Now Is The Time For Congress To Pass The FairTax by Rep. Ander Crenshaw (FL-4)

With America’s April 15 tax filing day just a couple days behind us, I must reiterate my strong support for passage of the FairTax Act of 2013. American individuals and businesses spend roughly $265 billion and over 6 billion hours every year filing their tax returns.

This costly and complicated tax code has grown to over 3.8 million words and over 70,000 pages of burdensome regulations and loopholes. This amount of time and money can be better spent on growing the economy and creating jobs, and implementing the FairTax would help do just that.

Americans deserve to keep more of their paycheck in their wallets and bank accounts. The FairTax replaces the current federal tax code with a national sales tax on all goods and services sold in the United States. Federal income taxes, FICA payroll taxes, and the death tax would all be eliminated, and the Internal Revenue Service (IRS) would no longer be needed as the states would be in charge of collecting all revenue.

As Chairman of the House Financial Services and General Government Appropriations Subcommittee, my Subcommittee directly oversees the IRS budget. The IRS plays a critical role in our nation’s tax administration by providing services to help Americans comply with their tax obligations and pursuing those who are not paying their fair share.

However, the IRS is encumbered with the large task of processing over 237 million tax returns that result in the collection of $2.5 trillion in taxes and $373 billion in refunds annually for a price of over $11 billion annually in hard-earned taxpayer dollars. These are billions of dollars that Americans don’t need to be sending to Washington to fund big and costly government programs.

The FairTax protects the poor and treats everyone equally: no exemptions, no exclusions, no advantages.

People would be allowed to keep their entire paycheck and spend hard-earned dollars on ways that best suit them. In addition, consumers would see savings in the price of goods and services from no longer required hidden business taxes. And on the business side of the equation, labor costs are lowered by eliminating payroll taxes and allowing businesses to hire more workers.

A tax code that is simpler, fairer, and more competitive is what our country needs to spur economic growth. By adding the FairTax to the equation we give individuals, families, and businesses yet another tool to achieve economic peace of mind now and in the future.

In the end, citizens in Florida and across the country know best how to spend their money and deserve to keep more of it in their wallets and bank accounts. Congress needs to take action to make responsible fiscal policy changes that will help strengthen our Nation’s future. That means passing the FairTax sooner rather than later.

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FairTax Volunteer Spotlight – Tax Day

California volunteer State Director, Jim Donnell sent us a note about a Tax Day rally at the California State Capitol:

“The FairTax booth was a popular spot. We had over 90 people sign post cards to be sent off to their representatives in Congress urging them to support the FairTax. We handed out well over 100 FairTax fliers and handed out a bunch of FairTax pens. All in all we felt it was a very successful day. I also had an opportunity to speak to the crowd for about 10 minutes after which we had people lined up two and three deep wanting more information.

CA Tax DayHearty thanks to Jim and fellow FairTax volunteers John Depue, Frank Wagener, Kenneth Smith and Maxine Rodowicz for working so hard to make the event happen!The FairTax In the Media

Bi-partisanship and the tax code – Shreveport Times

…Obama, Speaker John Boehner and others all the way down on both sides of the aisle give the same talking points on the need for comprehensive tax reform. “We need to close loopholes.” “We need to make it more transparent.” “We need to simplify.”..

The Fair Tax Act is a bill currently in Congress that would do just that…

Well, if this is so good, why hasn’t Congress done it?

This goes back to the bi-partisan effort I started with. Those in leadership have too much invested in the tax code to let it go easily. They may bicker over many things, but even when their side is not in power, they can’t let it go hoping that they will have their turn again. The only two classes that truly exist are the political elite, and the rest of us. This is why “we the people” no matter our other issues or disagreements, must be non-partisan on this, and force them to do what is right.

Isn’t it time you got involved?

Town hall meeting focuses on tax reform – WHIZ News

A town hall meeting proposed the idea that the current tax system is flawed and a tax reform is needed.

The forum debated the difference between a flat tax and a fair tax. Speakers on both sides agreed that the forum will hopefully act as a way to change the tax system.

“This is a replacement for the system that’s already there, the federal income tax. What we propose to do under the fair tax is eliminate the income tax and eliminate the IRS and replace it with one simple retail sales tax,” said Steve Curtis, State Director with Americans for Fair Tax Ohio…

Curtis adds, “Our objective is to help people understand just how bad of a situation we’re in and give them an alternative.”

Understanding The FairTax Webinar

With April’s Additional Topic: The effect on seniors and retired people.

When: Thursday, April 24, 2014

Time: 8 pm Eastern, 7 pm Central, 6 pm Mountain, 5 pmPacific

Where: At your personal computer, anywhere!

Why: To provide a LIVE, interactive forum for people who cannot get to local meetings to learn about the FairTax and to present special topics that are frequently misunderstood or not generally discussed.

Who: Join Marc Manieri, Webinar Producer & Host from Orlando, Florida. Our webinars are vital to educating honest tax payers. We help build the knowledge base of those on the front lines as well as those wanting to know what the FairTax is about.

Join: To participate, register here and watch for the confirmation email. For more information contact Larry Walters at repeal_16@earthlink.net

RELATED STORY: IRS Caught in Bed With DOJ: New Documents Reveal Lerner Conspired with DOJ to Prosecute Conservative Groups

Urban Design and Social Complexity by SANDY IKEDA

Urban planning always risks draining the life out of what it tries to control.

This week’s column is drawn from a lecture I gave earlier this year at the University of Southern California on the occasion of the retirement of urban economist Peter Gordon.

One of my heroes is the urbanist Jane Jacobs, who taught me to appreciate the importance for entrepreneurial development of how public spaces—places where you expect to encounter strangers—are designed. And I learned from her that the more precise and comprehensive your image of a city is, the less likely that the place you’re imagining really is a city.

Jacobs grasped as well as any Austrian economist that complex social orders such as cities aren’t deliberately created and that they can’t be. They arise largely unplanned from the interaction of many people and many minds. In much the same way that Ludwig von Mises and F. A. Hayek understood the limits of government planning and design in the macroeconomy, Jacobs understood the limits of government planning and the design of public spaces for a living city, and that if governments ignore those limits, bad consequences will follow.

Planning As Taxidermy

Austrians use the term “spontaneous order” to describe the complex patterns of social interaction that arise unplanned when many minds interact. Examples of spontaneous order include markets, money, language, culture, and living cities great and small. In her The Economy of Cities, Jacobs defines a living city as “a settlement that generates its economic growth from its own local economy.” Living cities are hotbeds of creativity and they drive economic development.

