Are Government Regulations Inherently Illegitimate?

Posted on November 29, 2012 by Jim

In the TOS blog, Michael A. LaFerrera has a post titled, “Where does Valid Law End and Regulation Begin?”  It is a relevant question with an easy answer, but the post’s analysis totally misses the mark in my opinion.

The post’s conclusion is that government regulation per se is inherently illegitimate; I find that conclusion to be untenable.  To illustrate, let me point to a couple examples of legitimate regulations:

  • There is a body of regulations related to the process for filing a patent which establish the procedures for executing relevant statutes.
  • There is a body of regulations related to executing multiple statutes covering the administration of government contracting.
  • Some regulations protect an individual’s due process rights by establishing procedures to challenge executive decisions.

Perhaps there is some context that should be explicit in LaFerrera’s post; however, the title of the post makes its intent seem to be a broad evaluation of government regulation.

Looking at problems that are actually happening with government regulations in reality, the following  broad criticisms of federal regulation could be made correctly:

  • Congress by statute delegates too much regulatory discretion to the executive branch,
  • Congress fails to exercise sufficient oversight, including making statutory reforms, related to executive rule making and implementation,
  • Congress fails during statutory reauthorization to make sufficient investigation of and corrections to regulatory excesses,
  • the Supreme Court, through its decision in Chevron v. Natural Resources Defense Council (1984), defaulted on its responsibility to extend individuals judicial protection from executive abuses by regulation and bureaucracy, and
  • statutory waiver discretion granted to the executive by Congress moves us from the rule of law toward the rule of men.

Based upon the specific examples cited in LaFerrera’s post, it seems that the issue he is attempting to identify relates to government regulations implementing non-objective laws; if so, the non-objective laws are to blame and not the regulations.  This error misses the cause while focusing on an effect, which obstructs from actually solving the problem.

Posted in Congress, President, The Courts | Tagged , | 5 Comments

Raise Medicare Payroll Taxes on Employees

Posted on November 26, 2012 by Jim

With negotiations continuing in Congress related to the fiscal crisis that Congress has caused, I want to add an alternative to the debate.  I say that we should substantially increase employee payroll tax rates designated to Medicare.

Let’s put this in context.  I read earlier today that Medicare is 15% of federal spending and set to grow to 19%.  It is a popular government program that is racing to bankruptcy as expenses are outpacing liabilities.  Paying for government expenses through taxation is a better solution than paying for them with debt and devaluing the currency.

Therefore, I recommend that we increase Medicare payroll taxes to fund that program.  However, this tax burden should fall solely upon the employees, who so favor Medicare; it is easy to favor a program for which one does not actually pay the full price.  Further, this tax level should be automatically indexed to expected Medicare expenses so that the tax rate will rise as more money is spent on Medicare and lower if Medicare expenses reduce.

While employers currently match Medicare payroll taxes paid by the employee, these increase in taxes should not be assessed to employers.  Why?  Increasing employer taxes on wages will reduce employment, economic grow, wage growth, and tax revenue; only a vindictive imbecile would support such indirect taxation, which harms workers.  In fact, current Medicare taxes paid by employers should be shifted on to the employees as part of a strategy to reduce the penalty our government puts upon employers for hiring.

If you want both jobs and Medicare, then support this call for yourself to pay your actual share of this liability by increasing the taxes withheld from your paycheck for Medicare.  According to the federal government, Medicare is your “insurance” so shouldn’t you pay for it, if you support the program.

Personally, I oppose Medicare; I think that it should be phased out through an orderly transition.  If I could opt out of it, I selfishly would, but thuggish supporters of the program will not allow me as an individual to exercise my independent judgment and opt out.  Given no choice about whether to pay for this program, I advocate raising Medicare payroll taxes on employees to pay for it so that its supporters will actually pay Medicare’s actual costs.

If you support Medicare, pay for it yourself from your own paycheck.

Posted in Congress | Tagged , | 1 Comment

Today is Reason’s Harvest, not Black Friday

Posted on November 23, 2012 by Jim

If you follow Selfish Citizenship on Facebook and Twitter, then you received an advance reminder that today is Reason’s Harvest, the day after the American Thanksgiving – a.k.a. Black Friday.  I had a great one; what about you?

What is Reason’s Harvest?

Several years ago, Paul McKeever, who is the leader of Freedom Party in Ontario Canada, introduced the idea of Reason’s Harvest as a counter to the public condemnation by collectivists against the traditional shopping in the day following the American Thanksgiving holiday.

McKeever identified the essential elements of the day as reason, production, and trade.  Further, he advised that these essentials should be celebrated on that day conspicuously, and that you should actively and selfishly thank yourself for your virtue as part of that celebration.

How does one celebrate Reason’s Harvest?

First, be productive!! If you work, then earn as much money as you can.  If you are a student, then productively apply yourself to learning and studying the skills and knowledge that you will apply to your career.  If you are super active raising the kids, then thoughtfully apply yourself to developing future great people.  Whatever you do, be productive in your context to create value.

