Categories
General

A False Dichotomy


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I have never been a fan of Rush Limbaugh or Governor Huntsman which makes the false dichotomy presented here all the more ironic for me.

Rush Limbaugh told a recent gathering of conservatives that the party needed to return to its conservative roots to start winning again.

But Huntsman has been attracting national attention as a moderate, thanks to his support of climate change and civil unions and condemnation of his party’s lack of alternatives to the Democrat’s federal stimulus package.

"The poll shows a majority of Americans are in line with the governor’s belief that we need solution-oriented leaders," Huntsman spokeswoman Lisa Roskelley said, . . . "the governor feels it’s important to look at the party in a more inclusive way."

The suggestion that the Republican party must be more conservative or more inclusive perpetuates the myth of the single axis political grid. The truth is that Rush represents a certain brand of conservatism and pushing that single brand to be more prominent in the party is what makes the party less inclusive. Whatever disagreements I may have with my governor, Huntsman is absolutely right that we need to focus on finding solution oriented leaders in the GOP. That does not mean that we have to abandon our principles.

To be fair, it is the article and not necessarily the governor that is suggesting that a solution oriented approach is incompatible with an adherance to conservative principles.

Categories
State technology

Predictable Responses


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As newspaper Editorial Boards begin to write about SB 208 their positions mirror what I called the tip of the iceberg and what we expected on the day that SB 208 was announced. In fact, one might almost wonder in passing if the editorial in the Standard Examiner was written by the same person who wrote the editorial in the Deseret News. Both dismiss the idea that they oppose this because it cuts into the revenue they get from publishing legal notices and both suggest that a state run website would not treat all legal notices equally. Also, neither editorial mentioned that this website would help city governments and citizens to save money on all the legal notices that they are required to publish. Essentially all their objections boil down to scare tactics as shown by this response to the Standard Examiner editorial.

As I read the Deseret News version I had a thought about an amendment to the bill that would expose the sincerity of the newspapers in their "public service" claim for opposing this. If the bill were amended to stipulate that the legal notices website allow bulk uploads of legal notices from entities such as newspapers (at bulk rates), and also allow a feed or other source for newspapers to print or otherwise republish the notices from that site (if they so choose) then I can see no reason for newspapers to object – besides the revenue competition. If the papers really are not afraid of the competition – if they honestly believe they are opposing this on public service grounds – they should simply offer to post on the state website any legal notices they receive so that their service complies with the new law (assuming it passes).

The Deseret News also provided two claims that need to be debunked.

In addition, as any Web surfer can attest, Web sites are not dependable. They are subject to technical issues, and they don’t make a reliable and enduring archivable record the way newspapers do.

As a long-time web developer I can say that whatever temporary glitches a website may have does not change the fact that web sites can produce reliable and enduring archivable records. In fact, the most reliable archivable records of newspapers are digital. For proof of that simply go look at archive.org. I can pull up old websites of mine that I know no longer exist on any computer where I ever published them. Even if a government site went down it is not likely that it would be lost.

The bill claims it would cost the state nothing. However, Web sites require considerable maintenance and personnel. Even if this new site were to fall under existing state government Web services, it still would cost taxpayers. Newspapers, on the other hand, store and archive data for nothing other than the cost of a legal notice.

This statement completely ignores what was actually said when SB 208 was first unveiled. The site would not cost taxpayers anything not because Sen. Urquhart is ignoring the cost of running a site, but because the site would charge a nominal fee to cover the costs of the website.

I have nothing against the newspapers – sometimes they have useful information – but they have yet to show a solid reason why they deserve a captive market for legal notices. To prove that, I would encourage a removal of the cap on what they can charge for legal notices (this would be even more broad than what they are pushing for in SB 161) if SB 208 is passed.

Categories
National

Orrin at the Bully Pulpit


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As soon as I read the title, D.C. voting act is best way to ensure that Utah gets its 4th seat, I knew we were in for more misinformation. To then go to the article and find that it was written by Senator Hatch was a pleasant surprise – I had been afraid that it was another editorial board capitulating to his "expertise."

Most of the article reiterates the arguments that got me writing last time but there are a few new twists that should be corrected. Many, like me, argue that due to our high growth Utah is assured of another seat after the 2010 census. Orrin answers that "Utah is the fastest-growing state since 2007, but not since the last census." That is damning to the very bill he’s peddling. Look at the language of the bill – it adds an extra seat for D.C. and for "the state next in line for a seat." That was Utah in 2000, but since we are not the fastest growing state since 2000 maybe it’s not Utah in 2010 – we could immediately lose our extra seat after the census if Utah really was not growing as fast as we thought.