There is a phrase she uses in her great work, The Life and Death of Great American Cities, that captures her attitude: “A city cannot be a work of art.” As she goes on to explain:

Artists, whatever their medium, make selections from the abounding materials of life, and organize these selections into works that are under the control of the artist . . . the essence of the process is disciplined, highly discriminatory selectivity from life. In relation to the inclusiveness and the literally endless intricacy of life, art is arbitrary, symbolic and abstracted. . . . To approach a city, or even a city neighborhood, as if it were a larger architectural problem, capable of being given order by converting it into a disciplined work of art, is to make the mistake of attempting to substitute art for life. The results of such profound confusion between art and life are neither art nor life. They are taxidermy.

So the problem confronting an urban planner, and indeed government planning of any sort, is how to avoid draining the life out of the thing you’re trying to control.

The Trade-Off Between Planning and Complexity

Viewing cities as spontaneous orders and not as works of art helps to explain the trade-off between scale and order. In general, I believe the larger the scale of a project, the fewer the discoveries and subtle connections the people who use that space will be able to make.

Placing an apartment building in a commercial block will change the character of that block in unpredictable ways, but the surrounding urban environment can usually absorb the repercussions and the problems are relatively small. A block-sized mall, however, constrains much further how people can use that space and has a disproportionately larger impact on the neighborhood. And a mega-project that takes up many blocks severely limits the diversity and range of the social connections, as it challenges the planner to substitute her genius for the genius of many ordinary people using their own local knowledge to solve problems only they may be aware of. Making something bigger increasingly limits what people can do and whom they can bump into in the space that it occupies. Scaling up narrows the range of the informal contacts that drive creativity and discovery.

And for a given size or scale of a project, the more the planner tries to predetermine the kind of activities the people who use it can do in it, the less likely that her design will complement the spontaneous contact that generates and diffuses new ideas. That’s what made a lot of traditional downtowns so important. Over time the combination of diverse uses of public space (in the sense I mean here) brought people with different skills and tastes together in large numbers. Design can of course complement that informal contact to a point, but beyond a fairly low level, human design begins to substitute for it.

Of course, small is not always beautiful, and big is sometimes unavoidable. But that makes it even more important that planners appreciate how ramping up scale and intensifying design influences a complex social order.

Private Planning Is Much More Limited in Scale

And I’m not just talking about government projects. Private projects could, in principle, have the same “taxidermic” impact on urban vitality. But as long as a planner’s design is small compared to the surrounding space, the loss of complexity and intricacy isn’t severe. It’s usually when government somehow subsidizes private projects, softening up the budget constraint, that the scale becomes massive and the downside very steep. An example of this can be found about a mile from where I live in New York. Barclays Center, the new home of the NBA’s Brooklyn Nets, grew to an enormous size once the local and state governments offered eminent domain and other large subsidies. Building on a massive scale in an already dense urban environment is typically too expensive, even for a wealthy private developer, without such legal privileges.

A planner can’t build an entire city (or neighborhood even) because she can’t begin to design and construct the necessary diversity and social intricacy that happens spontaneously in a living city. And I don’t think she should even try to because it can irreparably damage, even kill, the living flesh of a city. What can government do? In the ordinary course of its activities a government can perhaps at best refrain from doing the things that would thwart the emergence of the invisible social infrastructure that gives rise to that diversity, development, and genuine liveliness.

The rest is mostly taxidermy.

ABOUT SANDY IKEDA

Sandy Ikeda is an associate professor of economics at Purchase College, SUNY, and the author of The Dynamics of the Mixed Economy: Toward a Theory of Interventionism. He will be speaking at the FEE summer seminars “People Aren’t Pawns” and “Are Markets Just?

Retailers Head to Energy Boom States

Here’s an example of how the benefits of the shale energy boom radiate beyond the oil and gas industry. The Wall Street Journal reports that Home Depot opened only one store [subscription required] this past fiscal year, and it was in Minot, North Dakota, near the Bakken shale formation.

Home Depot went there because energy production is driving economic growth:

“If you had said to me seven years ago, you’ll be opening a store in Minot, North Dakota, I would have asked, Why?” Chief Executive Frank Blake said in an interview. “One of the great stories of the U.S. is the shale oil development, and it’s happening in areas where we don’t have a lot of stores now.”

Michael Glazer, CEO of Stage Stores, wishes his company had stores in North Dakota right now. He told the newspaper:

There’s a correlation between the energy boom and county employment rates. And wherever energy comes in, jobs follow and people spend more at our stores.

Look at North Dakota. Local writer Rob Port of SayAnythingBlog.com reports that because of the oil boom, North Dakota’s unemployment rate is 2.6%, while the nation’s unemployment rate stands at 6.7%.

He also posted a map showing that every county in the state saw at least 14% per-capital personal income growth from 2007-2012.

SayAnythingBlog_governingpersonalincomes_map

For a larger view click on the map.

It’s no wonder Home Depot has expanded there.

Other major retailers see these trends as well:

Home Depot is among a number of retailers including Wal-Mart Stores Inc. and GameStop Corp. targeting oil and gas towns in North Dakota, Texas and Louisiana, in an otherwise dour environment for retail real estate.

Natural Gas Intelligence reports that cities in or near energy-rich areas are growing the fastest, according to a Census Department study:

Of the nation’s 10 fastest-growing metropolitan statistical areas, six were within or near the Great Plains and near to some of the country’s largest oil and gas fields, including Odessa, TX; Midland, TX; Fargo, ND; Bismarck, ND; Casper, WY and Austin-Round Rock, TX.

The same was true of micropolitan statistical areas, those ranging in size from 10,000 to 50,000 people, near oil and gas development. Seven of the fastest growing micro-areas were located in or near the Great Plains, with Williston, ND, ranked first in growth, followed by Dickinson, ND, and Andrews, TX.

Jobs and economic growth created by increased domestic energy production are drawing people to these cities. Businesses follow.

States that aren’t sitting on top of energy deposits also benefit from the shale energy boom, according to a 2012 report by IHS for the U.S. Chamber’s Institute for 21st Century Energy. For example:

Among non-producing states, fabricated metal manufacturing in Illinois, software and information technology in Massachusetts, and financial services and insurance in Connecticut are examples of central players in the US unconventional oil and gas supply chain.

The report noted, “By 2035, unconventional oil and gas will add almost $475 billion dollars to the economies of the lower 48 US states.”

As seen by what’s happening in North Dakota, this growth will also ripple outward into the broader economy.

