Just Put Ernie in Charge of the Next Farm Bill

Yesterday, the U.S. Senate passed a farm bill with a projected price tag of $955 billion over ten years. As my colleague Sallie James explains, neither the Senate farm bill nor the House version offer up much in the way of real “reform.” And as Chris Edwards notes, both the Senate and House versions would spend more than the previous farm bill.     

One reason why taxpayers are about to get handed another _____ sandwich is because the politicians responsible for crafting the legislation are, well, politicians. And out of the mouths of politicians often come statements that indicate a softness of thought. Take, for instance, the following comments from Senate Agriculture Committee chairwoman Debbie Stabenow (D-MI) who just successfully shepherded a farm bill through the Senate: 

“I don’t think you can have an economy unless you make things and grow things. This bill is about growing things. That’s what we need to do in this country,” said Sen. Debbie Stabenow (D-Mich.), who chairs the Senate Agriculture Committee.

The Senate just voted to take more money from average taxpayers and give it to higher-income farm households because we need to “grow things”? Things won’t grow unless the grower gets a check from the government? What in the world is Sen. Stabenow talking about? Grow things? 

Apparently, one need only to have watched Sesame Street to be qualified to centrally plan the nation’s agricultural economy:

Raisin-Taking Claim Now Ripe for Consideration on the Merits

As Ilya noted, the Supreme Court yesterday cleared the procedural roadblocks for the Horne family, which grows and processes raisins in California, to challenge the operations of the USDA’s marketing order system as an unlawful taking of their property without compensation. The Hornes say that under the USDA’s California Raisin Marketing Order, the Raisin Administrative Committee demanded that they hand over 47 percent of their raisins to be disposed of in ways that do not compete with sales in the domestic retail raisin market, such as export programs and school lunches. 

47 percent! Back in January that figure reminded me of an earlier scale of government extraction: 

Max Boot, who has written a new book on the history of guerrilla movements, tells how Shamil, firebrand leader of a celebrated 19th-century Muslim insurgency in Chechnya and Dagestan, began to lose the allegiance of “many ordinary villagers who balked at his demands for annual tax payments amounting to 12 percent of their harvest.” Instead, they switched their allegiance instead to the rival Russian czar, whose demands were more modest.

If only Washington were content with the czar’s less-than-12 percent. For more on regulatory takings, check out this testimony from way back in 1995 by Cato’s own Roger Pilon before the House Judiciary Committee.

NSA Snooping: a Majority of Americans Believe What?

Yesterday, the Washington Post and the Pew Research Center released a joint poll that purportedly showed that “a large majority of Americans” believe the federal government should focus on “investigating possible terrorist threats even if personal privacy is compromised.”

But a careful look at the poll shows citizens are far less sanguine about surrendering their privacy rights, as the facts continue to be revealed.

Pollsters faced a difficult challenge—to accurately capture public opinion during a complex and evolving story. Recall, on Wednesday of last week, the story was about the NSA tracking Verizon phone records. So the pollsters drew up a perfectly reasonable and balanced question:

As you may know, it has been reported that the National Security Agency has been getting secret court orders to track telephone call records of MILLIONS of Americans in an effort to investigate terrorism. Would you consider this access to telephone call records an acceptable or unacceptable way for the federal government to investigate terrorism?

Fifty-six percent found this “acceptable.” Thus, the “majority of Americans” lead in the Washington Post.

However, on Thursday, the Washington Post revealed explosive details about the massive data-collection program PRISM—and the public was alerted that the NSA was not just collecting phone records, but email, Facebook, and other online records. So the pollsters quickly drew up a new question, asked starting Friday, from June 7-9:

Do you think the U.S. government should be able to monitor everyone’s email and other online activities if officials say this might prevent future terrorist attacks?

Fifty-two percent—a majority—said “no.” So Americans feel differently about the story based on the facts on Wednesday, when the story was about tracking “telephone calls,” and facts on Thursday, when the story was about monitoring all “email and other online activity.”

The Washington Post could have fairly gone with a story that a majority of Americans do not agree that the federal government should monitor everyone’s email and online communication, even if it might prevent future terrorist attacks.

Unfortunately, that’s not the story that the Washington Post went with. Subsequent media coverage of the Post-Pew poll has neglected this nuance and cemented this misinterpretation of what “majority of Americans” believe.

A more reasonable interpretation of the Post-Pew poll is that citizens’ views seem to be changing as more details are revealed about the massive extent of the NSA snooping program. Indeed, most citizens have not been following this story as closely with only 48 percent report following thing “very closely” or “fairly closely.”

I’ll be watching eagerly to see what the next polls find out about that ever elusive “majority of Americans.”

