Laboratory of Democracy? No—Adminstrative Arm of DHS

In several states around the country, legislators are working to pass legislation that would move their states toward compliance with the REAL ID Act, the U.S. national ID law. Oklahoma state senator David Holt (R), for example, has touted his plan as giving Oklahomans the “liberty” to choose which of two ID types they’ll get. Either one feeds their data into a nationwide system of databases.

If you want a sense of what these legislators are getting their states into, take a look at the eight-page notice the Department of Homeland Security published in the Federal Register today. It’s an entirely ordinary bureaucratic document, which walks through the processes states have to go through to certify themselves as compliant. Its few pages represent hundreds of hours of paperwork that state employees will have to put in complying with federal mandates.

Among them is the requirement that the top official of the DMV and the state Attorney General confirm that their state jumps through all the hoops in federal law. Maybe Oklahoma’s Attorney General, Scott Pruitt (R), thinks his office’s time is well spent on pushing paper for the federal government, but it’s more likely that he wants to be enforcing Oklahoma laws that protect Oklahomans.

REAL ID-compliant states have to recertify to the DHS every three years that they meet DHS’s standards. DHS can and will change these standards, of course. DHS officials get to inspect state facilities and interview state employees and contractors. DHS can issue corrective demands and require the states to follow them before recertification.

It’s all unremarkable—if you’re sanguine about taxpayer dollars burned on bureaucracy, and if you think that states are just administrative arms of the federal government. But if you think of states as constitutionally independent sovereigns, you recognize that this document is out of whack. States do not exist to play second fiddle in bureaucrat-on-bureaucrat bureaucracy.

Whether or not we have a national ID matters. The constitutional design of government matters, including, one hopes, to people in Oklahoma and other states across that land. State officials who are conscious of these things should reject this paperwork and these mandates. If the federal government wants a national ID, the federal government should implement it itself.

Arctic Sea Ice Loss Not Leading to Colder Winters

Global Science Report is a feature from the Center for the Study of Science, where we highlight one or two important new items in the scientific literature or the popular media. For broader and more technical perspectives, consult our monthly “Current Wisdom.”

Although it’s a favorite headline as people shiver during the coldest parts of the winter, global warming is almost assuredly not behind your suffering (the “warming” part of global warming should have clued you in on this).

But, some folks steadfastly prefer the point of view that all bad weather is caused by climate change.

Consider White House Office of Science and Technology Policy (OSTP) head John Holdren. During the depth of the January 2014 cold outbreak (and the height of the misery) that made “polar vortex” a household name, OSTP released a video featuring Holdren telling us that “the kind of extreme cold being experienced by much of the United States as we speak, is a pattern that we can expect to see with increasing frequency as global warming continues.” 

At the time we said “not so fast,” pointing out that there were as many (if not more) findings in the scientific literature that suggested that either a) no relationship exists between global warming and the weather patterns giving rise to mid-latitude cold outbreaks, or b) the opposite is the case (global warming should lead to fewer and milder cold air outbreaks).

The Competitive Enterprise Institute even went as far as to request a formal correction from the White House. The White House responded by saying that the video represented only Holdren’s “personal opinion” and thus no correction was necessary. CEI filed a FOIA request, and after some hemming and hawing, the White House OSTP finally, after a half-hearted search, produced some documents. Unhappy with this outcome, CEI challenged the effort and just this past Monday, a federal court, questioning whether the OSTP acted in “good faith,” granted CEI’s request for discovery.

In the meantime, the scientific literature on this issue continues to accumulate. When a study finds a link between human-caused global warming and winter misery, it makes headlines somewhere. When it doesn’t, that somewhere is usually reduced to here.

CIS Exaggerates the Cost of Immigrant Welfare Use

Yesterday the Center for Immigration Studies (CIS) published a report authored by Jason Richwine on the welfare cost of immigration. The CIS headline result, that immigrant-headed households consume more welfare than natives, lacks any kind of reasonable statistical controls.  To CIS’s credit, they do include tables with proper controls buried in their report and its appendix.  Those tables with proper controls undermine many of their headline findings.  In the first section, I will discuss how CIS’ buried results undermine their own headline findings.  In the next section, I will explain some of the other problems with their results and headline findings. 

CIS’s Other Results

The extended tables in the CIS report paint a far more nuanced picture of immigrant welfare use than they advertised.  To sum up the more detailed findings:

“In the no-control scenario, immigrant households cost $1,803 more than native households, which is consistent with Table 2 above. The second row shows that the immigrant-native difference becomes larger — up to $2,323 — when we control for the presence of a worker in the household. The difference then becomes gradually smaller as controls are added for education and number of children. The fourth row shows that immigrant households with the same worker status, education, and number of children as native households cost just $309 more, which is a statistically insignificant difference. The fifth row shows that immigrants use fewer welfare dollars when they are compared to natives of the same race as well as worker status, education, and number of children.” [emphasis added]

All of the tables I reference below are located in CIS’s report.   