Regulation Nation: Federal Bureaucracy is as Busy as Ever

The shale energy boom may be taking place in North Dakota, Texas, Pennsylvania, and elsewhere. However, the Wall Street Journal editorial board notes that a less economically-helpful boom is happening in Washington, DC:

Washington set a new record in 2013 by issuing final rules consuming 26,417 pages in the Federal Register. While plenty of government employees deserve credit for this milestone, leadership matters. And by this measure President Obama has never been surpassed in the Oval Office.

The latest rule-making tally comes from the Competitive Enterprise Institute’s Wayne Crews, who on April 29 will publish his annual review of federal regulation in “Ten Thousand Commandments.” This is important work because politicians and the media treat regulation as a largely cost-free public good. Mr. Crews knows better.

Congress may be mired in gridlock, but the federal bureaucracy is busier than ever. In 2013 the Federal Register contained 3,659 “final” rules, which means they now must be obeyed, and 2,594 proposed rules on their way to becoming orders from political headquarters.

The Federal Register finished 2013 at 79,311 pages, the fourth highest total in history. That didn’t match President Obama’s 2010 all-time record of 81,405 pages. But Mr. Obama can console himself by noting that of the five highest Federal Register page counts, four have occurred on his watch. The other was 79,435 pages under President George W. Bush in 2008.

And the feds aren’t letting up. Mr. Crews reports that there are another 3,305 regulations moving through the pipeline on their way to being imposed. One hundred and ninety-one of those are “economically significant” rules, which are defined as having costs of at least $100 million a year. Keep in mind that the feds routinely low-ball their cost estimates so the public will continue to think regulation is free.

Federal agencies are hard at work writing more rules to implement Dodd-Frank, Obamacare, and environmental laws. “By far their greatest and most tragic cost has been slower economic growth, which has meant fewer jobs, lower incomes and diminished economic possibilities for tens of millions of Americans,” writes the editorial.

Our modern economy needs a revamped, transparent, balanced, and accountable regulatory system so businesses have more certainty to invest and hire workers.

My colleague Sheryll Poe put together this infographic to summarize the editorial.

[via memeorandum]

 

ALEC Report: Rich States, Poor States, 2014 Edition

2014-economic-outlook-rankings1-248x353

Click on the image to download a free copy of Rich States, Poor States 2014 Edition.

The American Legislative Exchange Council (ALEC) has released its 2014 edition of Rich States, Poor States: State Economic Competitiveness Index.  Throughout the country, states are looking for ways to energize their economies and become more competitive. Each state confronts this task with a set of policy decisions unique to their own situation, but not all state policies lead to economic prosperity.

Using years of economic data and empirical evidence from each state, the authors identify which policies can lead a state to economic prosperity. Rich States, Poor States not only identifies these policies but also makes sound research-based conclusions about which states are poised to achieve greater economic prosperity and those that are stuck on the path to a lackluster economy.

The 2014 economic outlook ranking is a forward-looking measure of how each state can expect to perform economically based on 15 policy areas that have proven, over time, to be the best determinants of economic success.

Rich States, Poor States: ALEC-Laffer State Economic Competitiveness Index is an annual economic competitiveness study authored by economist Dr. Arthur Laffer, Stephen Moore, chief economist at the Heritage Foundation, and Jonathan Williams, Director of the Tax and Fiscal Policy Task Force at the American Legislative Exchange Council.

ABOUT THE AMERICAN LEGISLATIVE EXCHANGE COUNCIL

The American Legislative Exchange Council works to advance limited government, free markets, and federalism at the state level through a nonpartisan public-private partnership of America’s state legislators, members of the private sector and the general public.

2014 Economic Outlook Rank
  1. Utah
  2. South Dakota
  3. Indiana
  4. North Dakota
  5. Idaho
  6. North Carolina
  7. Arizona
  8. Nevada
  9. Georgia
  10. Wyoming
  11. Virginia
  12. Michigan
  13. Texas
  14. Mississippi
  15. Kansas
  16. Florida
  17. Wisconsin
  18. Alaska
  19. Tennessee
  20. Alabama
  21. Oklahoma
  22. Colorado
  23. Ohio
  24. Missouri
  25. Iowa
  26. Arkansas
  27. Delaware
  28. Massachusetts
  29. Louisiana
  30. West Virginia
  31. South Carolina
  32. New Hampshire
  33. Pennsylvania
  34. Maryland
  35. Nebraska
  36. Hawaii
  37. New Mexico
  38. Washington
  39. Kentucky
  40. Maine
  41. Rhode Island
  42. Oregon
  43. Montana
  44. Connecticut
  45. New Jersey
  46. Minnesota
  47. California
  48. Illinois
  49. Vermont
  50. New York
Economic Performance Rank
  1. Texas
  2. Utah
  3. Wyoming
  4. North Dakota
  5. Montana
  6. Washington
  7. Nevada
  8. Arizona
  9. Oklahoma
  10. Idaho
  11. Alaska
  12. North Carolina
  13. Oregon
  14. Virginia
  15. South Dakota
  16. Colorado
  17. Hawaii
  18. West Virginia
  19. Florida
  20. Nebraska
  21. Arkansas
  22. South Carolina
  23. New Mexico
  24. Iowa
  25. Tennessee
  26. Delaware
  27. Georgia
  28. Kentucky
  29. Louisiana
  30. Alabama
  31. Maryland
  32. Kansas
  33. Minnesota
  34. New Hampshire
  35. New York
  36. Vermont
  37. Pennsylvania
  38. Indiana
  39. Mississippi
  40. Missouri
  41. Massachusetts
  42. Maine
  43. California
  44. Wisconsin
  45. Connecticut
  46. Illinois
  47. Rhode Island
  48. New Jersey
  49. Ohio
  50. Michigan

Historical Rich States, Poor States

6th Edition | 5th Edition | 4th Edition

CLICHES OF PROGRESSIVISM #1: Income Inequality Arises From Market Forces and Requires Government Intervention

The Foundation for Economic Education (FEE) is proud to partner with Young America’s Foundation (YAF) to produce “Clichés of Progressivism,” a series of insightful commentaries covering topics of free enterprise, income inequality, and limited government.

Our society is inundated with half-truths and misconceptions about the economy in general and free enterprise in particular. The “Clichés of Progressivism” series is meant to equip students with the arguments necessary to inform debate and correct the record where bias and errors abound.

