Category Archives: Public Policy and Governance

Framing the Wrong Argument

I like David Brooks. I even agree with a significant part of what he writes. But his column in yesterday’s New York Times not only missed the boat, it swam in the wrong ocean.

Brooks characterized the Obama ads attacking Romney’s performance at Bain as an attack on capitalism, and essentially framed the current Presidential race as a contest between “big government” and “capitalism.” This is wrong on so many counts, it’s hard to know where to begin.

I am an ardent believer in capitalism and free markets.  In my opinion, Mitt Romney is the poster boy for a destructive and distorted vision of market economics that is giving capitalism its current bad name.

The sort of capitalism that works, the capitalism that originally made this country the most productive in the world, is characterized by transparency and a level playing field. Transparency means marketplaces with willing buyers and willing sellers who both possess the information relevant to their transaction. There are obviously areas–like healthcare–where that sort of information symmetry is impossible; in such areas, markets cannot work. Markets work extremely well, however, when buyers and sellers both have access to sufficient information on which to base their economic behavior.

The metaphor of a level playing field goes well beyond parity of information, however. A level playing field requires rules against cheating–and authorities willing and able to enforce those rules. Crony capitalism is the antithesis of a level playing field. Gaming the system by sending your lobbyists to Washington to buy influence, obtain favorable tax treatment, gut regulations and subsidize your endeavors are hallmarks of oligarchy. Such behaviors bear no relationship to a true market economy.

The notion that Mitt Romney represents true capitalism is delusional. So, for that matter, is the charge that Obama represents “big government.” As even the Wall Street Journal has conceded, growth in government spending under the Obama administration has been the lowest since the Eisenhower administration. The charge of “big government” rests on two aspects of Obama’s presidency: the Affordable Care Act (aka “Obamacare”) and his continuation of George W. Bush’s policies on surveillance and national security.

I agree with critics of Obama’s national security policies. Those policies infringed civil liberties when Bush inaugurated them, and they are no less ill-conceived and dangerous simply because the President pursuing them can pronounce “nuclear.” But the widespread belief that the ACA is anti-capitalist and pro “big government” rests on the same fundamental misapprehension as Brooks’ column: that anything done by the private sector is by definition “capitalism.”

The basic question to be answered when constructing a government is: what is its role? What tasks must we do collectively,through this governing mechanism we have created, and what tasks should be left to individuals, businesses and/or nonprofit organizations?

In areas where markets work, we should let them. But there are areas where markets don’t work, or work only with substantial assistance. Think public safety, national defense, infrastructure provision. Healthcare is an area where markets demonstrably do not work and have not worked. Every other western industrialized nation has come to that conclusion. The cost of ignoring that reality is draining our treasury and increasing the inequities that are splintering our polity.

Recognition of reality is sanity, not preference for “big government.”

If we really need to frame the electoral choice we face, I’d suggest “a contest between ‘I’ve got mine’ and the common good.”

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It’s a Penalty! It’s a Tax! It’s Unprecedented!

I have been bemused–and occasionally amused–by all the posturing over the provision in the Affordable Care Act requiring people to purchase health insurance.

How dare they!!

If you listen to the right-wing blogs and talking heads, you’ll come away believing that such a mandate is unprecedented. The government has never required us to do something, or penalized us for failing to do something.It’s unAmerican to penalize inaction. That evil Obama  is introducing an entirely foreign element into American law. (The fact that Romney did exactly the same thing in Massachusetts is obviously different….)

Of course, this line of attack is entirely fanciful.

As a legal scholar recently noted, the very same week it upheld the ACA, the Supreme Court affirmed a law requiring sex offenders to register their whereabouts, employment and appearance with local authorities. If they fail to do so, the law in question imposes a penalty of ten years in prison–a bit more draconian than the ACA’s fine. The Court made it clear that this mandatory registration was not punishment for a crime –the individuals subject to the requirement have already paid their debt to society for those transgressions (a contrary construction would run afoul of the Ex Post Facto prohibition).

