In Trump's Alphabet, "F" Is for Protectionism

The President wants to put another “F” in NAFTA. The morning he met with American motorcycle maker Harley-Davidson, Mr. Trump said, as the cameras rolled, "I want to change it. And maybe we do it – maybe we do a new NAFTA and we put an extra "F" in the term NAFTA. You know what the "F" is for, right? Free and fair trade – not just free trade; free and fair trade, because it's very unfair."

The President then told the tall tale about Harley-Davidson almost going out of business because foreign competitors were dumping their cycles in the US and Harley couldn’t compete. President Reagan stepped in, put a tariff on foreign cycles, and saved the domestic manufacturer, Trump said.


Even Lefty
Lawrence O’Donnell on MSNBC knows Harley was ready to go under due to making bad products back in the 70s and 80s as the lone domestic manufacturer. O’Donnell, himself a rider, told his audience, “You had to be a mechanic to own a Harley; to even get one started.”

Reagan did impose a tariff, Harley did turn around, and, in fact, requested the tariff be lifted a year early. However, the company’s rebound was not due to Reagan’s use of government force – foreign competitors designed around the tariff restrictions – but rather the company’s choice to make a better product more efficiently.


Barnaby J. Feder wrote in the
New York Times in 1987,
Harley introduced practices such as just-in-time manufacturing, in which parts are made only when needed, and statistical process control of operations, which catches production errors before they have become embedded in products. The company raised the percentage of motorcycles leaving its production lines without defects from about 50 percent to more than 98 percent and became a mecca for engineers from other industries.
At the same time, Harley redesigned many of the parts in its cycles without changing its basic design. The changes rid the products of such defects as bone-jarring vibration.

Today, O’Donnell owns a Harley and wouldn’t buy anything else, because the company learned how to make good bikes by studying foreign competitors.


Meanwhile, Trump wants to protect domestic manufacturers – with the inevitable result of American consumers forced to purchase inferior products for higher prices to save a few jobs in the US.

In its present form, NAFTA is anything but free trade. “In the first place, genuine free trade doesn’t require a treaty,”
wrote Murray Rothbard. “If the establishment truly wants free trade, all it has to do is to repeal our numerous tariffs, import quotas, anti-"dumping" laws, and other American-imposed restrictions on trade. No foreign policy or foreign maneuvering is needed.”


“I’m a free trader,” Trump
said back in June 2015. But since then, as hardhats have lined up behind him, he’s said the US needs “fair trade, not free trade.” America imports nearly $800 billion more in goods than it exports, and that is a “politician-made disaster,” he claims, adding, “It is the consequence of a leadership class that worships globalism over Americanism.”

However, what Trump sees as a disaster,
Rothbard views as not only not a problem but as a great thing. “Foreigners are providing cheap imports, making the dollar stronger,” Rothbard pointed out, “which is terrific.” It’s no different than a trade deficit between Las Vegas and Los Angeles. Who cares?

The trade barriers Trump is proposing, in the
words of Milton Friedman, “benefit a few, at the expense of many.” True free trade “benefits many at the expense of a few.” Friedman pointed out that what’s known as a “favorable” balance of trade is actually “unfavorable”: getting more goods in and sending fewer out is a good thing, not a bad thing.

If it is Trump’s intent to do away with NAFTA in its entirety and replace it with nothing, that would be fantastic. After all, NAFTA is, in Rothbard’s words, more than a trade deal.

It is part of a very long campaign to integrate and cartelize government in order to entrench the interventionist mixed economy. In the United States, this has taken the form of transferring legislative and judicial authority away from the states and localities to the executive branch of the federal government. NAFTA negotiations have pushed the envelope by centralizing government power continent-wide, thus further diminishing the ability of taxpayers to hinder the actions of their rulers.
But Trump’s fair trade is not trade benefiting consumers and producers alike. It is protectionism, which “is out to mulct all of us for the benefit of a specially privileged, subsidized few – and an inefficient few at that: people who cannot make it in a free and unhampered market,” Rothbard wrote in Making Economic Sense.

We can only hope foreign producers dump their products in the US. If Mr. Trump is as smart as he claims to be, he surely understands that more dumping means more prosperity.

Douglas French
Douglas French
Douglas French is an Associated Scholar at the Johnson Center at Troy University and adjunct professor at Georgia Military College. He is the author of three books: Early Speculative Bubbles and Increases in the Supply of Money, Walk Away, and The Failure of Common Knowledge.
This article was originally published on FEE.org. Read the original article.

When the Nation Trumps the Individual

Donald Trump has hardly taken his hand off the Bible upon which he took the presidential oath to preserve, protect and defend the U.S. Constitution, and he has already begun to radically and rapidly transform the direction of the American government. Taking up Barack Obama’s pen, he has signed a series of executive orders. Several of them demarcate the underlying premises and principles guiding much of his policy decision-making: political and economic nationalism.

One of these executive orders declared that the United States was formally withdrawing from any intention of participating in the Trans-Pacific Partnership (TPP), which had the stated purpose of reducing trade barriers among 12 countries, while specifying a variety of requirements for the member nations to fulfill as part of the agreement.


Another executive order called for expediting the approval and construction of the Keystone and Dakota Access Pipelines, to enable the transportation of crude oil from Canada to refinery facilities closer to the Gulf coast.


Still another one authorized the building of his promised “Wall” along the U.S.-Mexican border, along with additional personnel to be hired for border security, and eliminating federal money to “sanctuary cities” protecting illegal immigrants.


And most recently, there has been his executive order that places a temporary hold on refugees arriving in the United States from a series of seven countries declared to be security risks to the safety of the American citizenry. This latest executive order has set off an especial firestorm of controversy and opposition.


The Meaning of Economic Nationalism


What they all have in common is a devotion to a conscious ideology of political and economic nationalism. How may we define political and economic nationalism? We might, perhaps, use a definition offered by the Swiss classical liberal and free market economist William E. Rappard, from his 1937 essay on “Economic Nationalism”
that was written at the time between the two World Wars when an aggressive nationalist creed was endemic around most of the world. Rappard said:

“Nationalism, then, is the doctrine which places the nation at the top of the scale of political values, that is above three rival values of the individual, of regional units and the international community . . . 
“If we wish to define economic nationalism by its underlying purpose, we should say that it was a doctrine destined to serve the nation by making it not richer, but freer, by promoting not its material welfare, but its independence of foreign influences. Economic nationalism is the policy of national self-sufficiency . . . 
“First, economic nationalism seeks to limit the nation’s consumption to those goods which are the fruits of its own soil and labor . . . Secondly, economic nationalism seeks to promote the domestic production of all those commodities for which the national needs are imperative . . . Thirdly, when these efforts also prove vain . . . economic nationalism is apt to raise the cry for more space, that is for annexation of neighboring or colonial territories . . .
“As no measure of restriction of imports, of stimulation of home products, and territorial expansion, can possibly make any state entirely self-sufficient under modern conditions, economic nationalism seeks, fourthly, to secure a positive balance of trade . . . It is here that the policy becomes internally self-contradictory. It is here also that rival economic nationalisms must necessarily clash.
“In order to secure for itself a favorable balance of payments, a state dominated by this doctrine must inevitably seek to inflict on its neighbors the very treatment against which it seeks to protect itself. If all countries endeavor to develop their exports while restricting their imports, to attract capital and foreign tourists, while prohibiting external loans and discouraging travel abroad, to expand their shipping, banking, and insurance services beyond their frontiers while monopolizing them at home, general failure, strife, and chaos cannot fail to be the result.”
And inescapable in such a drive for political and economic nationalism, William Rappard emphasized, was “the subordination of the individual to the state.”