America’s founders did what the bill would do today. Virginia and Maryland ceded land for the District in 1788. Until the District was formally established in 1800, Congress treated Americans living on that land as if they still lived in a state so they could be represented in Congress.

We should clarify that between 1788 and 1800 the founders treated Americans living in those ceded lands as if they still lived in the state which had ceded the land – not as an independent political entity – so they could be represented in Congress. That’s more like the idea being promoted by Rep. Chaffetz.

Apparently Orrin thinks that Congress has authority over the Constitution:

. . . the courts have ruled that Congress can use its legislative authority over the District "in all cases whatsoever" to accomplish there what the Constitution accomplishes for states.

It is true that Congress has legislative authority over the District "in all cases whatsoever" but Congress does not have authority to redefine the Constitution simply because it involves the District. The Constitution talks about apportioning tazes among the citizens of the states, but it does not prohibit Congress from taxing the district over which they have exclusive legislative authority. It does not allow Congress, however, to stipulate the nature of Congress – that requires a Constitutional Amendment. That’s what we need, an amendment removing the cap on the size of Congress and stipulating a maximum size (in population) for a Congressional District. At the same time this amendment could grant voting representation to the citizens of any territory which pays federal taxes (or any other generic designation that would encompass D.C.).

Categories
National State

Orrin Depends on Sloppy Journalism


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The news media is supposed to help us make sense of the world around us, but to a large degree most news organizations have relegated themselves to being nothing more than data streams. A perfect example today comes with the news regarding the D.C. Voting rights bill that Orrin Hatch introduced (again) yesterday. In the Washington Watch section of today’s Utah Policy we get news of the event with no analysis and a mention of, but no link to, the press release. They manage to quote Hatch as he contradicts himself (I’ll get to that in a minute) but offer no analysis or context. The Washington Post covers the story in a biased fashion, but at least in their case we could expect that as Washington has everything to gain and nothing to lose by this bill. Simply put, the residents of D.C. have a legitimate complaint and they would rather compromise on the issue than take the time to make the change in the right way. The compromise is that they offer to help Utah to a temporary solution to Utah’s legitimate concern of being denied a seat in conjunction with a permanent solution to their predicament. Looking at the Deseret News coverage we find the story played as a tussle between Hatch and Jason Chaffetz but still little analysis of the merits of the bill.

Let’s see what analysis of the merits of the bill would tell us.

The residents of D.C. have a legitimate grievance about their lack of voting representation in the House. The proper solution would be an amendment that would grant voting representation in the House to the citizens of any territory that pays federal taxes, or returning the residential portions of D.C. to Maryland as suggested by Rep. Chaffetz  – this bill does neither of those things. Likewise Utah has a legitimate complaint about being denied another seat after the 2000 census. The proper solution is our pursuit of a redress through the judicial system and a bill to examine and improve the methodology of counting for the census as well as growing our way outside the margin of error in the census system. We have the growth, we pursued the judicial relief, and this bill does not address the census methodologies in any way.

Let’s see what sloppy journalism ignores in Hatch’s statement.

While the 2010 census and reapportionment might provide Utah an additional seat, the failure of the 2000 process showed that this is not a sure thing. This bill maximizes the chances of securing an additional seat for Utah, which has had one of the country’s fastest growth rates since the last census.

I have no doubt that when Hatch spoke he emphasized the word "might" regarding Utah gaining another seat after the 2010 census. Somehow he can get away with saying that, and admitting that Utah has one of the fastest growing populations since the 2000 census, without anyone questioning in their stories how having one of the fastest growth rates in the country would allow us to still be below the margin for error in the next census.

For those who are wondering, the bill makes no mention of Utah. It provides two new seats in the House and assigns one to D.C. The supporters of the bill are trying to work fast before Utah gains their seat in the 2010 census because they aren’t willing to wait until Congress will give them what they deserve, which is representation in the house without resorting to a gimmick such as offering a balancing seat to poor, picked-on Utah. They also fear that after 2010 there will not be a Republican state with a legitimate grievance about their apportionment of representatives. I understand that legislation is dependent on the art of compromise, and rightly so in most cases, but gimmicks are not the same thing as compromise.

Orrin is not representing the interests of his constituents – he’s simply representing the interests of some of his friends in Washington. If that were not the case he would not have to lie to us and say  that we might not get our deserved representation from the 2010 census.