Leaders and experts who support free enterprise and who understand the importance of fiscal responsibility and entrepreneurship will author the pieces. A book will be released in 2015 featuring the best editorials in the series. The opinion editorials and columns will be published weekly on the websites of both YAF and FEE: www.yaf.org and www.FEE.org

See the index of the published chapters here.

#1 — Income Inequality Arises From Market Forces and Requires Government Intervention

Inequality is everywhere. In a rainforest, mahogany trees take up more water and sunlight than all the other plants and animals. In our economic ecosystems, entrepreneurs and investors control more of the assets than the rest of us do. No one worries about the mahogany trees, and yet there is terrible fretting about the wealthy. In the case of ecosystems and economies, however, there are very good reasons for an unequal distribution of resources.

The sources of some forms of inequality are better than others. For example, inequality produced by crony capitalism—or what Barron’s editor Gene Epstein refers to as “crapitalism”—is surely undesirable. Therefore, it’s important for us to make a distinction between economic entrepreneurs and political entrepreneurs: The former create value for society; the latter have figured out how to transfer resources from others into their own coffers, usually by lobbying for subsidies, special favors or anticompetitive laws. If we can ever disentangle the crapitalists from the true entrepreneurs, we can see the difference between makers and takers. And inequality that follows from honest entrepreneurship, far from indicating that something is wrong, indicates an overall flourishing. In a system where everyone is made better off through creative activity and exchange, some people are going to get wealthy. It’s a natural feature of the system—a system that rewards entrepreneurs and investors for being good stewards of capital. Of course, when people are not good stewards of capital, they fail. In other words, people who make bad investments or who don’t serve customers well aren’t going to stay rich long.

Whenever we hear someone lamenting inequality, we should immediately ask, “So what?” Some of the smartest (and even some of the richest) people in America confuse concerns about the poor with concerns about the assets the wealthy control. It’s rooted in that old zero-sum thinking—the idea that if a poor guy doesn’t have it, it’s because the wealthy guy does. But one person is only better off at the expense of another under crapitalism, not under conditions of honest entrepreneurship and free exchange.

Unless someone has made lots of money hiring lawyers and lobbyists instead of researchers and developers, wealthy people got rich by creating a whole lot of value for a whole lot of people. Thus, the absence of super-wealthy people would actually be a bad sign for the rest of us—especially the poor. Indeed, it would indicate one of two things: Either very little value had been created (fewer good things in our lives, like iPhones and chocolate truffles) or the government had engaged in radical redistribution, removing significant incentives for people to be value creators and stewards of capital at all.

When resources are sitting in investments or in bank accounts, they are not idle. In other words, most rich people don’t stuff their millions under mattresses or take baths in gold coins. In conditions of economic stability, these resources are constantly working in the economy. In more stable conditions, a portion finds its way to a creative restaurateur in South Carolina in the form of a loan. Another portion is being used by arbitrageurs who help stabilize commodity prices. Another portion is being loaned to a nurse so she can buy her first home. Under normal circumstances, these are all good things. But when too many resources get intercepted by Uncle Sam before they get to the nodes in these economic networks, they will be squandered in the federal bureaucracy—a vortex where prosperity goes to die.

We should also remember that, due to our equal markets, most of us live like kings. Differences in assets are not the same as differences in living standards, although people tend to fetishize the former. Economist Don Boudreaux reminds us that Bill Gates’s wealth may be about 70,000 times greater than his own. But does Bill Gates ingest 70,000 times more calories than Professor Boudreaux? Are Bill Gates’ meals 70,000 times tastier? Are his children educated 70,000 times better? Can he travel to Europe or to Asia 70,000 times faster or more safely? Will Gates live 70,000 times longer? Today, even the poorest segment in America live better than almost anyone in the eighteenth century and better than two-thirds of the world’s population.

When we hear people fretting about inequality, we should ask ourselves: Are they genuinely concerned for the poor or are they indignant about the rich? Here’s how to tell the difference: Whenever someone grumbles about “the gap,” ask her if she’d be willing for the rich to be even richer if it meant improved conditions for the absolute poorest among us. If she says “no,” she’s admitting that her concern is really with what the wealthy have, not what the poor lack. If her answer is “yes,” then the so-called “gap” is irrelevant. You can then go on to talk about legitimate concerns, like how best to improve the conditions of the poor without paying them to be wards of the State. In other words, the meaningful conversation we should be having is about absolute poverty, not relative poverty.

In so many of the discussions about income inequality, there is a basic emotional dynamic at work. Someone sees they have less than another, and they feel envious. Perhaps they see they have more than another, and they feel guilty. Or they see that someone has more than someone else, and they feel indignation. Envy, guilt, and indignation. Are these the kinds of emotions that should drive social policy? When we begin to understand the origins of wealth—honest entrepreneurs and stewards of capital in an inherently unequal ecosystem—we can learn to leave our more primitive emotions behind.

 

Max Borders
Editor & Director of Content
The Freeman

Summary

  • Economic inequality, like the personality traits that make up each individual, is a defining characteristic of humanity.
  • When economic inequality arises naturally in the marketplace, it largely reflects the ability of individuals to serve others; when it arises from political connections, it’s unfair and corrupt.
  • Allowing economic inequality to occur, so long as it doesn’t derive from politics (or fraud from the Bernie Madoffs of the world), inevitably raises the standard of living for society as a whole
  • Concern for “the poor” is often a way to disguise envy or disdain for “the rich.”
  • For more information, see http://tinyurl.com/ohwvrx9.

ABOUT MAX BORDERS

Max Borders is the editor of The Freeman and director of content for FEE. He is also co-founder of the event experience Voice & Exit and author of Superwealth: Why we should stop worrying about the gap between rich and poor.

RELATED ARTICLE: Scientific American: The Myth of Income Inequality by Michael Shermer

EDITORS NOTE:  The features photo is courtesy of FEE and Shutterstock.

The Case for Voluntary Private Cooperation by Michael Munger

We don’t need nations, flags, and armies to make us prosperous.

When I tell Duke freshmen my version of the argument for liberty, they often scoff, “If this is right, how come I’ve never heard it before?” I try to be conciliatory. I offer the kids time to go text their parents. They need to sue those elite private high schools for failing to educate them in even the basics of how societies work, and why so many societies fail to work.

Okay, so that’s not all that conciliatory. And my answer plays to mixed reviews, at best.

But it’s the truth. How can it be that some of the world’s most educated young people have never heard the concise version of the argument for voluntary private cooperation? I want to present here the version I have found most useful. And by “useful” I mean profoundly unsettling to people who hear it for the first time.