Now certainly the world in which we live today is fortunately not suffering, as yet, from the dire nationalist circumstances of the 1930s, when Rappard was offering his definition of economic nationalism in the context of the hyper-collectivist epoch in which he was living at that time.


Trump’s Fallacies and Ignorance on Foreign Trade


Yet, the same dangers can be seen in Donald Trump’s worldview toward domestic and foreign affairs. The essence of this perspective is that international interactions occur in a zero-sum world.


This comes out clearly in his rhetoric about how America has been taken advantage of in its trade deals and dealings with other nations. Whether it be the North American Free Trade Agreement (NAFTA) or the proposed TPP agreement, in Trump’s mind other nations are “destroying” American manufacturing, “stealing” American jobs, “weakening” American standards of living, and “taking advantage” of America’s openness to trade, investment, and migration.


It is also seen in his insistence that any balance of trade deficit suffered in its trade relationships with other countries is a demonstration of America’s loss for the benefit of other nations. Thus, the United States must enter into bilateral, politically negotiated trade deals with each and every other country to balance America’s trade ledger book with them. This is not only a throwback to the mercantilist ideas of the past, but one of the crudest versions that fails to think of even looking at the overall ledger book rather than a country’s balance of trade with each separate country. Not even the mercantilists of the seventeenth century were that economically illiterate!


Manipulating the Business Climate for “National Greatness”


Many conservatives and some libertarians have hailed Trump’s decision to allow the Keystone pipeline to go forward or his promise to reduce the tax and regulatory burdens on American businesses. But the question is, why is he implementing or proposing to introduce these economic policy changes? Is it because he believes that government, as a matter of principle, should leave individuals free to make their own decisions in their personal lives as well as in the competitive marketplace?

Clearly this is not the case. Exhibit A: phone calls and meetings with corporate executives before and after assuming the presidency in which he called for them to keep their manufacturing facilities in the United States, insisting that they should focus on creating more jobs in America for American workers, and threatening heavy fiscal penalties for any private enterprise that attempts to move out of the United States and reimport goods produced outside of the country.



 Trump’s vision is not that of individual freedom and economic liberty. No, it is the collectivist ideal of restored “national greatness” for which all Americans should participate and for which all Americans will be made to conform, if necessary, through the fiscal and regulatory hand of the government.


Trump’s desire for the Keystone Pipeline to be constructed is for America to be “energy independent.” Corporate taxes are to be lowered and regulations reduced so business will have more a flexibility and financial capacity to invest in America and create “good jobs” for Americans. To the extent to which businesses keep more of their revenues and have reduced regulatory hurdles to overcome, these are means to the end of restoring that American greatness.


If tomorrow Trump decided that “making America great again” necessitated new and different regulations or new and different fiscal burdens on businesses and the American consuming public, then for their own collective national good, individuals would have to bear the regulatory and tax burdens.


Sacrificing American Consumers and Taxpayers for “the Wall”


This is clear from Trump’s executive order concerning the building of “the Wall” on the Mexican border and how it will be paid for.  In his mind, cultural and social dangers and depravities are coming over the border from Mexico, from which he must protect the American people.


For all his talk about making Mexico pay for its construction, the fact is the American taxpayers will pay for the Wall. They are the ones who will have to be taxed, either through taxes in the present or taxes in the future when borrowed dollars (plus interest) will have to be paid back for its expense. The proposal to impose a 20 percent import tax on Mexican goods entering the U.S. does not change that outcome. Import taxes add to the cost of bringing those goods to American markets and will be reflected in higher prices paid by American consumers, plus a likely reduction in the quantities and qualities of Mexican-made goods that then will be profitable to import into the United States. The interests and desires of individual American consumers and import businesses will have to be sacrificed for the higher good of restored national greatness.


Individuals Sacrificed on the Altar of “National Safety”


The latest furor over the new restrictions on refugees or immigrants from a variety of Muslim countries bears the same mark of national collectivism. If individuals from some Muslim countries already possessing permission to enter the United States are denied that entry, well, their needs must be sacrificed to the national interests of America.

If some American enterprises find it difficult to employ or retain the employment of talented and qualified foreign workers, say in the tech-industry, well then, their innovative and competitive edge must be foregone for the common good of the nation as a whole. In addition, and as a part of this, if more calmer and deliberative practices of the rule of law, as well as a sense of common decency toward those who have borne difficult hardships in their home countries abroad, must be bent or set aside based on Donald Trump’s conception of “national safety,” that, too, is part of the price of restored national greatness.


But, surely, we have not descended so far into that older aggressive form of political and economic nationalism under which America would seize the territory of other countries in the name of national interest or economic self-sufficiency, would we? It was Donald Trump who said that having invaded Iraq and overthrown Saddam Hussein, the United States should have “kept” that country’s oil fields to prevent “enemies” from using them and as a means of keeping America energy independent as payment for our liberation of that land. The logic follows from the premise.


A dark time is threatening America given the Trumpian vision of political and economic nationalism at the expense of individual liberty, private property rights, rule of law and constitutionally limited government.

Richard M. Ebeling
Richard M. Ebeling
Richard M. Ebeling is BB&T Distinguished Professor of Ethics and Free Enterprise Leadership at The Citadel in Charleston, South Carolina. He was president of the Foundation for Economic Education (FEE) from 2003 to 2008.
This article was originally published on FEE.org. Read the original article.

Highway Robbery Gets Presidential Seal of Approval

Donald Trump is going after one of the few issues proven to be a unifier across party lines: civil asset forfeiture.

This legal tool allows law enforcement to seize money and physical property from those merely suspected of criminal behavior. Unfortunately, there is no conviction requirement, meaning confiscation can occur
before suspects have been given the opportunity to defend themselves in court. 

After 2016 saw several state victories reining in the practice, the Obama Administration reinstated the program on the federal level. The federal Equitable Sharing Program, which had briefly been paused due to budget constraints, provided local law enforcement with a loophole, which allowed them to continue the practice so long as they shared their spoils with the feds.


President Trump made some egregious comments on the matter while addressing a room full of Texas police officers on Tuesday, effectively destroying any hope that his administration will be better on this issue than President Obama. In fact, the situation may very well become worse.


The nomination of Jeff Sessions to the office of Attorney General has made many criminal justice advocates nervous, as he has a long history of justifying the practice of policing for profit. On Tuesday, Trump confirmed these fears when he threw his support behind the controversial practice, saying that he saw  "no reason" to restrict law enforcement's use of civil asset forfeiture.


Ignoring the substantive concerns over the practices' disregard for due process, Trump even threatened to "destroy the career" of libertarian-leaning Texas legislator Konni Burton for her outspoken opposition to the practice, a comment met with approving laughter from the law enforcement officials in attendance.


Unfortunately, the issue is not as clear-cut as Trump would like to believe. Civil asset forfeiture has arguably done more to destroy the lives of innocent people than it has to help catch those actually guilty of criminal acts.