Second, trade.  The money in your pocket is a consequence of productivity; exchange it with other productive people so as to enhance your life with the values that they produced.  Which values?  The ones that are selfishly valuable to you for your life.

Why celebrate Reason’s Harvest?

While the relationship between reason, productivity, and values seems obvious, our culture is in the process of blanking out those truths.  This is evident in politics, where our politicians play Santa with the consequences of other people’s production; however, their immoral behavior is a consequence and not a cause.

The expansion of individual virtue is the cure to the wasting corruption that afflicts our polity.  The conscious, conspicuous celebration of our virtues is needed to expand virtue in our own lives.  So actively exercise your virtues, and thank yourself for making that choice.

Posted in Holiday | Tagged , , , , , , , | 1 Comment

Top 4 Lessons from Election Day 2012

Posted on November 7, 2012 by Jim

What does yesterday’s election mean?  SNAFU – situation normal all fucked up.

Let’s look at the federal results: (1) incumbent President re-elected, (2) no net change to party strength in the Senate, and (3) Republican majority retained in the House.  The American electorate has chosen the status quo of divided government, which means what?

#1 No Tax Increases

As tax measures originate in the House, the re-election of a Republican House majority that has refused to raise tax rates means that the American people have rejected President Obama’s campaign to increase taxes.  If the electorate favored higher taxes, it could have simply supported Pelosi for another go at the Speakership, which it did not do.

Reportedly, presumed Speaker Boehner has said that he would be willing to negotiate increased tax revenue, but only if those higher revenues were the consequence of economic growth through the reduction of tax rates, closing coercive tax deductions, and simplifying the tax code.

There are a number of temporary tax reductions that are soon set for expiration such as the “Bush” tax cuts, and the reduction in destructive Social Security payroll taxes.  There is a danger that the President will misread the election results and veto congressional action to extend these temporary tax cuts; as these will be de facto increases in taxes upon the middle class, President Obama will start breaking recent campaign promises early.

#2 Investigations of Obama Administration corruption, but no impeachment

Second terms are notoriously harmful to the reputation and legacy of our Presidents as past malfeasance in office is pushed beyond the election and comes back to harm Presidents who evaded the consequences of bad actions within their Administration.  By electing a House from the party in opposition to the President, the American electorate is inviting aggressive oversight and investigation into executive branch abuses of power; however, a Senate controlled by the President’s party is a direction from the electorate to not pursue impeachment.

#3 Electorate trusts neither the Democrats nor the Republicans

In opting for divided government, the American electorate has sent a clear message that neither party is trusted with power.  Unified government under George W. Bush and Barack Obama was attempting and ended by the American electorate to punish the party for failing to attend to the country’s urgent priorities.  Given the fiscal crisis, which Congress has created over decades, we will be dependent upon these parties coming to a mutual agreement to reduce federal spending and eliminate the punitive aspects of our tax code, which cripples American productivity.

#4 Electorate chooses experience over undifferentiated change

As a candidate, Romney failed to differentiate himself in a positive way from President Obama on the urgent priorities that confront our government.  Given a choice between experience in President Obama and change for change sake in Romney, the American electorate opted for experience.  Instead of a disruptive transition in the executive branch, President Obama and essentially the same Congress have been tasked to immediately get back to the job that they failed to do before the election.  No reset, no new faces to rehash what has already been done, just a firm command to get off their asses and do their jobs related to the fiscal cliff that they had pushed to after the election.

Overall, the election was a rejection of President Obama’s principle campaign promise (higher taxes) and of the Republicans for failing to provide a reasonable alternative to the dangerous Democrats.  While I disagreed about particulars, the American electorate actually made a coherent and responsible statement about American politics and government on Election Day.

Posted in Congress, Election | Tagged , , , , , , , , , , , | 2 Comments

My Top 3 Selfish Reasons for My Voting Romney

Posted on November 5, 2012 by Jim

On Election Day, I will be voting for Romney; while I would like you to do so as well, most importantly, I want you to vote selfishly, which candidate will be more beneficial to your life, in its full scope.

Personally, there are three main reasons for my selection.

#1 My productivity

The election of Pelosi to the Speakership in 2006 resulted in my going on strike from my industry two years later.  I found during the Obama Administration and the contraction of the economy that opportunities to build in other industries were curtailed by arbitrary changes from the Congress and Obama Administration.  I am sick of it; I love working; I want to build again; and that cannot happen legally if Obama remains President.

#2 My daughters’ future

Both of my daughters have chosen health care for their profession because that is where their passion is.  Under the current federal regulations of health care, their future industry will be destroyed.  Obamacare must be repealed and that requires a President who will not veto legislation to do so.  My daughters’ ancestors were slaves, and that should not be legally lowered to that enthralled status because they have a talent and passion for improving the lives of the ill.

#3 The Presidency should not be vacant

Clint Eastwood was correct in his illusion to Obama being an empty chair.  Obama is a second-hand mind who is moved by the Congress, bureaucracy, and his party.  Within our constitution, the President is a unique and vital position.  President Obama has demonstrated that he is not up to that job.

Posted in Election | Tagged , , | 1 Comment