Courts upholding this particular type of mandate–and there have been several–have explicitly said that the only conduct being punished was the “inactivity” of failing to register.

There are many other examples–so many that a Professor at John Marshall Law School has actually written an essay on “The Incredible Ordinariness of Federal Penalties for Inactivity.”

As I have repeatedly noted, there is nothing wrong with faulting provisions of this particular approach to healthcare reform. What I find absolutely astonishing, however, are the  logical contortions opponents will go through in order to attack the legitimacy of any attempt to  extend access to healthcare. I have been absolutely stunned by opponents’ self-righteous denunciations of such efforts, and by their evident willingness to simply let the uninsured suffer and die.

A recent editorial in the Journal of the American Medical Association is worth quoting.

That editorial began “Physicians and hospitals have a moral duty to provide acute care and emergency care to those who need it.” Proceeding from that expressly moral premise, the editorial concluded that individuals “have an enforceable moral duty to buy sufficient health insurance to cover the costs of acute and emergency care…requiring individuals to buy health insurance is consistent with respect for  individual liberty because individuals have a duty to mitigate the burdens they impose on others.”

We don’t talk much about the morality of policy. We should.

Yesterday, every single House Republican voted to take away health coverage for young adults staying on their family plans, raise prescription drug prices for seniors, end protections for those with pre-existing conditions, reinstate lifetime insurance caps, scrap tax breaks for small businesses, raise the deficit, and take benefits away from 30 million Americans. Pundits reporting the vote generally noted that it was one of a series of such votes, and that it stood no chance of ultimate passage. They spent a lot of time analyzing the politics of the GOPs message and speculating on its electoral effect.

To the best of my knowledge, none of them pointed out how utterly immoral it was.

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Taxing “Small Business”

This is really getting tiresome.

Obama and the GOP continue their standoff over the Bush tax cuts. Obama is willing to extend those cuts for taxpayers making less than 250,000 a year, but wants to let the cuts expire for those making more–those in the top 2%. The GOP has fought tooth and nail to protect that 2% from the horror of a return to Clinton-era marginal rates of 39%, and (lacking even a superficially convincing argument for that position) they have deployed a number of rhetorical weapons intended to justify their stance.

First it was “job creators.” Raise the marginal rate to its previous low point and the wealthy won’t create new jobs! Since we have had the historically low Bush rates for nearly a decade, and the jobs have not been forthcoming, voters have begun to see through that one. (Recent studies have confirmed that job creation bears virtually no relationship to tax rates; we have had robust job growth in periods of relatively high rates.)

The curent faux concern is for “small business.” Since many small enterprises choose to be taxed as individuals, Romney and the GOP argue that a higher rate on those making over 250,000 will “target small business.”

Obviously, the word “small” means something different to Romney than it does to most of us. The nonpartisan Joint Committee on Taxation found that in 2013, the higher rate would affect just 3.5% of small business–mainly doctors and lawyers. As Harry Ried noted during a recent debate, the GOP’s idea of “small business” evidently includes “fabulously rich so-called small business owners like Kim Kardashian and Paris Hilton.”

The Republicans’ insistence on protecting its wealthy donors from even a modest tax hike sure makes their rhetoric about the deficit ring hollow.

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Something Different, Continued

Yesterday’s post on the pros and cons of labeling foods with genetically-altered ingredients led to a back-and-forth discussion that exemplifies the real-world problems of policymaking, where matters are seldom black and white.

The discussion illustrated a contemporary reality: given the increasing complexity of the world we inhabit, in many policy domains, few people will fully understand the issues involved. Think climate change, poverty, education, healthcare…and food labeling.

Miriam’s comment raised many of the potential pitfalls involved in labeling; as she noted, in an effort to give people relevant information, we may instead end up misinforming them. In particular, her question “how far do we drill down?” is key. How much information is enough, and how much is too much? How are we defining our terms? What do we include/exclude?