A Systematic Problem


Since there are few restrictions to the practice, it has frequently been used against those who were merely in the wrong place at the wrong time and were not, in fact, engaging in criminal behavior.

In 2013, for example, a Peruvian pastor had $14,000 seized during a routine traffic stop. Traveling to a church event, Pastor Marco Silva, a citizen of Peru but legally present in the United States, was pulled over for “failure to signal a lane change.” The money, which was supposed to be donated to a Peruvian orphanage, was seized by law enforcement.


While Trump claims that any politician opposed to this practice would "get beat up really badly by the voters," he clearly doesn't understand the impact civil asset forfeiture has had on everyday people.

Without first having to prove guilt, asset forfeiture is ripe for abuse. Worse still, law enforcement is incentivized to continue this practice since they are allowed to keep a portion of the confiscated cash or property.

One family, who had their entire house ransacked after falsely being accused of breaking drug laws, not only had their belongings destroyed, but important legal documents, including adoption papers, were also confiscated and subsequently lost in the process.


This is because with civil asset forfeiture, it is technically the property, and not the individual that is being prosecuted. This makes it extremely difficult for individuals to regain control over their belongings. Those who are able to afford the extravagant legal fees are often forced to settle for only a portion of their property returned, while some are forced to forfeit their property forever.


The Road Ahead


The abuse of civil asset forfeiture has become so widespread, it has created unlikely alliances in Congress between Republicans and Democrats.

In an era when the country finds itself more divided than ever, Trump would be wise to cease his support of an issue that has negatively impacted so many Americans.


Instead, Trump has fallen victim to the same fear mongering used to convince people that a repeal of asset forfeiture would result in terrorist attacks or a cartel takeover.


While Trump was discussing the issue with Texas law enforcement earlier this week, Rockwall County Sheriff, Harold Eavenson, called out another Texas lawmaker who, like Burton, is committed to passing legislation restricting the process. "I told him the cartel would build a monument to him in Mexico if he could get that legislation passed,” Eavenson told Trump. President Trump distastefully responded, by saying, "you want to give us his name? We'll destroy his career."


As the room once again erupted in laughter, it became painstakingly clear that under the Trump Administration, the road to criminal justice reform will be an uphill battle.

Brittany Hunter
Brittany Hunter
Brittany Hunter is an associate editor at FEE.
This article was originally published on FEE.org. Read the original article.

The Crazy, Convoluted, Wacky, Unworkable System of Obamacare

Consider this news item:
MIAMI, FL - NOVEMBER 02: Martha Lucia (L) sits with Rudy Figueroa, an insurance agent from Sunshine Life and Health Advisors, as she picks an insurance plan available in the third year of the Affordable Care Act at a store setup in the Mall of the Americas on November 2, 2015 in Miami, Florida. Open Enrollment began yesterday for people to sign up for a 2016 insurance plan through the Affordable Care Act. (Photo by Joe Raedle/Getty Images)
In opeds at Time and National Review Online, I discuss how ObamaCare’s health-insurance Exchange has collapsed in Pinal County, Arizona, throwing some 10,000 residents out of their ObamaCare plans. Charles Gaba of ACASignUps.net and Cynthia Cox of the Kaiser Family Foundation asked me to explain a claim I make in the NRO piece:

Obamacare will still penalize those residents if they don’t buy coverage — even if the amount they must pay increases tenfold or more.


Before I explain, let me first apologize on behalf of the Affordable Care Act’s authors for the complicated mess that follows.


A Complete Mess


ObamaCare’s individual mandate penalizes taxpayers who fail to purchase health insurance. But there are so many exemptions that of the 33 million or so people who lacked insurance in 2014, the IRS levied the penalty against only 6.6 million tax filers (which actually represents a larger number, maybe 17 million people).


For example, the Affordable Care Act exempts “individuals who cannot afford coverage” from the penalty. You qualify for this exemption if your “required contribution” exceeds roughly 8.13 percent of your household income. For individuals who don’t have access to a suitable employer plan, the “required contribution” is equal to “the annual premium for the lowest cost bronze plan available in the individual market through the Exchange in the State in the rating area in which the individual resides,” minus “the amount of the credit allowable under section 36B for the taxable year (determined as if the individual was covered by a qualified health plan offered through the Exchange for the entire taxable year).”


In other words, if you would have to pay more than 8.13 percent of your income for an ObamaCare plan, even after accounting for premium subsidies, then coverage is unaffordable for you and ObamaCare doesn’t penalize you for not buying coverage.


You would think this exemption would somehow apply to the 10,000 residents of Pinal County, for whom coverage will become dramatically more expensive when the Exchange collapses. If those folks are like Exchange enrollees in the rest of the country, the vast majority of them (85 percent or so) receive premium subsidies. When their Exchange coverage disappears next year, so will those subsidies.


If they wish to purchase coverage off the Exchange, they will face, for the first time, the actual cost of ObamaCare coverage. Given that the amount Pinal County residents will have to pay for ObamaCare coverage could rise by several multiples, from a fraction of the premium to the full premium, given that the lowest-income enrollees will see the largest increases, given that the large year-to-year rate increases occurring nationwide will only add to the suffering, you would think the ACA’s unaffordability exemption would somehow cover those 10,000 Pinal County residents. But you would be wrong.


The Unaffordability Exemption


Remember, the ACA penalizes people if they fail to purchase insurance, unless they qualify for an exemption. The unaffordability exemption applies only if “the annual premium for the lowest cost bronze plan available in the individual market through the Exchange” in Pinal County, minus “the amount of the credit allowable under section 36B,” whether the individual enrolls in Exchange coverage or not, exceeds 8.13 percent of the individual’s household income.


You can’t do that calculation in Pinal County. The premium for the lowest-cost bronze plan in Pinal County is not $0.00. It’s not even a number. It’s the empty set. The “credit allowable under section 36B” is likewise the empty set. Section 36B “allow[s] as a credit…an amount equal to the premium assistance credit amount for the taxpayer.”


To calculate the premium-assistance credit amount, you need to know either the premium for the health plan the taxpayer “enrolled in through an Exchange established by the State under [section] 1311,” or the premium for the “the second lowest cost silver plan” available to the taxpayer “through the same Exchange.” It would be awesome if all those premiums were $0.00. (Free health care!) But it’s not. Instead, no such premiums exist. Since there are no such premiums, there is no “required contribution.” Since there is no “required contribution,” there is no unaffordability exemption in Pinal County. Without an Exchange, there is no unaffordability exemption from the individual mandate.


A Penalty for Not Buying What You Can't Afford


Following the collapse of the Exchange, the ACA strips 10,000 Pinal County residents of their health coverage, strips them of any subsidies they had been receiving, and penalizes them if they fail to purchase coverage that everybody knows ObamaCare has made unaffordable for them. The ACA also denies the unaffordability exemption to any uninsured residents who had qualified or would have qualified for it. The ACA exempted them from penalties when coverage was somewhat unaffordable, yet penalizes them when coverage becomes very unaffordable.


But let’s suppose we had a government that didn’t care what the law says, and was determined to make the unaffordability exemption work for residents of Pinal County and any other county or state where the Exchange collapses. The government could pretend the lowest-cost-bronze-Exchange-plan premium actually is $0.00. But then the required contribution would be zero or negative, which is less than 8.13 percent of household income. So no exemption.