“Markets” Are Not the Point

To start with, the argument for liberty is not an argument for “markets.” The market vs. State dichotomy was dreamed up by German sociologists in the nineteenth century. Don’t buy into that dichotomy; it’s a rhetorical straitjacket, and in any case it’s not our best argument.

The question is how best to achieve the myriad benefits of voluntary private cooperation, or VPC. Markets are part of that, a useful way of achieving prosperity, but a variety of other emergent social arrangements—more properly viewed under the rubric “society”—are also crucial for prosperity.

The first argument I usually hear, especially from people hearing about VPC for the first time, is this: “If markets are so great, why is most of the world poor?” The problem is that poverty is not what needs to be explained. Poverty is what happens when groups of people fail to cooperate, or are prevented from finding ways to cooperate. Cooperation is in our genes; the ability to be social is a big part of what makes us human. It takes actions by powerful actors such as states, or cruel accidents such as deep historical or ethnic animosities, to prevent people from cooperating. Everywhere you look, if people are prosperous it’s because they are cooperating, working together. If people are desperately poor, it’s because they are denied some of the means of cooperating, the institutions for reducing the transaction costs of decentralized VPC.

So forget about explaining poverty. We need to work on understanding prosperity.

There are two reason that VPC is the core of human prosperity and flourishing.

1. Exchange and cooperation: If each of us has an apple and a banana, and I like apple pie and you like banana crème pie, each of us can improve our lot by cooperating. I give you a banana, you give me an apple, and the world is a better place. And the world is better even if there is no change in the total size of our pies. The total amount of apples and bananas is the same, but each of us is happier.

But there is no reason to fetishize exchange. (That’s the “markets vs. social/state” dichotomy; don’t give away the farm here.) Nobel Prize-winner James Buchanan’s central insight was that cooperative arrangements among groups of people are just “politics as exchange.” Nonmarket forms of exchange, in which we cooperate to achieve ends that we all agree are mutually beneficial, may be even more important than market exchanges. Banding together for collective protection and taking full advantage of emergent institutions such as a language, property rights, and a currency are all powerful tools of VPC.

If we cooperate, we can use existing resources much better by redirecting those resources toward uses people value more. So even if we are only thinking of cooperation in a static sense, with a fixed pie, we are all better off if we cooperate. Cooperation is just a kind of sharing, so long as every cooperative arrangement is voluntary. The only way you and I agree with a new arrangement is if each of us is better off.

2. Comparative advantage/division of labor: Still, we don’t need to be satisfied with making better use of a static pie. Working together and becoming more dependent on each other, we can also make the pie bigger. There is no reason to expect that each of us is well-suited to produce the things we happen to like. And even if we are, we can produce more of it by working together.

Remember, I like apples and you like bananas. But I live on tropical land in a warm climate that makes producing apples difficult. You live in a much cooler place, where growing your favored bananas would be prohibitively expensive. We can specialize in whatever we are relatively best at. I grow bananas, you grow apples, and we trade. Specialization allows us to increase the variety and complexity of mutually beneficial outcomes.

Interestingly, this would be true even one of the parties is actually better at producing both apples and bananas; David Ricardo’s “comparative advantage” concept shows that both parties are better off if they specialize, even if it appears that the less productive person can’t possibly compete. The reason is that the opportunity costs of action are different; that’s all that is necessary for there to be potential benefits from cooperation.

But there is no reason to fetishize comparative advantage. In fact, true instances of deterministic comparative advantage are rare. The real power from specialization comes from division of labor, or the enormous economies of scale that come from synergy. Synergy can result from improvements in dexterity, tool design, and capital investment in a production process composed of many small steps in a production line, or from innovations, using the entrepreneurial imagination to see around corners. Synergy is not created by the sort of deterministic accidents of weather, soil quality, or physical features of the earth that economists obsess about. Producing wool and port depend on location; human ingenuity can create synergy anywhere that division of labor can be promoted. All the important dynamic gains from exchange are created by human action, by VPC.

The Street Porter and the Philosopher

Entrepreneurs are more likely to be visionaries than geographers or engineers. Argentina has a comparative advantage, probably an absolute advantage, in producing beef, because of its climate, soil conditions, and plentiful land in the pampas. But Argentina is poor. Singapore has next to nothing, and doesn’t produce much. But Singapore built both physical (port facilities, storage, housing) and economic (rule of law, property rights, a sophisticated financial system) institutions to promote cooperation. And Singapore is rich because those institutions help give rise to powerful synergies.

One could argue, of course, that Singapore has a comparative advantage in trade because of its location at the southern tip of the Malay Peninsula, connecting the Strait of Malacca with all of East Asia. But other nations not blessed with such location rents have used the same model. Portugal in the fifteenth century, Spain and Holland in the sixteenth, and England in the eighteenth century all built huge, prosperous societies by channeling the energies of citizens toward cooperation. None of these countries played well with others, perhaps, but internally they built synergies, so that for each their prosperity and importance in the world was multiplied far beyond what you would have expected just by looking at their populations, their climates, or their soil quality.

Humans build synergies by fostering VPC. Adam Smith’s example of the philosopher and the porter is sometimes quoted, but not well understood. The benefits to specialization need not be innate: The street porter might well have been a philosopher if he had had access to the tools that promote VPC. Education and social mobility mean that where one is born has little to do with where one ends up.

The plasticity of human abilities is at least matched by the malleability of social and economic institutions. Human societies need only be limited by what we can think of together. The development of specialization and the consequent increase in productive capacity is a socially constructed process, like Smith’s “philosopher”—the result of thousands of hours of study, practice, and learning. Smith’s porter didn’t fail to become a philosopher because of comparative advantage. The porter just failed (or was denied a chance, by social prejudice) to specialize.

To Be Useful, Cooperation Must Be Destructive

The flaw in division of labor is also its virtue. Division of labor and specialization create a setting where only a few people in society are remotely self-sufficient. Further, the size of the “market”—more accurately, the horizon of organized cooperative production—limits the gains from division of labor and specialization. If I hire dozens of people and automate my production of apple pie filling, I can produce more than you, your family, your village, or perhaps even your entire nation can consume. I have to look for new customers, expanding both the locus of dependency and the extent of improved welfare from increased opportunities to trade.

The same is true for the benefits of specialization. In a village of five people, the medical specialist might know first aid and have a kit composed of Band-Aids and compression bands for sprains. A city of five million will have surgeons who have invented new techniques for performing complex procedures on retinas, the brain, and exotic enhancements in appearance through plastic surgery. A village of 250 people may have a guy who can play the fiddle; a city of 250,000 has an orchestra. Division of labor, and specialization, is limited by the extent of the VPC.

