Dan Mitchell
Morning After: More SCOTUS Reflections from a Non-Lawyer
In reaction to my post yesterday, and lots of other punditry around the web, my friend Rusty Weiss of Mental Recession fame (he recently celebrated six months of blogging!) emailed me to say he’s tired of having to settle for silver linings — that he want points on the board.
A lot of us — political activists, policy geeks, and court watchers alike — were disappointed with the outcome of yesterday’s ruling. We wanted a full takedown of Obamacare, for both substantive and political reasons. Instead, we got a ruling that the president’s signature legislative achievement passes constitutional muster, even if it was most peculiarly reasoned.
The Debt Debate, “Cut Cap Balance,” and Bush (Video)
As the debt debate continues with no end in sight (not even Aug. 2nd) some people are getting understandably upset. They want to know who to blame, and if anything that’s come up so far will actually fix the problem. Well, I have good news and bad news.
The good news is that the Cato Institute has come out with another outstanding video on the situation. The bad news is that you have to blame everybody, and no, there isn’t really a good solution coming out yet:
Again, there will be no dismantling of unconstitutional (or just flat out bad) programs and departments, just “trimming” around the edges, which won’t be good for the long term as they’ll a piece of cake to overcome. The “Cut Cap Balance” idea is a good start, but the Democrats will never go for it, and it’s only that—a start.
Yes, the Stimulus Really Did Fail
I have to disagree with Dave Weigel here. He wrote on Friday in Slate that the stimulus bill really didn’t fail, although everyone is saying it is:
Veterans of the stimulus wars talk about it that way—as a war. They lost. The implication of the loss is that Keynesian economics are, arguably, as discredited with voters as neoconservative theories were discredited when the invasion of Iraq failed to turn its neighbors into vibrant democracies, highways clogged with female drivers.
This week, we got a concrete example of what it meant to lose. The Weekly Standard published a back-of-the-cocktail-napkin analysis of the seventh quarterly report on the stimulus, stipulating that every job created by its spending has cost $278,000. Republicans, who’d previously said the stimulus created no jobs, immediately started repeating the $278,000 figure. They kept doing it even after the magazine followed up, suggesting that the cost-per-job could have been as low as $185,000. $278,000, $185,000. $0.00? It didn’t really matter, because the White House and liberal response was perfunctory. As the stimulus winds down, with most of the money spent, everyone knows that it failed.
GOP rolls out Pledge to America, mixed reaction among conservatives
House Republicans officially rolled out the Pledge to America (PDF embedded at the bottom of the page or you can download here) yesterday morning at a lumber company in Sterling, Virginia:
The agenda is reminiscent of “The Contract with America” that House Republicans announced on the steps of the Capitol in 1994. That manifesto helped them win control of the House during the second year of Democrat Bill Clinton’s presidency.
While short on specifics, the new Republican plan calls for $100 billion in annual savings by scaling back federal spending to 2008 levels — with exceptions for the elderly and U.S. troops — and ending government control of mortgage giants Fannie Mae and Freddie Mac.
Republican House leaders also vowed to stop “job killing tax hikes” and allow small business owners to take a tax deduction equal to 20 percent of their business income.
[…]
Under pressure from the conservative Tea Party movement to slash the size and cost of government, the Republicans promised to repeal Obama’s landmark overhaul of the healthcare system and eliminate unspent funds from his $814 billion economic stimulus program.
The reaction among Democrats has been predictable as they again try to bring up George W. Bush, a strategy that hasn’t worked thus far:
Entitlement Spending Is America’s Biggest Fiscal Challenge, but Discretionary Spending Is Still Far too High
Written by Daniel J. Mitchell, a senior fellow at the Cato Institute. Posted with permission from Cato @ Liberty.
If America descends into Greek-style fiscal chaos, there’s no doubt that entitlement programs will be the main factor. Social Security, Medicare, Medicaid, and Disability are all fiscal train wrecks today, and the long-run outlook for these programs is frightful.
Just look at these numbers from the Bank for International Settlements and OECD to see how our fiscal future is bleaker than many of Europe’s welfare states.
Simply stated, if we don’t implement the right kind of entitlement reform, our children and grandchildren at some point will curse our memory.
But that doesn’t mean we shouldn’t worry about other parts of the budget, including the so-called discretionary programs that also have been getting bigger and bigger budgets over time.
Was William Shakespeare the First Libertarian?
Written by Daniel J. Mitchell, a senior fellow at the Cato Institute. Posted with permission from Cato @ Liberty.
I’ve never been a big Shakespeare fan, but that may need to change. It seems the Bard of Avon may be the world’s first libertarian.
Some of you are probably shaking your heads and saying that this is wrong, that Thomas Jefferson or Adam Smith are more deserving of this honor.
Others would argue we should go back earlier in time and give that title to John Locke.
But based on some new research reported in Tax-news.com, we need to travel back to the days of Shakespeare:
Uncertainty over the likely future success of his plays led William Shakespeare to do “all he could to avoid taxes,” new research by scholars at Aberystwyth University has claimed. The collaborative paper: “Reading with the Grain: Sustainability and the Literary Imagination,”…alleges that, in his “other” life as a major landowner, Shakespeare avoided paying his taxes, illegally hoarded food and sidelined in money lending. …According to Dr Jayne Archer, lead author and a lecturer in Renaissance literature at Aberystwyth: “There was another side to Shakespeare besides the brilliant playwright - a ruthless businessman who did all he could to avoid taxes, maximize profits at others’ expense and exploit the vulnerable - while also writing plays.”