Ooh, I know! The government could pretend the ACA allows them to use non-Exchange-bronze-plan premiums for the first part of the “required contribution” calculation. But then they would have to argue simultaneously that the ACA does not allow them to use non-Exchange-silver-plan premiums for the second part of the calculation.


To put it differently, the government would have to argue the ACA allows them to pretend that non-existent Exchange plans exist but does not allow them to pretend that non-existent tax credits exist. I’m guessing that would be awkward.


It may be a blessing that we won’t have to watch ACA ObamaCare supporters put themselves through such contortions (again). The ACA gives the Secretary of Health and Human Services carte blanche to exempt anyone she pleases from the mandate penalty. All she has to do is claim they have “suffered a hardship [trying] to obtain coverage under a qualified health plan.”


The people of Pinal County would certainly seem to qualify. To date, the Secretary has issued a raft of these “hardship” exemptions, none of which seem to apply to enrollees for whom coverage became unaffordable because their Exchange just plain collapsed. Since the Secretary hasn’t created such a hardship exemption yet, what I’m describing is here the law.


The Most Awkward Exemption


And even though it seems inevitable that the Obama administration will create such an exemption, the fact that they will have to take that affirmative step to protect ObamaCare’s intended beneficiaries from the law is significant. It will certainly be the most awkward the Obama administration has had to issue.


It will be an admission that ObamaCare threw thousands of Pinal residents out of their pre-ObamaCare plans, stripped them of their guaranteed-renewability protections, turned their covered illnesses into pre-existing conditions, threw them out of their health plans again, left them with no affordable health-insurance options, and left many of them far worse off than they would have been if the president had never signed the ACA or had heeded Congress’ calls for repeal.


Issuing hardship exemptions for Pinal County will be an admission that ObamaCare is inherently unstable, and that a similar fate could soon befall other Exchange enrollees. It will be an admission that the ACA’s architects suffered from a certain lack of foresight.


And it can’t come soon enough.

This piece ran at Cato@liberty.
Michael F. Cannon
Michael F. Cannon
Michael F. Cannon is the Cato Institute’s director of health policy studies.
This article was originally published on FEE.org. Read the original article.

Obamacare Repeal Stalls as Americans Suffer

When President Donald Trump took office, repeal of Obamacare seemed like a guarantee—and then the timeline started slipping.

All the elements are in place: A Republican-controlled Congress and a Republican president, all elected after promising to repeal Obamacare. But once the celebration and ceremonies died away, Congress started to do what it does best. Nothing.

“Nothing” may be a bit strong given the historic levels of obstruction from Democrats in the Senate, but House Republicans have no such excuse. In fact, they even have a blueprint.

Last year, the House and Senate passed an Obamacare repeal using the budget reconciliation process. That measure was ultimately vetoed by then-President Barack Obama, but that same legislation can be reintroduced and sent to Trump desk to be signed into law.

There is no reason to delay. The slipping of the Obamacare repeal timeline is creating cascading problems for the American people.

Delaying Repeal Prolongs the Current Health Care Crisis


No one needs reminding that Obamacare takes away choice, erodes the value of health care and puts additional burden on the pockets of the American taxpayer. The unsustainable nature of Obamacare is creating massive uncertainty and causing insurers to leave the marketplace, causing individual premiums to increase.

Additionally, once repeal is signed into law and real health care reforms begin moving forward, private insurers will need time to adjust to the new market. Continuing to delay repeal shortens the time insurers will be able to adjust and provide the best solution for the insured.

Most importantly, we don’t want Americans living under the current failing health care system any longer.

Obamacare is bad, and only getting worse. Average premiums are going up by 25 percent this year, deductibles are blowing past $10,000 for a family, and 70 percent of U.S. counties have no insurer choice, or a choice between only two insurers.

What good is a health care plan that you can’t choose and can’t afford to use? Congress must repeal it as soon as possible to put better health care choices back in the hands of the American people.

Delaying Repeal Hurts Public Support for Congress


Nearly every single congressional Republican campaigned on the promise to repeal Obamacare. The unfortunate consequence of the delay is that the American people are losing faith in the people whose job it is to represent them.

Recent Heritage Foundation research shows 72 percent of Americans will take the promises of Congress less seriously if they wait to fulfill their promise to repeal Obamacare. And 70 percent of Americans believe the longer Congress waits to fulfill their promises to repeal Obamacare, the less likely they will be successful.

There is no doubt that lawmakers will be held accountable to their promises.

Reprinted from The Daily Signal.
Sondra Clark
Sondra Clark
Sondra Clark is the digital director of Heritage Action for America.
This article was originally published on FEE.org. Read the original article.

The Greeks Drown in Taxes While Their Government Spends

I’ve put forth lots of arguments against tax increases, mostly focusing on why higher tax rates will depress growth and encourage more government spending.

Today, let’s look at a practical, real-world example.

I wrote a column for The Hill looking at why Greece is a fiscal and economic train wreck. I have lots of interesting background and history in the article, including the fact that Greece got into the mess by overspending and also explaining that politicians like Merkel only got involved because they wanted to bail out their domestic banks that foolishly lent lots of money to the Greek government.

But the most newsworthy part of my column was to expose the fact that “austerity” hasn’t worked in Greece because the private sector has been suffocated by giant tax hikes.
…the troika…imposed the wrong kind of fiscal reforms. …what mostly happened is that Greek politicians dramatically increased the nation’s already punitive tax burden. The Organization for Economic Cooperation and Development’s fiscal database tells a very ugly story. …on the eve of the crisis, the tax burden in Greece totaled 38.9 percent of GDP. This year, taxes are projected to reach 52.0 percent of economic output. Every major tax in Greece has been dramatically increased, including personal income taxes, corporate income taxes, value-added taxes, and property taxes. It’s been a taxpalooza… What’s happened on the spending side of the fiscal ledger? Have there been “savage” and “draconian” budget cuts? …there have been some cuts, but the burden of government spending is still a heavy weight on the Greek economy. Outlays totaled 54.1 percent of GDP in 2009 and now government is consuming 52.2 percent of economic output.
For what it’s worth, the spending numbers would look better if the economy was stronger. In other words, Greece’s performance wouldn’t be so dismal if GDP was growing rather than shrinking.

And that’s why tax increases are so misguided. They give politicians an excuse to avoid much-needed spending cuts while also hindering growth, investment and job creation.
Let’s close by reviewing Greece’s performance according to Economic Freedom of the World. The overall score for Greece has dropped slightly since 2009, but the real story is that the nation’s fiscal score has dramatically worsened, falling from 5.61 to 4.66 on a 0-10 scale. In other words, during a period of time in which Greece was supposed to sober up and become more fiscally responsible, the politicians engaged in an orgy of tax hikes and Greece went from a failing grade for fiscal policy to a miserably failing grade.
Here’s a the relevant graph from the EFW website. As you can see, the score has been dropping for a decade, not just since 2009.



This is a remarkable result. Greek politicians should have been pushing the nation’s fiscal score to at least 7 out of 10, if not 8 out of 10. Instead, the score has gone in the wrong direction because of tax increases.

Though I don’t expect Hillary and Bernie to learn the right lesson.

For more information, here’s my five-picture explanation of the Greek mess. Also, how can you expect good policy from a nation that subsidizes pedophiles and requires stool samples to set up online companies?

