rediscount rate from 200 percent a year to 20 percent. On February 29th, the Ecuadorian Congress passed the so-called Ley Trolebus, which contained dollarization provisions. It became law on March 13th, and after a transition period in which the dollar replaced the sucre, Ecuador became the world’s most populous dollarized country. And dollarization remains, to this day, highly popular; most Ecuadorians — 85 percent — still give dollarization a thumbs up. What Ecuadorians fear is that President Rafael Correa, who has opposed dollarization in the past, might just abandon the greenback, which is Ecuador’s anchor of stability.