Category Archives: Government Incompetence

“Bad” or “Wrong” or “I don’t like it” is not equivalent to “Unconstitutional”

In a comment on someone elses post, another reader wrote “The DEA is an unconstitutional and illegal agency”.

This bugs me… We frequently see these sorts of statements made about the DEA, the ATF, the federal reserve (where ok, there’s at least a rational and reasonable though flawed argument to be made… most of the people shouting stuff like that above aren’t making those arguments, but still)… Basically any federal agency that they don’t like, or which enforces laws, or uses delegated powers which they personally don’t like.

No, the mere existence of the DEA is not unconstitutional or illegal. It is perfectly constitutional in that it is an executive agency chartered to enforce the laws promulgated by the legislative branch.

The fact that the federal government has no constitutional authority to outright ban or criminalize such substances as the DEA is chartered to regulate, or to ban or criminalize their manufacture, use, or possession (and only limited power to regulate their sale. No, sorry, regulating interstate commerce and making such laws as necessary for the general welfare does not grant them such broad and deterministic powers… and Wickard v. Filburn is bad law and needs to be overturned), does not mean that all laws relating to such substances are illegal or unconstitutional. There are legitimate regulatory powers that such an agency may lawfully and constitutionally exercise.

AS CURRENTLY EXTANT AND IN THEIR CURRENT ROLES AND ACTIONS… The DEA often engages in unconstitutional behaviors, and acts to enforce unconstitutional laws. That much is certainly true. But they are not inherently unconstitutional, or illegal.

Those are actually really important distinctions. Not just semantics or distinctions without difference.

This is so, because you go about addressing the issues, and solving the problems, differently. Things which are blatantly and directly illegal or unconstitutional are best addressed in one way. Things which are peripherally so, are best addressed in a very different way.

You have to shoot at the proper target, with the proper ammunition.

Also, it’s really important to remember, that “bad and stupid” or “harmful” or “undesirable”, or “pointless”; does not necessarily mean “unconstitutional”. Nor does “constitutional” mean “good”, or “useful” or “effective”.

That’s not even a matter of judges discretion or interpretation… The constitution actually provides far less protection of rights, and limitation of powers, than people believe it, expect it, and wish it to (at least explicitly… the 9th and 10th amendments… there’s much bigger and messier issue).

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Windowpanes, Pencils, and Paperclips

A few days ago I wrote something on facebook that bears repeating here:

A comprehensive understanding of the pencil problem, combined with a thorough understanding of the broken window fallacy (and its inputs and corollaries… Hazlitt for example), makes a pretty good inoculant against socioeconomic lies and stupidities.

Although they are implied by the conditions above, perhaps one should also specifically reference the scale and complexity problems, the perfect information fallacy, the perfect man fallacy, and the law of unintended consequences…

Some of our readers may be unfamiliar with the pencil problem.

In comments, the novelist Ryk Spoor provided a decent explanation, which I’m going to paraphrase here, with my own edits and revisions (and the addition of the last bit, about planning and control):

No one man, can make a pencil, or at least a pencil which could be sold economically.
In general terms, the pencil problem, is that even simplest and most common objects in our civilization generally require an immense number of people and inputs; to not merely build, but manufacture and sell in sufficient numbers, to make it worthwhile to build them cheaply (or at least so that they can be sold economically).

The applies to everything from cars and computers, to pencils, to paperclips.

If you wanted ONE paperclip, it would be an epic undertaking, from locating the appropriate ores, refining them, turning them into steel, figuring out how to draw the steel into the appropriate size of wire, and then finally producing the paperclip from that wire. The amount of effort involved in it would be months of your labor, assuming you had the talent and resources to do it at all.

Instead, you go to a store and buy a 100ct box of them for a dollar; or even at minimum wage, a few minutes of your time for a hundred of the things.

Multiply that by all the different types of goods and services in a modern civilized society, and it starts to become clear just how many people, in how many different specialties, with how much infrastructure, are needed to keep everything running.

Given that scale and complexity, it should also be clear how impossible it would be to plan, control, and manage, anything approaching a national economy or infrastructure centrally; or in fact in any way other than as devolved and decentralized as possible.