Some Greece-Related Humor


Let’s close by recycling my collection of Greek-related humor.

This cartoon is quite good, but this one is my favorite. And the final cartoon in this post also has a Greek theme.

We also have a couple of videos. The first one features a video about…well, I’m not sure, but we’ll call it a European romantic comedy and the second one features a Greek comic pontificating about Germany.

Last but not least, here are some very un-PC maps of how various peoples – including the Greeks – view different European nations.

Republished from International Liberty.
Daniel J. Mitchell
Daniel J. Mitchell
Daniel J. Mitchell is a senior fellow at the Cato Institute who specializes in fiscal policy, particularly tax reform, international tax competition, and the economic burden of government spending. He also serves on the editorial board of the Cayman Financial Review.
This article was originally published on FEE.org. Read the original article.

Why Ayn Rand Would Have Cast Trump as a Villain

After Donald Trump announced a number of cabinet picks who happen to be fans of Ayn Rand, a flurry of articles appeared claiming that Trump intended to create an Objectivist cabal within his administration.

Ayn Rand-acolyte Donald Trump stacks his cabinet with fellow Objectivists,” proclaimed one article. Would that it were so. The novelist and philosopher Ayn Rand was a passionate champion of individual freedom and laissez-faire capitalism and a fierce opponent of authoritarianism. For her, government exists solely to protect our rights, not to meddle in the economy or to direct our private lives.

A president who truly understood Rand’s philosophy would not be cozying up to Putin, bullying companies to keep manufacturing plants in the United States, or promising “insurance for everybody” among many other things Trump has said and done.

And while it’s certainly welcome news that several of Trump’s cabinet picks admire Rand, it’s not surprising. Her novel Atlas Shrugged depicts a world in decline as it slowly strangles its most productive members. The novel celebrates the intelligent and creative individuals who produce wealth, many of whom are businessmen. So it makes sense that businessmen like Rex Tillerson and Andy Puzder would be among the novel’s millions of fans.

But a handful of fans in the administration hardly signals that Trump’s would be an “Ayn Rand” administration. The claims about Rand’s influence in the administration are vastly overblown.

Pull-Peddling Cronies

Even so, there is at least one parallel we can draw between a Trump administration and Rand’s novels, although it’s not favorable to Trump. As a businessman and a politician, Trump epitomizes a phenomenon that Rand harshly criticized throughout her career, especially in Atlas Shrugged. Rand called it “pull peddling.” The popular term today is “cronyism.” But the phenomenon is the same: attempting to succeed, not through production and trade, but by trading influence and favors with politicians and bureaucrats.

Cronyism has been a big issue in recent years among many thinkers and politicians on the Right, who have criticized “big government” because it often favors some groups and individuals over others or “picks winners and losers.”

Commentators on the Left, too, often complain about influence peddling, money in politics, and special interests, all of which are offered as hallmarks of corruption in government. And by all indications, Trump was elected in part because he was somehow seen as a political “outsider” who will “drain the swamp.”

But as the vague phrase “drain the swamp” shows, there’s a lot more concern over cronyism, corruption, and related issues than there is clarity about what the problem actually is and how to solve it.

Ayn Rand had unique and clarifying views on the subject. With Trump in office, the problem she identified is going to get worse. Rand’s birthday is a good time to review her unique explanation of, and cure for, the problem.

The Problem: Unlimited Government

The first question we need to be clear about is: What, exactly, is the problem we’re trying to solve? “Drain the swamp,” “throw the bums out,” “clean up Washington,” “outsiders” vs. “insiders” — these are all platitudes that can mean almost anything to anyone.

Are lobbyists the problem? Trump and his advisers seem to think so. They’ve vowed to keep lobbyists out of the administration, and Trump has signed an order forbidding all members of his administration from lobbying for 5 years.

It’s not clear whether these plans will succeed, but why should we care? Lobbyists are individuals hired to represent others with business before government. We might lament the existence of this profession, but blaming lobbyists for lobbying is like blaming lawyers for lawsuits. Everyone seems to complain about them right up until the moment that they want one.

The same goes for complaints about the clients of lobbyists — the hated “special interests.” Presidents since at least Teddy Roosevelt have vowed to run them out of Washington yet, today, interest groups abound. Some lobby for higher taxes, some for lower taxes. Some lobby for more entitlements, some for fewer or for more fiscal responsibility in entitlement programs. Some lobby for business, some for labor, some for more regulations on both. Some lobby for freer trade, some for trade restrictions. The list goes on and on. Are they all bad?

The question we should ask is, Why do people organize into interest groups and lobby government in the first place?

The popular answer among free-market advocates is that government has too much to offer, which creates an incentive for people to tap their “cronies” in government to ensure that government offers it to them. Shrink government, the argument goes, and we will solve the problem.

Veronique de Rugy, senior fellow at the Mercatus Center, describes cronyism in these terms:
This is how cronyism works: A company wants a special privilege from the government in exchange for political support in future elections. If the company is wealthy enough or is backed by powerful-enough interest groups, the company will get its way and politicians will get another private-sector ally. The few cronies “win” at the expense of everyone else.
(Another term for this is “rent seeking,” and many other people define it roughly the same way.)

There’s a lot of truth to this view. Our bloated government has vast power over our lives and trillions of dollars worth of “favors” to dole out, and a seemingly endless stream of people and groups clamor to win those “favors.” As a lawyer who opposes campaign finance laws, I’ve often said that the problem is not that money controls politics, it’s that politics controls money — and property, and business, and much of our private lives as well.

Still, we need to be more precise. “Favors,” “benefits,” and “privileges” are too vague a way to describe what government has to offer. Among other things, these terms just raise another question: Which benefits, favors, or privileges should government offer? Indeed, many people have asked that question of cronyism’s critics. Here’s how the Los Angeles Times put it in an editorial responding to the effort by some Republicans to shut down the Export-Import Bank:
Governments regularly intervene in markets in the name of public safety, economic growth or consumer protection, drawing squawks of protest whenever one interest is advanced at the expense of others. But a policy that’s outrageous to one faction — for example, the government subsidies for wind, solar and battery power that have drawn fire on the right — may in fact be a welcome effort to achieve an important societal objective.
It’s a valid point. Without a way to tell what government should and should not do, whose interests it should or should not serve, complaints about cronyism look like little more than partisan politics. When government favors the groups or policies you like, that’s good government in action. When it doesn’t, that’s cronyism.

Government Force and Legal Plunder

In Rand’s view, there is a serious problem to criticize, but few free-market advocates are clear about exactly what it is. Simply put, the problem is the misuse of the power that government possesses, which is force. Government is the institution that possesses a legal monopoly on the use of force.

The question we need to grapple with is, how should it use that power?

Using terms like “favors,” “privileges,” and “benefits” to describe what government is doing when cronyism occurs is not just too vague, it’s far too benign. These terms obscure the fact that what people are competing for when they engage in cronyism is the “privilege” of legally using force to take what others have earned or to prevent them from contracting or associating with others. When groups lobby for entitlements — whether it’s more social security or Medicare or subsidies for businesses — they are essentially asking government to take that money by force from taxpayers who earned it and to give it to someone else. Call it what you want, but it ultimately amounts to stealing.