In that short excerpt, we find three strong indications of Shakespeare’s libertarianism.
- What does it mean that Shakespeare did everything he could to avoid taxes? His actions obviously would have upset the United Kingdom’s current political elite, which views tax maximization as a religious sacrament, but it shows that Shakespeare believed in the right of private property. Check one box for libertarianism.
- What does it mean that the Bard “illegally hoarded food”? Well, such a law probably existed because government was interfering with the free market with something like price controls. Or there was a misguided hostility by the government against “speculation,” similar to what you would find from the deadbeats in today’s Occupy movement. In either event, Shakespeare was standing up for the principle of freedom of contract. Check another box for libertarianism.
- Last but not least, what does it mean that Shakespeare “sidelined in money lending”? Nations used to have statist “usury laws” that interfered with the ability to charge interest when lending money. Shakespeare apparently didn’t think “usury” was a bad thing, so he was standing up for the liberty of consenting adults to engage in voluntary exchange. Check another box for libertarianism.
Everything You Need to Know About the Ryan Budget
Written by Daniel J. Mitchell, a senior fellow at the Cato Institute. Posted with permission from Cato @ Liberty.
Sigh. Even when they’re sort of doing the right thing, Republicans are incapable of using the right argument.
Rep. Paul Ryan (R-WI), chairman of the House Budget Committee, has unveiled his proposed budget and he and other Republicans are bragging that the plan will balance the budget in 10 years.
That’s all fine and well, but good fiscal policy is achieved by reducing the burden of government spending, and that means restraining the budget so that federal outlays grow slower than the private sector.
It’s good to balance the budget, of course, but that should be a secondary goal.
Now for the good news. The Ryan Budget does satisfy the Golden Rule of fiscal policy. As you can see in the chart, federal spending grows by an average of 3.4 percent annually, and that modest bit of fiscal discipline is enough to reduce the burden of government spending to 19.1 percent of economic output by 2023.

Jack Lew’s Cayman Adventure
Written by Daniel J. Mitchell, a senior fellow at the Cato Institute. Posted with permission from Cato @ Liberty.
Every so often you get a “teaching moment” in Washington. We now have one excellent example, as President Obama’s nominee for treasury secretary has been caught with his hand in the “tax haven” cookie jar. Mr. Lew not only invested some of his own money in a Cayman-based fund, he also was in charge of a Citi Bank division that had over 100 Cayman-domiciled funds. This provides an opportunity to educate lawmakers about the “offshore” world.
As you can imagine, Republicans are having some fun with this issue. Mitt Romney was subjected to a lot of class warfare demagoguery during the 2012 campaign because he had invested some of his wealth in a Cayman fund. GOPers are now hoisting Lew on a petard and grilling him about the obvious hypocrisy of a “progressive” utilizing—both personally and professionally—a jurisdiction that commits the unforgivable crime of not imposing income tax.
The ‘New Normal’ of High Unemployment
Written by Daniel J. Mitchell, a senior fellow at the Cato Institute. Posted with permission from Cato @ Liberty.
I almost feel sorry for the Obama administration’s spin doctors. Every month, they probably wait for the unemployment numbers from the Bureau of Labor Statistics with the same level of excitement that people on death row wait for their execution date.
This has been going on for a while, and today’s new data provide another good example.
As the chart below indicates, the White House promised that the unemployment rate today would be almost 5 percent if we enacted the so-called stimulus back in 2009. Instead, the new numbers show that the jobless rate is 7.9 percent, almost 3.0 percentage points higher.
I enjoy using this chart to indict Obamanomics, in part because it’s a two-fer. I get to criticize the administration’s economic record, and I simultaneously get to take a jab at Keynesian spending schemes.
What’s not to love?
That being said, I don’t think the above chart is completely persuasive. The White House argues, with some justification, that these data simply show that they underestimated the initial severity of the recession. There’s some truth to that, and I’ll be the first to admit that it wouldn’t be fair to blame Obama for a bleak trendline that existed when he took office (but I will blame him for continuing George W. Bush’s policies of excessive spending and costly intervention).
That’s why I think the data from the Minneapolis Federal Reserve are more damning. They show all the recessions and recoveries in the post-World War II era, which presumably provides a more neutral benchmark with which to judge the Obama record.
Based on a Review of Studies Looking at the Impact of Taxes on Growth, Academic Research Gives Obama a Record of 0-23-3
Written by Daniel J. Mitchell, a senior fellow at the Cato Institute. Posted with permission from Cato @ Liberty.
How do you define a terrible team? No, this isn’t going to be a joke about Notre Dame foolishly thinking it could match up against a team from the Southeastern Conference in college football’s national title game (though the Irish win the contest for prettiest make-believe girlfriends).
I’m asking the question because a winless record is usually a good indication of a team that doesn’t know what it’s doing and is in over its head.
With that in mind, and given the White House’s position that class warfare taxation is good fiscal policy, how should we interpret a recent publication from the Tax Foundation, which reviews the academic research on taxes and growth and doesn’t find a single study supporting the notion that higher tax rates are good for prosperity.
None. Zero. Nada. Zilch.
Twenty-three studies found a negative relationship between taxes and growth, by contrast, while three studies didn’t find any relationship.
For those keeping score at home, that’s a score of 0-23-3 for the view espoused by the Obama Administration.
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