The power of that statement, taken directly from Adam Smith, is the basis of the argument for VPC. People are assets, not liabilities. Larger populations, larger groups available to work together, and more extensive areas of peaceful cooperation allow greater specialization. Four people in a production line can make 10 times as much as two people; 10 people can make a thousand times more. Larger groups and increased cooperation create nearly limitless opportunities for specialization: not just making refrigerators, but making music, art, and other things that may be hard to define or predict.

VPC allows huge numbers of people who don’t know each other to begin to trust each other, to depend on each other. Emile Durkheim, the famed German social theorist, recognized this explicitly, and correctly noted that the market part of division of labor is the least important aspect of why we depend on it. He said, in his masterwork Division of Labour in Society, “the economic services that [division of labor] can render are insignificant compared with the moral effect that it produces, and its true function is to create between two or more people a feeling of solidarity.”

That “feeling of solidarity” is society—voluntary, uncoerced, natural human society. We don’t need nations, and we don’t need flags and armies to make us prosperous. All we need is voluntary private cooperation, and the feeling of solidarity and prosperous interdependence that comes from human creativity unleashed.

ABOUT MICHAEL MUNGER

Michael Munger is the director of the philosophy, politics, and economics program at Duke University. He is a past president of the Public Choice Society.

EDITORS NOTE: The featured photo is courtesy of FEE and Shutterstock. The below quote by Walter E. Williams, American economist, commentator and academic, is worthy of note:

WEW

Let a Thousand Home Businesses Bloom by WENDY MCELROY

Time for regulators to take their boot off the neck of microbusiness.

Imagine you’re out of work. But you’ve got capital in your talents, your home, and your family and friends. You might try to start a microbusiness at home to earn a little extra income and make ends meet. That is, unless you live in certain U.S. states.

Making Dough at Home

A few years ago, Mark Stambler started a business in his California home that became a flashpoint in a legalization battle. That might sound like he had a few marijuana plants growing in the closet. Actually, he was making and selling bread. Yes, bread. He did it so well, in fact, that Stambler was featured in the May 31, 2011, issue of the Los Angeles Times.

The next day, Department of Public Health authorities shut him down. There was no customer complaint; Stambler was simply “not in compliance” with regulations.

Stambler decided to take food off the black market. He helped to draft the California Homemade Food Act, which went into effect in January 2013. According to a January Forbes headline, it created over a thousand local businesses.

The episode raises a host of questions. Should home businesses be regulated? Should they stay in the black market? It’s hard to say. But one impact of the Homemade Food Act is clear: When government loosens control of commerce, businesses and jobs get created. The Forbes articles explained, “In Los Angeles County, there are [now] almost 270 cottage food businesses. Statewide, over 1,200 homemade food businesses have been approved.”

Barriers

California desperately needs employment. In January 2013, when the act came into effect, California’s official unemployment rate was 8.9 percent—2.3 percent higher than the national average of 6.6 percent reported by the Bureau of Labor Statistics. A separate Forbes article suggested that the national rate might have been as high as 23.0 percent.

Whatever the true figure is, people are looking to work. And yet, most states continue either to regulate home businesses out of existence or to make the requirements for entry so expensive as to be prohibitive. Consider Florida, where it is a criminal offense to cut hair without completing 1,200 hours of training at a barber college at a cost of $10,000 to $15,000. By contrast, Florida’s Emergency Medical Technicians “need only about a month of training before they can be licensed,” the Sun-Sentinel reported,

Why are state and local governments generally so hostile to small industry—especially home businesses? The answer lies in the definition of the businesses themselves.

Home industry consists of gainful work conducted in a dwelling. The specific businesses are so wide-ranging as to defy classification by product or service. They include businesses based on crafts, accounting, car repairs, writing or editing, foodstuffs, pet grooming, web design, hair styling, sewing, alternative medicine, day care, and carpentry. They usually address niche markets and often involve personal contact with customers to whom there is high incentive to provide satisfaction in order to secure repeat business. Home industry is integral to the American dream because it offers a path to prosperity through hard work, merit, and innovation.

A Path to Prosperity

Home industry is particularly important to the poor for at least four reasons. First, the business overhead is usually low. Second, it allows people to use their labor as equity to develop a business for which financial or capital equity is not available. Third, it does not require higher education. Fourth, people own the means of production, such as an equipped kitchen or a garage with tools. Home industry also has the advantage of not draining the public purse—that is, production does not draw on government subsidies or privileges, which benefits individuals as producers, taxpayers, and consumers.

But does it benefit governments? It is government’s nature to control; that is its raison d’etre. It is also in government’s nature to tax. Home industries are often black-market activities through which commerce flows without government skimming off resources. Thus control- and cash-hungry governments seek to ban home industries or to legalize them with both punitive and lucrative regulations. Lucrative regulations enrich the government by establishing an income stream. The benefit of punitive regulations is often more subtle. In many cases, the high bar set for entry into a marketplace is a form of protectionism for politically favored businesses.

Cronies

Crony capitalism is defined as “an economy in which success in business depends on close relationships between business people and government officials.” The two general ways in which protected businesses succeed are through protectionism and privilege. The specific ways can include the selective granting of licenses and permits, subsidies, special tax breaks, zoning, and other State interventions.

Governments protect favored businesses by discouraging home industries that would otherwise compete in the marketplace. Civil liberties watchdog The Institute for Justice (IJ) describes its economic mission: “Arbitrary licensing and permitting laws foreclose many occupations that are ideally suited to people of modest means. The Institute for Justice challenges these laws to secure constitutional protection for the right to earn a living and to demonstrate the importance of entrepreneurship.”

dramatic example came in 2006 when IJ attacked “the Maryland Home Funeral Cartel.” Funeral homes are often family businesses in which the owners also maintain a residence. Clark Neily, a senior attorney with IJ, explained the situation then present in Maryland. The state “arbitrarily restricts who can own a funeral home. As a result, consumers pay more than they otherwise would, and opportunities for would-be entrepreneurs are blocked. Maryland’s law is a racket designed to protect the state’s funeral cartel from competition, and that’s not a valid use of government authority.”