When individuals in a given profession lobby for occupational licensing laws, they are asking government to grant a select group of people a kind of monopoly status that prevents others who don’t meet their standards from competing with them — that is, from contracting with willing customers to do business.

These are just two examples of how government takes money and property or prevents individuals from voluntarily dealing with one another. There are many, many more. Both Democrats and Republicans favor these sorts of laws and willingly participate in a system in which trading on this power has become commonplace.

“Rent seeking” doesn’t capture what is really going on. Neither, really, does “cronyism.” They’re both too tame.

A far better term is the one used by nineteenth-century French economist Frederic Bastiat: “legal plunder.” Rand uses the term “political pull” to describe those who “succeed” by convincing friends in government to use the law to plunder others or to prevent them from competing.

And she uses the phrase “the Aristocracy of Pull,” which is the title of a whole chapter in Atlas Shrugged, to describe a society in which political pull, rather than production and trade, has become the rule. It’s a society that resembles feudalism, in which people compete to gain the favor of government officials in much the same way that people in feudal times competed for the favor of the king so they could use that power to rule over one another and plunder as they pleased.

The cause, for Rand, is not the size of government, but what we allow it to do. When we allow government to use the force it possesses to go beyond protecting our rights, we arm individuals to plunder one another and turn what would otherwise be limited instances of corruption or criminality into a systemic problem.

For example, when politicians promise to increase social security or to make education “free,” they are promising to take more of the incomes of taxpayers to pay for these welfare programs. When they promise to favor unions with more labor laws or to increase the minimum wage, they are promising to restrict businesses’ right to contract freely with willing workers. When they promise to “keep jobs in America,” they are promising to impose tariffs on companies that import foreign goods. The rule in such a system becomes: plunder or be plundered. What choice does anyone have but to organize themselves into pressure groups, hire lobbyists, and join the fray?

Rand memorably describes this process in the famous “money speech” in Atlas Shrugged:
But when a society establishes criminals-by-right and looters-by-law — men who use force to seize the wealth of disarmed victims — then money becomes its creators’ avenger. Such looters believe it safe to rob defenseless men, once they’ve passed a law to disarm them. But their loot becomes the magnet for other looters, who get it from them as they got it. Then the race goes, not to the ablest at production, but to those most ruthless at brutality. When force is the standard, the murderer wins over the pickpocket. And then that society vanishes, in a spread of ruins and slaughter.
Observe what kind of people thrive in such a society and who their victims are. There’s a big difference between the two, and Rand never failed to make a moral distinction between them.

Wealth Creators vs. Wealth Appropriators

In the early 1990s, Atlantic City resident Vera Coking found herself in the sights of a developer who wanted to turn the property on which she lived into a casino parking lot. The developer made what he thought was a good offer, but she refused. The developer became incensed, and instead of further trying to convince Coking to sell or finding other land, he did what a certain kind of businessman has increasingly been able to do in modern times. He pursued a political “solution.” He convinced a city redevelopment agency to use the power of eminent domain to force Coking to sell.

The developer was Donald Trump. His ensuing legal battle with Coking, which he lost, was the first of a number of controversies in recent decades over the use of eminent domain to take property from one private party and give it to another.

Most people can see that there’s a profound moral distinction between the Trumps and their cronies in government on the one hand and people like Vera Coking on the other. One side is using law to force the other to give up what is rightfully theirs. To be blunt, one side is stealing from the other.
But the victims of the use of eminent domain often lobby government officials to save their property just as vigorously as others do to take it. Should we refer to all of them as “special interests” and damn them for seeking government “favors”? The answer should be obvious.

But if that’s true, why do we fail to make that distinction when the two sides are businesses — as many do when they criticize “Wall Street,” or the financial industry as a whole, or when they complain about “crony capitalism” — as though capitalism as such is the problem? Not all businesses engage in pull-peddling, and many have no choice but to deal with government or to lobby in self-defense.

John Allison, the former CEO of BB&T bank (and a former board member of the Ayn Rand Institute, where I work), refused to finance transactions that involved the use of eminent domain after the Supreme Court issued its now-infamous decision in Kelo v. City of New London, which upheld the use of eminent domain to transfer property from one private party to another. Later, Allison lobbied against the TARP fund program after the financial crisis, only to be pressured by government regulators into accepting the funds. In an industry as heavily regulated as banking, there’s little a particular bank can do to avoid a situation like that.

Another example came to light in 2015, when a number of news articles ran stories on United Airlines’s so-called “Chairman’s Flight.” This was a flight from Newark to Columbia, South Carolina, that United continued to run long after it became clear it was a money-loser. Why do that? It turns out the chairman of the Port Authority, which controls access to all the ports in New York and New Jersey, had a vacation home near Columbia. During negotiations over airport fees, he made it clear that he wanted United to keep the flight, so United decided not to cancel it. Most of the news stories blamed United for influence-peddling. Only Holman Jenkins of the Wall Street Journal called it what it was: extortion by the Port Authority chairman.

The point is, there’s a profound moral difference between trying to use government to plunder others and engaging with it essentially in self-defense. It’s the same difference between a mobster running a protection racket and his victims. And there’s an equally profound moral difference between people who survive through production and trade, and those who survive by political pull.

Rand spells out this latter difference in an essay called “The Money Making Personality:”
The Money-Maker is the discoverer who translates his discovery into material goods. In an industrial society with a complex division of labor, it may be one man or a partnership of two: the scientist who discovers new knowledge and the entrepreneur — the businessman — who discovers how to use that knowledge, how to organize material resources and human labor into an enterprise producing marketable goods. 
The Money-Appropriator is an entirely different type of man. He is essentially noncreative — and his basic goal is to acquire an unearned share of the wealth created by others. He seeks to get rich, not by conquering nature, but by manipulating men, not by intellectual effort, but by social maneuvering. He does not produce, he redistributes: he merely switches the wealth already in existence from the pockets of its owners to his own. 
The Money-Appropriator may become a politician — or a businessman who “cuts corners” — or that destructive product of a “mixed economy”: the businessman who grows rich by means of government favors, such as special privileges, subsidies, franchises; that is, grows rich by means of legalized force.
In Atlas Shrugged, Rand shows these two types in action through characters like steel magnate Hank Rearden and railroad executive Dagny Taggart, two brilliant and productive business people who carry a crumbling world on their shoulders. On the opposite end of the spectrum are Orren Boyle, a competitor of Rearden’s, and Jim Taggart, Dagny’s brother and CEO of the railroad where she works.

Both constantly scheme to win special franchises and government contracts from their friends in Washington and to heap regulations on productive businesses like Rearden’s. Rearden is forced to hire a lobbyist in Washington to try to keep the bureaucrats off of his back.

When we damn “special interests” or businesses in general for cronyism, we end up grouping the Reardens in with the Orren Boyles, which only excuses the behavior of the latter and damns the former. This attitude treats the thug and his victim as morally equivalent. Indeed, this attitude makes it seem like success in business is as much a function of whom you know in Washington as it is how intelligent or productive you are.

It is unfortunately true that many businesses use political pull, and many are a mixture of money-makers and money-appropriators. So it can seem like success is a matter of government connections. But it’s not true in a fundamental sense. The wealth that makes our modern world amazing — the iPhones, computers, cars, medical advances and much more — can only be created through intelligence, ingenuity, creativity and hard work.