The original statement of the problem in this way came from an essay by Milton Friedman (which was a restatement of an earlier essay, “I, Pencil” from Leonard Read, which was a restatement of Hazlitt, which was a restatement of Bastiat and back down the chain).

A video of Friedman explaining the problem:

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Ebola: A Consequence Of Austerity?

Kevin Drum, today, on how “slashing” funding for the NIH has resulted in us not having an Ebola vaccine:

What’s more, even without a vaccine we’d probably be better prepared to react to the Ebola outbreak if we hadn’t spent the past decade steadily slashing funding for public health emergencies. The chart on the right, from Scientific American, tells the story.

There are consequences for budget cuts. Right now we’re living through one of them.

Hey, my fellow Libertarians… We won! We trimmed government to the point where it could be strangled in a bathtub. Taxes are low. Regulation is minimal. Government spending is back at pre-WWI levels. We did it, and now we’re going to have to live without the nanny that we slaughtered. [sadface]

Oh, wait. No, that didn’t happen.

Government has grown by 59% in inflation-adjusted dollars since 1999. It’s grown from 17.6% of GDP to over 21% in the same time.

Clearly, we’re not at a loss for a vaccine because government wasn’t spending money. And whether you’re on the Left, the Right, or even a Libertarian, one can make quite a strong argument that research into cures or treatments for epidemic-level diseases may be a “public good”. It is quite true that shareholders for pharmaceutical companies find a lot more value in helping middle-aged men get erections than staving off the next extinction-level-event*. This sort of pure healthcare research is exactly the sort of thing that the market doesn’t do well, and has such widespread benefit to society overall to be worth it.

So. If we can agree that government’s spending a lot more money in inflation-adjusted dollars, and we can agree that both sides of the aisle view this sort of research as a true public good, worthy of public investment, why is its budget getting slashed?

Simple: science spending doesn’t buy votes.

The truth is that the government has plenty of money. They spend plenty of money. Even beyond this, a lack of money has never been a barrier to them spending money, whether they have to borrow it, or print it, or have the fed print it so they can borrow it from themselves. If something is important to politicians, they’ll find a way to funnel money to it.

In fact, the problem is similar to that of many government programs. They’ll find money for sexy new things like rail line extensions, but suddenly are broke when it comes to maintaining the lines they already have. Oh, and the lack of maintenance mentioned in that story cost more lives than Ebola has in the US.

Apparently the war in Iraq was worth $1T. The stimulus was worth $787B. Obamacare (Apr ’14 CBO estimates) will cost $1.383T over the 2015-2024 period.

Compare that to the NIH, which costs ~$30B/year.

It’s not a question of spending. It’s a question of priorities. Incremental scientific advancements to third-world diseases are important, and worthy of funding. But very few politicians will get credit for voting for that funding, so they let the NIH wither on the vine while they spend money on “important” things. That is the libertarian critique: the NIH could have been fully funded if the government wasn’t distracted–as they always are–by anything shiny.

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One Out of 25 Prisoners on Death Row is Innocent

Benjamin Franklin once argued: “It is better 100 guilty persons should escape than that one innocent person should suffer.” The purpose of courts as drafted in the Constitution was to minimize the occurrences innocent people from “suffering” via an adversarial system in which the accused is considered innocent until proven guilty to a jury of his or her peers.

Regardless of these lofty goals, the question must be asked: how well has this system worked?

If the standard is that of Franklin’s (i.e. less than 1%), then the idea that a rate of 1 in 25 death row convicts are likely innocent is clearly unacceptable. According to a study by the National Academy of Sciences, to the best the researchers were able to determine, this about what the rate is.

Pete Yost for the Associated Press reports:

From 1973 to 2004, 1.6 percent of those sentenced to death in the U.S. — 138 prisoners — were exonerated and released because of innocence.

But the great majority of innocent people who are sentenced to death are never identified and freed, says professor Samuel Gross of the University of Michigan Law School, the study’s lead author.