Categories
Local State

Legislative Accountability


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John Florez has a good perspective on what constitutes True government accountability and the forces that work against citizens from receiving the benefits of that accountability. I thought his comparison of the legislature to a corporate board of directors was very apt. My thoughts were sparked by the following statement:

This year, with new legislative leadership, might be a good one to spend more time holding oversight hearings on how effective certain state departments are in solving the problems they were created to resolve — their legislative mandate. . .

For legislators to start asking the tough questions to hold state departments accountable puts their political seat at risk because they threaten and have to fend off special-interest groups that benefit from maintaining the agency status quo. Therefore, it’s critical that legislators, in very real ways, know the public will support them when they hold oversight hearings regarding agencies’ effectiveness and demonstrate what returns taxpayers are getting on their investment. For legislators, those are tough calls but vital in keeping our government working in the public’s interest.

Oversight hearings would provide the openness and accountability in our government that we all want.

Bureaucratic momentum is a powerful force and tends to discourage any real accountability. The first priority of any institution is survival, not the fulfilling of any legislative mandate. Because of that, government bureaucracies have become very adept at promoting their own survival and continuation. In fact, they have learned how to turn failure and ineffectiveness into a tool for budgetary and institutional growth. Bureaucrats have long practice at befriending legislators and promoting their perspectives so that those legislators will be disposed to grant them their budgetary and policy requests. The fact that government jobs are considered to be a very safe area of employment is a testament to how effective their survival tactics usually are.

Despite all these advantages for institutional continuance, I see a glimmer of hope. If legislators will actively seek to cultivate their relationships with the group of voters that they represent they can preempt the ability of any special interest groups to unseat them for asking tough questions when holding real oversight hearings.

Constituents can show that they will support their legislators by being vocal in requesting real accountability and in vocally supporting their legislators through the legislative process. If they do so the legislators should have confidence that they can ask tough questions and demand accountability without fear that doing so will cost them their seats.

As constituents it is to our advantage to focus our efforts on those who represent us. If we voted for our representatives we should have done so because we believe in what they are said they would do, and if we did not vote for them we should be letting them know what we want from our representative. Many politicians say that they intend to represent those who opposed them as well as those who voted for them, but if we do not communicate with our representatives, whether we voted for them or not, they are not able to accurately represent us.

I have found that my efforts are much more rewarded by contacting my representatives, whether I voted for them or not, than if I spend my time shouting into space about what the legislature as a whole should be doing.

Categories
National State

“Free Market” Health Care


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The call for Lawyers to join health-reform efforts was a not so subtle reminder to me about how "free" our health care market is currently. We can’t really pretend that the cost of services or the services rendered are determined by patients and providers. In fact, they are not even determined by a combination of patients, providers, and insurance interests.

Malpractice lawsuits, whether as threat or reality, skew a provider’s treatment decisions to the legal safe side, members of the Legislature’s Health Care System Reform Task Force were told Tuesday. That approach, in turn, adds to the amount of redundant testing and is a significant but so far unaddressed factor in the reform process.

The cost of malpractice-insurance premiums for providers also is rising rapidly, Rep. Gregory Bell, R-Fruit Heights, and an attorney, told fellow task force members.

We have developed a pricing and practice environment based on a staggering concoction of laws, medical knowledge, middlemen, and advertising. Patients may demand unnecessary services or medications based on what they hear from advertisements. They may also have unreasonable expectations regarding how flawless our medical system is or should be – in other words, they may feel entitled to compensation for unavoidable tragedies. Governments step in to define what "unavoidable" means by specifying standards of practice which may bear little connection to medical necessity. Insurance companies can, by choice or accident, inflate the costs by demanding standards of practice and levels of compensation that can’t possibly take into account all the factors that should define the practice of health care and the commensurate compensation for care.

Care must cost more when malpractice insurance rates rise. Prices will increase when the salaries and profits of insurance companies must also be covered in the process of receiving health care. Checks against unnecessary care will disappear when those receiving care are not sensitive to the costs of individual procedures. Medical decisions will be skewed when manufacturers provide kickbacks to doctors and advertise their wares directly to customers who have no medical background.

While we use the Brass Serpent (the Nehushtan) as the symbol for the field of medicine we might find it convenient to use the Hydra as a symbol of the cost of health care.

The Hydra - photo by Craig Stephen
Hydra – photo by Craig Stephen

Somehow we need to slay this monster but while the sword of government may have a place in the battle it is not sufficient to complete the task – by itself the sword of government makes the monster more dangerous.

Categories
National

We Must Do Better


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There has been no shortage of opposition to the hastily proposed $700 Billion Gift Card (Chris Suellentrop provides a nice rundown) – unfortunately little of the real opposition comes from members of Congress. Our own Senator Bennett has flipped from being wary to being supportive because, as every elected official knows, foolish action is better than rational inaction where re-election is concerned.