Only licensed funeral directors and “politically favored corporations and individuals” could legally own a funeral home. The license required two years and thousands of dollars to secure. Neily continued, “But owning does not mean operating. Under Maryland law, a person is not allowed to own a funeral home even if he or she hires a licensed funeral director to oversee the funeral home’s day-to-day operations.” She likened this to saying you must be a pilot to own an airline. In October 2007, a federal judge struck down Maryland’s exclusionary law. Calling it unconstitutional, the judge added that the law was “the most blatantly anti-competitive state funeral regulation in the nation.”

Liberate the Poor

Austrian economist Murray Rothbard summed up the purpose of government intervention. “The intervention . . . was designed, not to curb big business monopoly for the sake of the public weal, but to create monopolies that big business . . . had not been able to establish amidst the competitive gales of the free market.”

Regulation of home industry is a source of revenue and social control for government, but it is also a means by which businesses with political clout cripple their competition. There is nothing new under the sun.

Government should remove itself from all business transactions. But it is particularly important to the unemployed and to the poor that government release its choke hold on home industries.

ABOUT WENDY MCELROY

Contributing editor Wendy McElroy is an author and the editor of ifeminists.com.

EDITORS NOTE: The featured image is courtesy of FEE and Shutterstock.

It May Not Be Ready but EPA Chief Defends Carbon Capture Technology Anyway

West Virginia MetroNews reports that at a Senate committee hearing, EPA Administrator Gina McCarthy, was forced to defend the viability of the carbon capture and sequestration technology, the key component of proposed greenhouse gas rules for new electric power plants:

“Carbon capture and sequestration (CCS) is not commercially viable,” [North Dakota U.S. Senator John] Hoeven said. “So how are we going to build any new coal plants even with the latest technology and CCS with your latest proposed rules?”

McCarthy said told Hoeven the EPA believes CCS is “technically feasible.”

But the Republican senator shot back: “I did not say technically feasible. I said commercially viable.”

McCarthy answered that “technically feasible” is the standard under the law.

However, the Clean Air Act states that technology mandated has to be “adequately demonstrated,” and EPA must consider its costs. These are hard standards for CCS to meet when no commercial power plants are using it, and its first commercial application in Mississippi is undergoing cost overruns. Experts and former administration officials understand that CCS is years away from being viable and will mean added electricity costs. Southern Company, which is building the Kemper power plant, says it “should not be used in developing a national standard for greenhouse gases.”

Back to McCarthy’s testimony. According to a Politico Pro report, at the committee hearing, she said, “We think [CCS] is the future, and we think facilities are investing in it now.”

CCS might be the future, but we live in the here-and-now where EPA regulations are pushing reliable, coal-fired power plants offline and pushed a coal producer into bankruptcy:

James River Coal Co., a mine operator in Logan and Mingo Counties, has filed for Chapter 11 bankruptcy protection as part of its effort to turn around its business.

The Richmond, Va.-based company says it faces challenges from the weak economy, environmental regulations and competition as electrical-generating utilities switch from coal to natural gas.

RELATED STORY: Democrats awash in ‘green’ energy deals on public land

EDITORS NOTE:  Features photos of EPA Administrator Gina McCarthy. Photographer: F. Carter Smith/Bloomberg.

The Positive Nature of Risk: Removing or Shifting Risk by Government Fiat Is Not a Panacea by CHRISTOPHER MAYER

There would be no risk if the future were known and all of one’s plans played out exactly as expected. Because of pervasive uncertainty, a variety of risks permeates all human endeavors.

It is a common human desire to want to feel secure, to want to avoid as much risk as possible and live a comfortable, protected life. But different people deal with risk in different ways. Not all people are risk-avoiders.

For example, artists take risks with each work. In his Lectures on Shakespeare, W.H. Auden draws a distinction between a minor writer and a major one. This distinction hinges on the writer’s appetite for risk-taking and his ability to break new ground. A minor writer (Auden used the example of the poet A.E. Housman) is one who finds his niche and sticks to it. “The minor writer never risks failure,” Auden states. On the other hand, the major writer, like Shakespeare, pushes himself to discover new problems and try new things. In a word, the major writer takes risks. According to Auden, “Shakespeare is always prepared to risk failure. Troilus and Cressida, Measure for Measure, and All’s Well that Ends Well don’t quite come off, whereas almost every poem of Housman does.” Yet Shakespeare risked enough so that his successes have earned him almost universal acclaim as a great writer.

The same can be said of musicians. Great jazz artists like Charlie Parker and Miles Davis pushed their art in new and different directions, taking risks when they had no assurance they would succeed. Their experimental play earned them places in the pantheon of jazz immortals.

Gamblers are other examples of people who willingly take risks. In fact, gamblers who frequent the gaming tables create risks in playing various games. Sometimes they are lucky. The tale of Charles Wells is a case in point. In 1891 Wells gained fame by “breaking the bank” at Monte Carlo three times in one year. One evening he played the wheel and left his chips on the number 5, with the odds 36 to 1. The number five came up five times in a row. He walked out with the equivalent of over one million dollars. He was written up in the newspapers and even had a song about him (“The man who broke the bank at Monte Carlo”). Ironically, Wells would die broke.

In any event, whatever happens to the artist or to the gambler happens to him alone (and perhaps his backers, should he have any). In other words, if Shakespeare wrote a clinker, Ben Jonson didn’t have to come out of pocket to support him. In a similar way, the gambler who loses his shirt has no claim against sober individuals who choose not to gamble. Conversely, Shakespeare’s fame is his alone and the gambler’s winnings are his too.

However sensible this arrangement seems, it often does not prevail in the modern world where collectivist thinking is rampant. In real life successful people indirectly support those who are unsuccessful. In some cases successful people do this voluntarily by contributing their time and money to charity. But more often, successful people support others whether they want to or not, since their pockets are regularly picked by government officials of every stripe. The government encourages the illusion of a mighty shield that will protect people from their own imprudence and misfortune rather than let them take care of themselves, which would require them to save, to plan, and to be prudent.

The existence of a forced safety net, or a support system not voluntarily funded, warps the normal incentives and changes people’s behavior, in perverse ways.

Banking and Risk

Look at the banking world. If a bank makes a series of poor decisions that lead to failure, the FDIC stands ready to make good on any losses depositors should suffer. Here we have two problems. The first is that the banker is not held accountable for his losses. And the second is that the depositor is relieved of the responsibility for where he puts his money. All he has to know is whether his bank is FDIC-insured.

This would be like giving your money to Charles Wells knowing that the house will reimburse him for any losses he suffers and that he will in turn reimburse you. Do you think that this would change Wells’s behavior? Do you think that he might take some risks that he otherwise might not take? And what if Shakespeare knew that no matter how bad any particular play was, he would get reimbursed for any losses incurred? It is common sense to acknowledge that risk influences behavior.