Plaintiffs Ask Court to Block IRS’s Illegal ObamaCare Taxes this Year

I have blogged about the Internal Revenue Service’s attempt to tax, borrow, and spend $800 billion contrary to the clear language of ObamaCare, and how both Oklahoma (in Pruitt v. Sebelius) and a group of individuals and small businesses (in Halbig v. Sebelius) have filed suit to block this raw power grab. The Congressional Research Service writes that these challenges “could be a major obstacle to the implementation of [ObamaCare].” George Mason University law professor Michael Greve writes:

This is huge: all of Obamacare hangs on the outcome…If successful…[either] case will bring Obamacare’s Exchange engine to a screeching halt…In short, this is for all the marbles.

Last week, the Halbig plaintiffs asked the U.S. district court for the District of Columbia to speed things up. Though the IRS doesn’t have to respond to the Halbig complaint until July, the plaintiffs filed a motion for summary judgment asking the court to rule on the case before the end of 2013. According to the plaintiffs:

Plaintiffs need a determination on the merits far enough in advance of January 1, 2014, to allow them to conform their behavior to the law. Because the validity of the regulation turns on a purely legal question and the administrative record is closed, Plaintiffs are moving for summary judgment now, and hope thereby to avoid the need to litigate a motion for preliminary injunction or temporary restraining order at the eleventh hour.

The plaintiff’s motion for summary judgment cites my paper (with Jonathan Adler), “Taxation Without Representation: The Illegal IRS Rule to Expand Tax Credits Under the PPACA.”

On June 17, one week from today, Cato will host a policy forum on Halbig v. Sebelius featuring plaintiffs’ counsel Michael Carvin and other luminaries. Register here.

US Carbon Dioxide Emissions Fall as Global Emissions Rise

A new report from the International Energy Agency is sparking headlines across the media. “Global carbon dioxide emissions soared to record high in 2012” proclaimed USA Today; The Weather Channel led “Carbon dioxide emissions rose to record high in 2012”; and the Seattle Post-Intelligencer added “The world pumped a record amount of carbon dioxide in the atmosphere in 2012.”

The figure below (taken from the IEA summary) provides the rest of the story.

It shows a breakdown of the change in carbon dioxide emissions from 2011 to 2012 from various regions of the globe.

 

Notice that the U.S. is far and away the leader in reducing carbon dioxide (CO2) emissions, while China primarily is responsible for pushing global CO2 emissions higher. In fact, CO2 emissions growth in China more than offsets all the CO2 savings that we have achieved in the U.S.

This will happen for the foreseeable future. Domestic actions to reduce carbon dioxide emissions will not produce a decline in the overall atmospheric carbon dioxide concentration.  The best we can hope to achieve is to slow the rate of growth of the atmospheric concentration—an effect that we can only achieve until our emissions are reduced to zero. The resulting climate impact is small and transient.

And before anyone goes and getting too uppity about the effectiveness of “green” measures in the U.S., the primary reason for the U.S. emissions decline is the result of new technologies from the fossil fuel industry that are leading to cheap coal being displaced by even cheaper natural gas for the generation of electricity. As luck would have it, the chemistry works out that that burning natural gas produces the same amount of energy for only about half of the CO2 emissions that burning coal does.

A new report from the U.S. Energy Information Administration estimates that as a result of these new technologies (e.g., hydraulic fracturing and horizontal drilling), globally, the technologically recoverable reserves of natural gas are nearly 50% greater than prior to their development.

Currently, the U.S. is the leader in the deployment of these technologies, and the effects are obvious (as seen in the figure above).  If and when more countries start to employ such technologies to recover natural gas, perhaps the growth in global carbon dioxide emissions will begin to slow (as compared to current projections).

Considering that possibility, along with the new, lower estimates for how sensitive the global average temperature is to carbon dioxide emissions, and the case for alarming climate change (and a carbon tax to try to mitigate it) is fading fast.

Larry Summers Redefines Balanced Budgets as Stimulus and Big Deficits as Austerity

Former Treasury Secretary Larry Summers, in June 4 testimony before the Senate Budget Committee, offers a scatter diagram which allegedly shows “that countries that pursued harsher austerity policies in recent years also had lower real GDP growth.”  He acknowledges, but does not adequately explain, that the causality may well be backwards: Bond markets would not allow countries in severe economic distress (Portugal, Ireland, Greece and Spain) to continue financing deficits at the peak levels of 2010.

Summers defines “austerity” as the three-year change (regardless of the level) from 2010 to 2013 in cyclically-adjusted “primary” deficits (excluding interest expense) as a percent of potential GDP.  His scatter diagram then compares those changes to average real GDP growth from 2010 to 2013, using unexplained estimates for 2013.