We are lucky right now to have a divided government – at least there is an initial reaction of shock from the Democrats at the lack of thought that has gone into the initial proposal. Democrats want to add in a few more dubious provisions, but at least they also want to provide some oversight in the process as well. The Republican leadership does not want any delay:

"When there’s a fire in your kitchen threatening to burn down your home, you don’t want someone stopping the firefighters on the way and demanding they hand out smoke detectors first or lecturing you about the hazards of keeping paint in the basement," Senator Mitch McConnell of Kentucky, the Republican leader, said in a speech on the Senate floor. "You want them to put out the fire before it burns down your home and everything you’ve saved for your whole life."

That analogy fits the goals of the administrations and their MO but it misses the actual situation. The truth is that a few houses have already burned down and others are smoldering in the neighborhood. In response, this fire department is proposing to break the dam above the town to quickly douse the neighborhood without considering the extra flood damage that may result and the fact that their action could weaken or destroy properties that are not currently in danger. They are so busy trying to look heroic by taking drastic action that they have failed to consider any minimal rational restraint in their proposal.

For those who are not afflicted by D.C. Myopia, the holes in the plan are gaping (Jay Evensen and Jason Linkins) and there are many better options being presented in short order. Paul Krugman astutely asks:

The premise of the Paulson plan– though never stated bluntly — is that these assets are hugely underpriced, so that Uncle Sam can buy them at prices that help the financial industry a lot, without big losses for taxpayers. Are you prepared to bet $700 billion on that premise?

I’m not – I wouldn’t bet $10 on that.

Sebastian Mallaby is generous enough to illustrate two alternative proposals by academics that carry lower risks and higher potential returns for taxpayers.

Within hours of the Treasury announcement Friday, economists had proposed preferable alternatives. Their core insight is that it is better to boost the banking system by increasing its capital than by reducing its loans. Given a fatter capital cushion, banks would have time to dispose of the bad loans in an orderly fashion. Taxpayers would be spared the experience of wandering into a bad-loan bazaar and being ripped off by every merchant.

Raghuram Rajan and Luigi Zingales of the University of Chicago suggest ways to force the banks to raise capital without tapping the taxpayers. First, the government should tell banks to cancel all dividend payments. . . Second, the government should tell all healthy banks to issue new equity. Again, banks resist doing this because they don’t want to signal weakness. . . A government order could cut through these obstacles.

Meanwhile, Charles Calomiris of Columbia University and Douglas Elmendorf of the Brookings Institution have offered versions of another idea. The government should help not by buying banks’ bad loans but by buying equity stakes in the banks themselves. Whereas it’s horribly complicated to value bad loans, banks have share prices you can look up in seconds . . . The share prices of banks that recovered would rise, compensating taxpayers for losses on their stakes in the banks that eventually went under.

Mallaby also points out the difference between the Paulson Proposal and the Resolution Trust Corporation that it might be compared to:

The RTC collected and eventually sold off loans made by thrifts that had gone bust. The administration proposes to buy up bad loans before the lenders go bust. This difference raises several questions.

The first is whether the bailout is necessary. In 1989, there was no choice. The federal government insured the thrifts, so when they failed, the feds were left holding their loans; the RTC’s job was simply to get rid of them. But in buying bad loans before banks fail, the Bush administration would be signing up for a financial war of choice.

Despite the widespread opposition to this knee-jerk reaction in Washington (I’ve only linked to 5 examples) I fear that the bill that gets passed all too quickly will look almost exactly like the one Secetary Paulson proposed. I think government is the only institution that can consistently be efficient where they should be deliberative and inefficient in all other things.

Please take the time to contact your Congressional representatives to encourage them to slow down on this and avoid a few of the gaping potholes before them.

Categories
culture

Living a Statistical Anomaly


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It seems that our more recent history (the last 50 years) has clouded our perceptions of immigration, integration, and what it means to be an American. Though we still talk about our nation being a melting pot, we seem to be treating those of other ethnicities as if their presence is a handout from those of us who are “real Americans.” We have come to think of our country as a white society, generally of Western European descent, where we allow minority groups to live among us (or at least vaguely near us) without fear of physical violence (generally). In discussing the fact that whites are soon to become nothing more than the largest plurality in our nation, we get a dose of historical perspective to digest:

“They (baby boomers) grew up during the whitest, most homogenous period racially and ethnically in our country in the last century,” said University of Utah research economist Pam Perlich.