Mort underscores the economic motives of the stakeholders in this particular debate, reminding us of the increasing role that money and influence play in our policymaking, often to the detriment of accuracy and the public good. (The climate change debate is an example.)

What do consumers have a right to know about the products they purchase? What do they need to know?

On the one hand, the vendor/manufacturers’ “trust us” is not only insufficient, it is contrary to the premises of our regulatory structure. On the other hand, both Miriam and Mort are undeniably correct  when they point out that most consumers do not have the background and scientific training needed to evaluate technical information accurately and will either over-react to it or ignore it.

Most of us shake our heads or laugh when the stewardess demonstrates how to buckle a seat belt, or when we read the label on a ladder that warns us against falling off.

We don’t need a nanny state that overprotects us. We do need relevant information that allows us to make informed choices. Deciding where to draw that line–deciding what information should be conveyed–is the hard part.

Yesterday’s exchange reminded me of the old story of the village rabbi who is approached by two men to settle an argument. The first tells his side, and the Rabbi says, “you’re right.” The second tells his side, and once again the Rabbi says, “You’re right.” An onlooker protests: they can’t both be right! To which the Rabbi says, “You, too, are right!”

Policy is complicated. Simple answers and binary choices don’t make for good policy.

Maybe that’s one reason we don’t have much good policy these days.

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Are We Really Talking About Taxes?

I’m beginning to suspect that all the anger/righteous indignation/resentment directed at the subject of taxes isn’t really about taxes at all.

If Americans were really discussing the tax system, surely they would know more about it. And I’m not just referring to the ludicrous arguments being made by the televised talking heads in the wake of the healthcare decision. (Hint: the Supreme Court ruled that the imposition of a penalty for noncompliance was an appropriate exercise of Congress’s taxing power–they didn’t rule that the penalty was a tax.) I’m talking about far more basic information.

A recent poll of Tea Party folks found that 90% of them believed taxes had either gone up or remained flat under Obama; only 2% answered (correctly) that taxes had gone down, which they have for 95% of American taxpayers. Bill Maher noted the irony: members of an organization formed to oppose taxes and named after a historical group known for its anti-tax activism don’t know whether taxes have gone up or down.

Nor is this an anomaly. Discussion of taxes rarely include definition of the term. So people will assert, with a straight face, that “the bottom half” of Americans “don’t pay taxes.” This is hogwash–they pay lots of taxes. Poor people may not make enough money to owe federal income taxes, but they pay federal payroll taxes, gas taxes, sales taxes, utility taxes, property taxes (even renters pay property taxes, which are part of the rent)…In fact, the percentage of their income that the poor pay in state and local taxes is far higher than the percentage paid by the wealthy.

So–we have people who don’t know whether taxes have increased or decreased, and pundits whose calculations of the tax burden conveniently or mistakenly leave numerous taxes out of the equation. But my biggest pet peeve is the folks who discuss tax rates without distinguishing between the marginal rate and the effective rate.

Right now, we are arguing about the wisdom of returning to the marginal rates under Clinton–approximately 39%. Listen to the bloviators on your favorite talk show and you are likely to get the impression that such a rate translates to taking 39% of the taxpayer’s income in taxes. Of course, it means no such thing. It means that once an individual has made enough to be in the highest income bracket, each dollar in that bracket will be taxed at that rate. The effective rate is the actual percentage of overall income paid, after averaging out the rates applied to each income bracket. That–plus lots of loopholes aka “incentives”–is why Mitt Romney’s effective rate was in the neighborhood of 13%, and why corporations that are theoretically subject to 30%+ tax rates actually paid 12.6% in 2008.

My point here is not to advocate for any particular tax policy–we can all agree or disagree about what an optimum tax system would look like. My concern is more basic. It seems to me that if we were really arguing about taxes, we would know much more about them. And if we aren’t really arguing about taxes–if taxes are just a useful surrogate for whatever it is that actually has our collective panties in a bunch–what is that sore spot?

What’s the real source of our sour national disposition?

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