Measuring fiscal stimulus by the change in budget deficits means several countries with little or no budget deficit in both 2010 and 2013 appear as employing the most “fiscal stimulus” in Summers’ graph. Sweden’s deficit is estimated at 0.1 percent of GDP for 2013, according to The Economist, and was literally zero in 2010.  Keeping the budget balanced puts Sweden on the admirable left side of Summers’ diagram – the side ostensibly choosing growth rather than austerity.  Germany is another country Summers counts as avoiding austerity, even though Germany’s brief cyclically-adjusted deficit of 3.5 percent of GDP in 2010 was cut to zero in 2012-2013.

When it comes to real GDP Growth, Hong Kong, Singapore, the Slovak Republic and South Korea appear near the top of Summers’ graph.  It is revealing that Hong Kong is also far to the left on the pro-growth side of the austerity axis.  This may appear paradoxical since Hong Kong ran budget surpluses in 7 of the past 8 years, and will do so again in 2013. No amount of cyclical adjusting could turn chronic surpluses into deficits.  Simply because Hong Kong has not switched from a big deficit to a smaller one, that alone suffices to place it among the least “austere” economies on list.  Similarly, South Korea’s budget surplus is estimated at 1.3-1.4 percent of GDP in both 2010 and 2013, according to the OECD, but keeping the budget in surplus between those years counts as stimulative policy in Summers’ reckoning.

Common Core Deceive-and-Denigrate Campaign Continues

I’ve written a lot recently about the untoward tactics being employed by supporters of the Common Core national curriculum standards. I’m afraid little seems to be changing, as illustrated by two new bits of evidence.

The first is a survey in Tennessee by the Core-supporting State Collaborative on Reforming Education. The survey – which has gotten significant coverage across the Volunteer State – supposedly shows that Tennesseans just love the Common Core. As the Knoxville News succinctly put it in its headline, “3 in 4 Tennesseans Favor Common Core Standards.” The article goes on to report that “after hearing a brief description about the standards, about 76 percent of voters support their implementation, with 44 percent ‘strongly’ favoring them.”

Well, that seems like an open-and-shut case for the Common…wait a minute. What was that “description” respondents heard?

Checking out the brief summary SCORE put out about its survey, it appears to be the following (see note 1):

Now, just so everyone taking this survey has the same information, let me tell you some more about these Common Core State Standards. These new standards were developed by states and have been set to internationally competitive levels in English and math. This means that students may be more challenged by the material they study, and the tests they take will measure more advanced concepts and require students to show their work. Knowing this, do you favor or oppose implementing these new Common Core State Standards?

Really? “Just so everyone…has the same information”? Gimme a break.

This is, of course, a classic loaded question designed to get a positive response. How many people are going to oppose “internationally competitive” standards by which children will be “challenged”? Forget that curriculum experts hardly all agree with this assertion. Then, it says that the standards were “developed by states” when, in fact, they were not: the National Governors Association and Council of Chief State School Officers are not states. Finally, it completely ignores that the federal government coerced state adoption of the Core – the main concern of the Core’s most vocal opponents – and did so before the final standards had even been published. If you’re going to include highly dubious assertions, and exclude crucial concerns, you might as well just say “the Common Core is terrific, has no down sides, and will be great for your kids. Now, do you favor or oppose terrific standards that will surely help your children?”

Alas, this is not new. It’s a standard, pro-Core question.

In other news, Delaware Governor Jack Markell (D) took to the pages of the Washington Post today to defend the Common Core against a Post report on Tea Party opposition to the Core. Alas, it was a typical defense, based as much on smearing Core opponents, and ignoring crucial federal involvement, as discussing the Core’s merits.

Markell starts with a straw man, citing the Post article as saying that Tea Party people argue that the Common Core was developed by the Feds. No such assertion appears in the article. Markell then suggests that Common Core was controlled by “state leaders” without saying who they were, perhaps because the NGA and CCSSO employees in charge of the effort were not “state leaders.” Moreover, he implies that somehow for standards to be high, and our nation internationally competitive, standards must be national. He offers no meaningful arguments for these things, and ignores the significant empirical evidence against such superficial assumptions.

Perhaps the most egregious – but typical – of his piece’s failings are two. The first is the absence of any mention of Race to the Top or NCLB waivers (not to mention federal funding and selection of national tests) that are the concrete federal actions that utterly justify anyone’s worries about federal control. They are also just the kinds of actions supporters asked for. And the second? Smearing the Tea Party as “fringe” kooks who, it is implied, only peddle myths.

Given what we’re seeing from many Core supporters, that last bit is ironic, isn’t it?