“It will not be the same experience growing up in Utah now as it was 50, 40 or even 30 years ago. It never will be again.”

While whites have always been the largest single ethnicity among our population, this nation was founded on the principle that everyone was welcome to be here, even if we seemed to be a bit clannish.

Throughout American history we have always had large groups of “outsiders” joining in the American experiment. Catholics were outside the mainstream of American life for many years. The Irish were frowned upon as they started immigrating in large numbers, same with the Germans. Though we publicly shut our eyes for centuries to the realities of blacks being mistreated (and worse), we have always had a significant portion of our population who were of African descent. We had sizable populations of Oriental people and other various ethnicities before we started implementing immigration quotas and before we started persecuting and segregating those of Japanese descent in reaction to the beginning of WWII.

For the last couple of decades we have struggled with and often opposed the immigration of Hispanics as if such an immigration tendency were a new challenge to our nation. We forget that Hispanics were a much larger portion of our citizenry before the Mexican Repatriation of the 1930’s. We also ignore the fact that immigration is the oldest pattern in our cultural heritage and though it does include some challenges it is a pattern that defines who we are and keeps us from becoming like the Kurds, the Nazis, the Arabs, or the Hutus – unable to live in a culture of mixed ethnicities.

Natural-born Americans need to recognize that the consistent mixture and remixture of cultures is not only natural and unavoidable, but that it is even desireable. On the other hand, the immigrants of today need to look to the lessons of history and realize that segregating themselves by refusing to adopt a common language is a recipe for disaster. Even worse is obviously or even subtly insisting on substituting their native language for the common language of their adopted country.

If we are to once again become the melting pot that we have always claimed to be we must insist on an open immigration policy and those who enter our country must either acknowledge that they are guests (meaning that they leave after the purpose of their visit is met) or else they must adopt their new country and become a part of the great American family – that means actively seeking integration and citizenship so that they may become a part of “us” no matter what differences they may bring with them.

Categories
State

An Informed View of Congestion-Pricing


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I always like to see when someone with lots more information and better credentials than me comes to the same conclusion on an issue that I have come to. In this case it is Michael R. Brown stating that Congestion-pricing positives outweigh negatives. Mr. Brown is a Certified Transportation Planner and he has been participating in a study on the issue of implementing congestion pricing along the Wasatch Front. One thing he does that I have never thought about is to define the fundamental difference between standard tolls and congestion pricing:

The purpose of tolls is to provide revenue to pay off construction bonds. You pay even when there is no congestion. It amounts to unfair taxation. The purpose of congestion pricing is primarily to ensure the freeways do not fall below 60 mph. At times or places where that wouldn’t be an issue, then the price can be free. (emphasis added)

Secondly he provides his personal top 10 list for the advantages of using congestion-pricing:

  • (10) More use of off-peak capacity
  • (9) Increased transit usage
  • (8) Increased capacity
  • (7) Reduction of side-street spill-over
  • (6) Point A becomes closer to point B
  • (5) Fuel is saved, air quality improved and carbon dioxide reduced
  • (4) Economic competitiveness
  • (3) “Tragedy of commons” is avoided
  • (2) Generates revenue.
  • (1) More productivity

I like the list he presents except that  #6 seems a bit ethereal to me. (This comment seems to be a good clarification of #6.) If you don’t like his list I would recommend reading his version (which includes some explanations) before settling on an opinion.

Categories
State

Self-Policing Lobbyists


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Often lost in discussions about ethics legislation and lobbyist influence is the fact that there is a legitimate value that lobbyists can bring to the legislative process. I’m in favor of making solid rules of ethics for legislators and lobbyists without removing lobbyists altogether. With that perspective, I really enjoyed this Deseret News story about a lobbyist who carefully limits the money he spends on legislators.

While some lobbyists often take lawmakers to Utah Jazz games — all good seats are over $50 — or to expensive restaurants, {Paul} Rogers is one of a growing number of lobbyists who works in more modest means, even if they have the wherewithal to spend more on legislators.

“My firm, Tetris, has season Jazz tickets. We use those for ourselves and our families. I’m finding that many legislators don’t want those (more expensive gifts),” Rogers said.

One thing I have always believed is that buying a meal for a legislator as a way to sit down with them is generally a perfectly reasonable “gift” for a lobbyist to give a legislator. If our $50 cap on anonymous gift is encouraging lobbyists and legislators to limit their financial back-scratching to such meals then I am pleased with that rule.

I would not consider this to be sufficient evidence that we do not need any more ethics legislation, but I do see it as a good sign that it is possible to have reasonable restrictions to discourage excessive use of gifts for legislators.