Government does not create wealth. It can use the force it possesses to protect the property and freedom of those who create wealth and who deal with each other civilly, through trade and persuasion; or it can use that force to plunder the innocent and productive, which is not sustainable over the long run. What principle defines the distinction between these two types of government?

The Solution: A Government Limited by the Principle of Rights

As I noted earlier, the common view about cronyism is that it is a function of “big” government and that the solution is to “shrink” or “limit” government. But that just leads to the question: what’s the limiting principle?

True, a government that does less has less opportunity to plunder the innocent and productive, but a small government can be as unjust to individuals as a large one. And we ought to consider how we got to the point that government is so large. If we don’t limit government’s power in principle, pressure group warfare will inevitably cause it to grow, as individuals and groups, seeing government use the force of law to redistribute wealth and restrict competition, ask it to do the same for them.

The common response is that government should act for the “good of the public” rather than for the narrow interests of private parties. The Los Angeles Times editorial quoted above expresses this view. “What’s truly crony capitalism,” says the Times, “is when the government confuses private interests with public ones.”

Most people who criticize cronyism today from across the political spectrum hold the same view. The idea that government’s job is to serve “the public interest” has been embedded in political thought for well over a century.

Rand rejects the whole idea of the “public interest” as vague, at best, and destructive, at worst. As she says in an essay called “The Pull Peddlers”:
So long as a concept such as “the public interest” … is regarded as a valid principle to guide legislation — lobbies and pressure groups will necessarily continue to exist. Since there is no such entity as “the public,” since the public is merely a number of individuals, the idea that “the public interest” supersedes private interests and rights, can have but one meaning: that the interests and rights of some individuals takes precedence over the interests and rights of others. 
If so, then all men and all private groups have to fight to the death for the privilege of being regarded as “the public.” The government’s policy has to swing like an erratic pendulum from group to group, hitting some and favoring others, at the whim of any given moment — and so grotesque a profession as lobbying (selling “influence”) becomes a full-time job. If parasitism, favoritism, corruption, and greed for the unearned did not exist, a mixed economy [a mixture of freedom and economic controls] would bring them into existence.
It’s tempting to blame politicians for pull-peddling, and certainly there are many who willingly participate and advocate laws that plunder others. But, as Rand argues, politicians as such are not to blame, as even the most honest of government officials could not follow a standard like “the public interest”:
The worst aspect of it is not that such a power can be used dishonestly, but that it cannot be used honestly. The wisest man in the world, with the purest integrity cannot find a criterion for the just, equitable, rational application of an unjust, inequitable, irrational principle. The best that an honest official can do is to accept no material bribe for his arbitrary decision; but this does not make his decision and its consequences more just or less calamitous.
To make the point more concrete: which is in the public interest, the jobs and products produced by, say, logging and mining companies — or preserving the land they use for public parks? For that matter, why are public parks supposedly in “the public interest”? As Peter Schwartz points out in his book In Defense of Selfishness, more people attend private amusement parks like Disneyland each year than national parks. Should government subsidize Disney?

To pick another example: why is raising the minimum wage in “the public interest” but not cheap goods or the rights of business owners and their employees to negotiate their wages freely? It seems easy to argue that a casino parking lot in Atlantic City is not “in the public interest,” but would most citizens of Atlantic City agree, especially when more casinos likely mean more jobs and economic growth in the city?

There are no rational answers to any of these questions, because “the public interest” is an inherently irrational standard to guide government action. The only approach when a standard like that governs is to put the question to the political process, which naturally leads people to pump millions into political campaigns and lobbying to ensure that their interests prevail.

Rand’s answer is to limit government strictly to protecting rights and nothing more. The principle of rights, for Rand, keeps government connected to its purpose of protecting our ability to live by protecting our freedom to think and produce, cooperate and trade with others, and pursue our own happiness. As Rand put it in Atlas Shrugged (through the words of protagonist John Galt):
Rights are conditions of existence required by man’s nature for his proper survival. If man is to live on earth, it is right for him to use his mind, it is right to act on his own free judgment, it is right to work for his values and to keep the product of his work. If life on earth is his purpose, he has a right to live as a rational being: nature forbids him the irrational. Any group, any gang, any nation that attempts to negate man’s rights, is wrong, which means: is evil, which means: is anti-life.
A government that uses the force it possesses to do anything more than protect rights necessarily ends up violating them. The reason is that force is only effective at stopping people from functioning or taking what they have produced or own. Force can therefore be used either to stop criminals or to act like them.

The principle, then, is that only those who initiate force against others — in short, those who act as criminals — violate rights and are subject to retaliation by government. So long as individuals respect each other’s rights by refraining from initiating force against one another — so long as they deal with each other on the basis of reason, persuasion, voluntary association, and trade — government should have no authority to interfere in their affairs.

When it violates this principle of rights, cronyism, corruption, pressure group warfare and mutual plunder are the results.

There’s much more to say about Rand’s view of rights and government. Readers can find more in essays such as “Man’s Rights,” “The Nature of Government,” and “What Is Capitalism?” and in Atlas Shrugged.

Conclusion

In 1962, Rand wrote the following in an essay called “The Cold Civil War”:
A man who is tied cannot run a race against men who are free: he must either demand that his bonds be removed or that the other contestants be tied as well. If men choose the second, the economic race slows down to a walk, then to a stagger, then to a crawl — and then they all collapse at the goal posts of a Very Old Frontier: the totalitarian state. No one is the winner but the government.
The phrase “Very Old Frontier” was a play on the Kennedy administration’s “New Frontier,” a program of economic subsidies, entitlements and other regulations that Rand saw as statist and which, like many other political programs and trends, she believed was leading America toward totalitarianism. Throughout Rand’s career, many people saw her warnings as overblown.

We have now inaugurated as 45th president of the United States a man who regularly threatens businesses with regulation and confiscatory taxation if they don’t follow his preferred policies or run their businesses as he sees fit. A recent headline in USA Today captured the reaction among many businesses: “Companies pile on job announcements to avoid Trump’s wrath.”

Are Rand’s warnings that our government increasingly resembles an authoritarian regime — one that issues dictates and commands to individuals and businesses, who then have to pay homage to the government like courtiers in a king’s court — really overblown? Read Atlas Shrugged and her other writings and decide for yourself.

Republished from Learn Liberty.
Steve Simpson
Steve Simpson
Steve Simpson is the director of Legal Studies at the Ayn Rand Institute where he writes and speaks on a wide variety of legal and philosophical issues.
This article was originally published on FEE.org. Read the original article.

Lower Taxes Means More Craft Beer

The past few years have seen a dramatic increase in the craft brewing industry across the United States. We had an 80% jump in the number of breweries in the country in just the three years from 2012 (2,401 breweries) to 2015 (4,225 breweries).

As a result, beer lovers have many more varieties of beer to choose, and the competition is keeping prices low.

Yet, the number of breweries per capita differs dramatically amongst the states. According to the Brewers Association, people in Vermont have 9.4 breweries for every 100,000 adults over 21. Sadly, Oklahomans have only 0.5 breweries per 100,000.

Economics can explain this. A good economist might say that the number of breweries in a state depends upon the demand for beer. Indeed, in the 5 states with the greatest number of breweries per capita, people consume an average of 33.62 gallons of beer per year — compared to 31.94 gallons per year in the 5 states with the fewest breweries per capita. So consumption is playing a role.