Winners and Losers from the FDA’s Vaping and Cigar Crackdown

In the Food and Drug Administration’s crackdown on what is now a thriving market for vaping products (nicotine and flavorings delivered without tobacco through a vaporizing device), Trevor Burrus has identified one group that is likely to emerge as winners from the regulations, namely large tobacco companies, which have lost many smoking customers to the vaping market without being notably successful at playing in it themselves. Another set of winners? Governments whose treasuries are enriched by conventional cigarette sales. Under the 1998 tobacco settlement, which I and others at Cato have criticized at length, a large chunk of revenue from these conventional sales goes to state governments. But this revenue source has been eroded badly as smokers switch to vaping, a trend the new rules are well calculated to slow or reverse.

What the American Experience Suggests for Brexit

A few years ago President Barack Obama urged members of the European Union to admit Turkey. Now he wants the United Kingdom to stay in the EU. Even when the U.S. isn’t a member of the club the president has an opinion on who should be included

Should the British people vote for or against the EU? But Britons might learn from America’s experience.

What began as the Common Market was a clear positive for European peoples. It created what the name implied, a large free trade zone, promoting commerce among its members. Unfortunately, however, in recent years the EU has become more concerned about regulating than expanding commerce.

We see much the same process in America. The surge in the regulatory Leviathan has been particularly marked under the Obama administration. Moreover, the EU exacerbated the problem by creating the Euro, which unified monetary systems without a common continental budget. The UK stayed out, but most EU members joined the currency union.

A Monetary Policy Primer, Part 3: The Price Level

Few people would, I think, take exception to the claim that, in a well-functioning monetary system, the quantity of money supplied should seldom differ, and should never differ very much, from the quantity demanded.  What’s controversial isn’t that claim itself, but the suggestion that it supplies a reason for preferring some path of money supply adjustments over others, or some monetary arrangements over others.

Why the controversy?  As we saw in the last installment, the demand for money ultimately consists, not of a demand for any particular number of money units, but of a demand for a particular amount of monetary purchasing power.  Whatever amount of purchasing X units of money might accomplish, when the general level of prices given by P, ½X units might accomplish equally well, were the level of prices ½P.  It follows that changes in the general level of prices might, in theory at least, serve just as well as changes in the available quantity of money units as a means for keeping the quantity of money supplied in line with the quantity demanded.

But then it follows as well that, if our world is one in which prices are “perfectly flexible,” meaning that they always adjust instantly to a level that eliminates any monetary shortage or surplus, any pattern of money supply changes will avoid money supply-demand discrepancies, or “monetary disequilibrium,” as well as any other.  The goal of avoiding bouts of monetary disequilibrium would in that case supply no grounds for preferring one monetary system or policy over another, or for preferring a stable level of spending over an unstable level.  Any such preference would instead have to be justified on other grounds.

So, a decision: we can either adopt the view that prices are indeed perfectly flexible, and proceed to ponder why, despite that view, we might prefer some monetary arrangements to others; or we can subscribe to the view that prices are generally not perfectly flexible, and then proceed to assess alternative monetary arrangements according to their capacity to avoid a non-trivial risk of monetary disequilibrium.

Uber and Lyft Leave Austin Over Fingerprint Requirement

The ridesharing companies Uber and Lyft have withdrawn from Austin, Texas after voters there failed to pass Proposition 1, which would have repealed regulations requiring Uber and Lyft to include fingerprints as part of their driver background checks. This is a disappointing result, especially given that fingerprinting is, despite its sexy portrayal in forensic TV shows, not a perfect background check process and needlessly burdens rideshare companies.

Austin’s ordinances require rideshare companies to implement fingerprints as part of their background check system by February 2017. Under the rules the fingerprints would be submitted to the Texas Department of Public Safety, which would then send the records to the Federal Bureau of Investigation (FBI). As I pointed out in my Cato paper on ridesharing safety, the FBI fingerprint data are hardly comprehensive: 

Some have faulted Uber and Lyft for not including fingerprint scans as part of their background checks. However, fingerprint databases do not contain a full case history of the individual being investigated, and in some instances an FBI fingerprint check may unfairly prevent a qualified taxicab driver applicant from being approved. The FBI fingerprint database relies on reporting from police departments, and other local sources, as well as other federal departments and is not a complete collection of fingerprints in the United States.

Critics of the FBI fingerprint database point to its incomplete or inaccurate information. In July 2013 the National Employment Law Project (NELP) released a study on the FBI’s employment background checks and found that “FBI records are routinely flawed.” Also, while law enforcement agencies are diligent when it comes to adding fingerprint data of arrested or detained persons to the federal data, they are “far less vigilant about submitting the follow-up information on the disposition or final outcome of the arrest.”

This lack of vigilance is significant because, as the NELP study goes on to point out, “About one-third of felony arrests never lead to a conviction. Furthermore, of those initially charged with a felony offense and later convicted, nearly 30 percent were convicted of a different offense than the one for which they were originally charged, often a lesser misdemeanor conviction. In addition to cases where individuals are initially overcharged and later convicted of lesser offenses, other cases are overturned on appeal, expunged, or otherwise resolved in favor of the worker without ever being reflected on the FBI rap sheet.”