The difficulty in identifying innocent inmates stems from the fact that more than 60 percent of prisoners in death penalty cases ultimately are removed from death row and resentenced to life imprisonment. Once that happens, their cases no longer receive the exhaustive reviews that the legal system provides for those on death row.
[…]
Because of various assumptions, it might be best to use the margin of error in the study and say the innocence rate is probably between 2.8 percent and 5.2 percent, said University of South Carolina statistics professor John Grego, who wasn’t part of the study.
[…]
“The high rate of exoneration among death-sentenced defendants appears to be driven by the threat of execution,” says the study. “But most death-sentenced defendants are removed from death row and resentenced to life imprisonment, after which the likelihood of exoneration drops sharply.” The study estimates that if all defendants sentenced to death remained in that status, “at least 4.1 percent would be exonerated. We conclude that this is a conservative estimate of the proportion of false conviction among death sentences in the United States.”

I have to say that, even as a fierce opponent of the death penalty, I would have never guessed the number of innocent individuals on death row to be this high. I was horrified by the notion that 1 in 100 or even 1 in 1,000 such individuals could be killed by the state, but 1 in 25?

This brings me to my question for those who support state sanctioned killing: is this an acceptable error rate to you? How many innocent people are we willing to sacrifice in order to kill the most heinous of individuals? Based on this study, the current policy is that we are apparently at peace with the idea of killing 4 innocent people to kill 96 guilty.

This is a price that a free and just country should be unwilling to pay.

Facts Are Stubborn Things, Mr. Reid

Every individual who has told the press that they have had a bad experience with ObamaCare is either lying or are too stupid to know how to use the Internet. This is the latest line by Senate Majority Leader Harry Reid (D-NV), anyway. Perhaps it’s these kinds of accusations that gave one Colorado woman the presence of mind to record her phone call with the “Connect for Health Colorado” navigator due to her own problems with the website.

Rebecca Ryan of Fort Collins has a preexisting condition but until recently, she was covered by a different government healthcare plan called “Cover Colorado.” The reason for changing her plan? As it turns Cover Colorado did not meet the requirements of ObamaCare and some 14,000 plans were canceled as a result. Rebecca liked her healthcare plan but wasn’t able to keep it. Sen. Reid wants Americans to believe Rebecca is lying about this “horror story” but this is only the beginning of Rebecca’s experience so far with ObamaCare.

As it turned out, Rebecca could save $15 a month with the new plan with one little caveat: she would lose her doctor whom she has received care from for the last 9 years. If, however; Rebecca wants to keep seeing this doctor she can do so if she is willing to pay an additional $140 a month:

Rebecca: So, the lowest monthly premium is, um, way higher than I was paying before and I thought this was supposed to be lower.

Rep: Now this could be way higher if it’s a doctor, if you have a doctor that’s (??) in there. So, often, if you have a doctor that you work with, you can be picking plans that are higher, if that doctor is a more specialized doctor.

Rebecca: She’s just a general family doctor. She’s not specialized.

A few minutes later, Rebecca was looking for dental coverage but was having some trouble with the website. The navigator explained that she needed to remove the filters Rebecca had in place for her doctor (stupid citizen!):

Rebecca: Do I have to go through the whole filter thing again?

Rep: Is your doctor listed when you hit ‘Find a Dental Plan’?

Rebecca: I don’t know why she would be. She’s not a dentist.

Rep: But she was put in as a provider? (pause)

Rebecca: Ok, my hospital was listed too, so I removed them both [as search filters]. However, what if I want to keep her? I’ve been with her a long time, and I don’t want a different doctor.

Rep: If you want to keep her then you’re looking to pay the 515 dollars a month.

Rebecca: So they’re going to penalize me because I want to keep my doctor?

Rep: Yes.

There you have it Mr. Reid. One individual whose experience is that 1. she lost the healthcare plan she liked, 2. can keep her doctor if she wants to pay a higher price, and 3. had some difficulty with the website (I’ll leave it to the readers and you to decide if its the fault of Rebecca or the website).

And lest you believe, Mr. Reid; that Rebecca, the original reporter on this story, or I have taken this call out of context, please feel free to listen to the entire 24 minute conversation in the player below.

You see Mr. Reid, no amount of smearing of the groups which oppose ObamaCare, no amount of calling people liars, and no amount of repeating “billionaire Koch brothers” can change the objective fact that some people are now worse off than before ObamaCare. Perhaps many others will also record these phone calls to expose your lies. I’m quite confident that Rebecca Ryan of Fort Collins, Colorado is but one person being hurt by this boondoggle.

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