Not Just Supply and Demand


Taxes also have an influence. The 5 states with the fewest breweries per capita have an average tax of 40 cents per gallon of beer compared to 18 cents per gallon in the top 5 brewery states.



Laws about how breweries can do business also play an important role in the number of breweries per capita. In a state with a “self-distribution law,” breweries are able to sell their beer directly to restaurants, bars, and other businesses without using a distributor as a middleman. This can lower their distribution costs considerably.

Many distributors represent the major macro brewers and allocate little time to the smaller craft brewers. Recent studies have found that states that allow self-distribution have 50% more breweries per capita. None of the 5 lowest ranked states allow self-distribution, while all of the 5 highest states do.

Baptists and Beer-brewers

Note that all 5 of the states with the lowest numbers of breweries — Alabama, Georgia, Louisiana, Oklahoma, and Mississippi — are in the South. Southern states tend to have higher beer taxes, laws against self-distribution, and other laws hindering breweries from opening.

Politicians need support to keep these laws in place, and Southern states have a combination of moral and economic interests supporting such laws — a combination that is not seen anywhere else in the US.

First, politicians need voters who want these laws. Southern Baptists are not only against their adherents drinking alcohol, they are also against other people drinking alcohol. The Southern Baptist Convention’s 2006 resolutions included the following: “RESOLVED, That we urge Southern Baptists to take an active role in supporting legislation that is intended to curb alcohol use in our communities and nation.”

So states with lots of these Baptists are likely to have more restrictive laws. Southern Baptists make up over 30 percent of the population in Oklahoma, Mississippi, and Alabama. Beer-tax rates in these states are $0.40, $0.43, and $1.05 per gallon. Furthermore, none of these states currently allow self-distribution, although Oklahoma recently changed their law (the change is effective later this year).

The other source of support for these anti-brewery laws is economic interests. Who would benefit economically from there being fewer breweries? This would be current competitors, which include macro breweries and their distributors. If fewer microbreweries open, then the alternatives for beer consumers will be beers manufactured by the major breweries.

In a recent paper, I found that in the South, the larger the percentage of campaign contributions from big breweries, the fewer microbreweries these states had. In any other region of the country, this relationship did not hold.

More Taxes and Regulations, Less Beer


Fortunately, times are changing. As states struggled through the great recession, politicians looked for ways to increase entrepreneurship and employment. Several southern states have recently changed their laws and seen a boom in the number of microbreweries. This has been particularly true in North Carolina, which went from around 50 breweries in 2011 to 161 in 2015.

So, what can we predict with economics? Breweries will open as long as it is profitable. When taxes and regulations raise the costs of opening a brewery, we will see fewer of them. Politicians have to answer to their constituents. When anti-alcohol religious beliefs are strong, it is difficult for politicians to vote against their constituents and change laws.

However, when economic times are bad, politicians will weigh the lost votes from this moral group with the gained votes from the general population as a result of higher employment and economic growth.

Reprinted from Learn Liberty.
Stephan F. Gohmann
Stephan F. Gohmann
Stephan F. Gohmann, Ph.D. is endowed professor of economics at the University of Louisville College of Business. As the BB&T Distinguished Professor in Free Enterprise, Gohmann is developing and teaching the economics course, The Moral Foundations of Capitalism, and participating in community outreach efforts to discuss these concepts with diverse audiences. He is a member of the FEE Faculty Network.
This article was originally published on FEE.org. Read the original article.

The Facts About the Dakota Access Pipeline That Protesters Don’t Want You to Know

For more than three months, thousands of protesters, most of them from out of state, have illegally camped on federal land in Morton County, North Dakota, to oppose the construction of a legally permitted oil pipeline project that is 85 percent complete.

The celebrities, political activists, and anti-oil extremists who are blocking the pipeline’s progress are doing so based on highly charged emotions rather than actual facts on the ground.

This 1,172-mile Dakota Access pipeline will deliver as many as 570,000 barrels of oil a day from northwestern North Dakota through South Dakota and Iowa to connect to existing pipelines in Illinois. It will do this job far more safely than the current method of transporting it by 750 rail cars a day.

The protesters say they object to the pipeline’s being close to the water intake of the Standing Rock Sioux Reservation. However, this should be of no concern as it will sit approximately 92 feet below the riverbed, with increased pipe thickness and control valves at both ends of the crossing to reduce the risk of an incident, which is already low.

Just like the companies that run the 10 other fossil-fuel pipelines crossing the Missouri River upstream of Standing Rock, Energy Transfer Partners—the primary funder of this pipeline—is taking all necessary precautions to ensure that the pipeline does not leak.

But even if there were a risk, Standing Rock will soon have a new water intake that is nearing completion much further downstream near Mobridge, South Dakota.

From the outset of this process, Standing Rock Sioux leaders have refused to sit down and meet with either the Army Corps of Engineers or the pipeline company.

The Army Corps consulted with 55 Native American tribes at least 389 times, after which they proposed 140 variations of the route to avoid culturally sensitive areas in North Dakota. The logical time for Standing Rock tribal leaders to share their concerns would have been at these meetings, not now when construction is already near completion.

The original pipeline was always planned for south of Bismarck, despite false claims that it was originally planned for north of Bismarck and later moved, thus creating a greater environmental danger to the Standing Rock Sioux.

The real reasons for not pursuing the northern route were that the pipeline would have affected an additional 165 acres of land, 48 extra miles of previously undisturbed field areas, and an additional 33 waterbodies.

It would also have crossed zones marked by the Pipeline and Hazardous Materials Safety Administration as “high consequence” areas, and would have been 11 miles longer than the preferred and current route.

North Dakotans have respected the rights of these individuals to protest the pipeline, but they have gone beyond civil protesting.

Though these protesters claim to be gathered for peaceful prayer and meditation, law enforcement has been forced to arrest more than 400 in response to several unlawful incidents, including trespassing on and damaging private land, chaining themselves to equipment, burning tires and fields, damaging cars and a bridge, harassing residents of nearby farms and ranches, and killing and butchering livestock. There was even at least one reported incident where gun shots were fired at police.

The recent vandalization of graves in a Bismarck cemetery and the unconscionable graffiti marking on the North Dakota column at the World War II Memorial in Washington, D.C., are examples of how the protesters’ actions do not match their claims of peaceful demonstration.

Equally disturbing is the meddling by the Obama administration in trying to block this legally permitted project through executive policymaking. This has encouraged more civil disobedience, threatened the safety of local residents, and placed an onerous financial burden on local law enforcement—with no offer of federal reimbursement for these increasing costs.

All that remains for the pipeline project to be completed is for the Army Corps of Engineers to issue a final easement to cross the Missouri River at Lake Oahe. With no legal reason remaining to not issue it, I am confident the Trump administration will do what’s right if it’s not settled before President Donald Trump takes office.

The simple fact is that our nation will continue to produce and consume oil, and pipelines are the safest and most efficient way to transport it. Legally permitted infrastructure projects must be allowed to proceed without threat of improper governmental meddling.

The rule of law matters. We cannot allow lawless mobs to obstruct projects that have met all legal requirements to proceed.

Commentary by Congressman Kevin Cramer (R-ND). Originally published at The Daily Signal.