In more formal terms, a moral hazard is created when the adverse consequences of risk-taking are transferred to a third party and the transfer benefits the risk-taker and harms the third party. Insurance is often cited as a common example of risk transfer. However, most insurance is created in the marketplace and is priced, like all goods and services in the market, by the interplay of buyers and sellers. In other words, insurance is not persistently mispriced. The fact that the FDIC determines the price of insurance necessarily means that it will likely be higher or lower than the market price. Risk will always be too cheap or too dear. Occasionally, perhaps, the FDIC hits the market price. Then the question becomes, why not let the market run this insurance program?

Then again, deposit insurance is really not insurance at all. Just because the government calls it insurance doesn’t mean it is. No other industries have insurance like it. When Amazon or General Motors or Dell takes a loss, no one reimburses the company for it. Entrepreneurial risk is inherently uninsurable. Insurance protects against certain kinds of risks, but it doesn’t underwrite failure.

Behavioral Boundaries

If the theory of moral hazard is correct, then risk—the possibility of loss, the element of chance—serves a useful purpose in changing behavior. Risk can keep people within certain behavioral boundaries.

Few would dare cross a busy street without at least looking to see if any cars were coming. The risk of being hit and its attendant consequences are simply too great. People modify their behavior to deal with these risks. They mitigate them, in this case, by looking both ways before crossing the street. Further, a pedestrian may choose to cross only when the light is in his favor. These are some of the ways people deal with risks of crossing a busy street. The risk of being hit forces them to think before they act.

In banking, the theory of moral hazard is no different. Benjamin Esty of the Harvard Business School conducted a valuable study on the impact of contingent liability on commercial bank risk-taking.* Esty looked at the banking world prior to deposit insurance. From the passage of the National Banking Act of 1863 until 1933 regulators imposed double liability—a form of contingent liability—on national bank shareholders. Esty explains: “Under this system, shareholders were doubly liable in that they could lose both the market value of their shares and, through assessment, an amount equal to the par value of equity to cover creditor obligations including deposits and other debts.” Most banks at the time had a par value of $100 per share. So, as a shareholder, if your bank went belly up you would lose the market value of your stock and you could be assessed another $100 per share to cover depositor and other losses. Do you think that this would change your behavior as an owner of a bank?

The states passed their own versions of contingent liability as well. Some had single liability. California had triple liability. And regulators were effective at collecting assessments. During the years 1865 through 1934, the comptroller of the currency collected 51 percent of the assessments. The fact that these assessments were creditable is shown in the behavior of the banks and their risk-taking activities. As Esty notes, from 1865 to 1933 voluntary bank liquidations accounted for over 70 percent of all bank closures. The states had similar experiences with state-chartered banks.

In an FDIC world there is no incentive for banks to close or liquidate as soon as trouble arises. And since bank shareholders have limited liability, their appetite for risk is greatly enhanced. Banks of the nineteenth century were fortress-like compared to their late twentieth-century counterparts. They had reserves of gold and silver, and by law their reserves had to cover 25 percent of deposits. Some banks, like National City, carried reserves to cover 60 percent of deposits.

This is not to recommend that contingent liability is the way to enforce bank soundness, but rather to illustrate how the risk of loss changes behavior and forces prudence in a way that FDIC insurance lacks.

Other Interventions

Deposit insurance is only one commonly known way that governments try to collectivize and minimize risk. They have numerous other programs and guarantees that seemingly lower risk. Another example is the Small Business Administration (SBA), which provides banks with a partial guarantee of loans made to certain favored classes. If a minority-owned business, financed under an SBA loan, fails, the SBA stands in to absorb a portion of that debt. This encourages the banks to take risks that they otherwise would not take.

Removing or shifting risk by government fiat is not a panacea. Genuine risk serves a useful purpose. Forcing the shifting of risk to third parties, in essence creating moral hazard, leads to the perverse outcome that the risk one hoped to avoid is actually recreated in the form of the false promises made by the welfare state.

*“The Impact of Contingent Liability on Commercial Bank Risk Taking,” Journal of Financial Economics, February 1998, pp. 189–218.

ABOUT CHRISTOPHER MAYER

Christopher Mayer is a commercial loan officer and freelance writer.

EDITORS NOTE: The featured image is courtesy of FEE and Shutterstock.

His Aim Is True, Sometimes by SARAH SKWIRE

William Shakespeare. Merchant of Venice. Circa 1598.

Everyone knows about Shylock. Even those who have only a passing familiarity with Shakespeare know about the vicious money-lender in Shakespeare’s The Merchant of Venice. He lends Antonio (the merchant of the title) 3,000 ducats to give to his friend Bassanio, and if Antonio fails to repay the loan in time, he must give Shylock a pound of his flesh.

A lot has been written about Shylock and about his contract with Antonio. (Some of it has even been written by my brother.)

But we spend a lot less time thinking and talking about Bassanio, the friend for whom Antonio takes on the debt. Bassanio interests me because he represents what seems to be a completely different way of financial thinking. In contrast to Antonio’s fairly conservative financial approach—while he has invested heavily, he has diversified his investments into three different ships—and Shylock’s grasping, near-miserly attitude, Bassanio is a spendthrift. When we first meet him he is explaining to Antonio exactly how he has ended up broke again.

‘Tis not unknown to you, Antonio,

How much I have disabled mine estate,

By something showing a more swelling port

Than my faint means would grant continuance:

Nor do I now make moan to be abridged

From such a noble rate; but my chief care

Is to come fairly off from the great debts

Wherein my time something too prodigal

Hath left me gaged.

In other words, in the style of spendthrifts the world over, he tells Antonio that he has spent more than he has to look like a more important person than he is. Now he is in debt, and he is worried. But, he adds, he won’t be worried for long, because he has “plots and purposes/How to get clear of all the debts I owe.” Those plots will involve, however, just a little bit more investment from Antonio. After all, Bassanio argues, money management is like archery.

In my school-days, when I had lost one shaft,

I shot his fellow of the self-same flight

The self-same way with more advised watch,

To find the other forth, and by adventuring both

I oft found both . . .

This is a perfectly reasonable way to find a lost arrow, according to several archers I consulted—but it’s a fairly rotten financial plan. It amounts to “throwing good money after bad” or doubling down on a bad hand.

And what are the precise details of Bassanio’s plan? It seems that “in Belmont is a lady richly left,” and Bassanio means to wed her and her inheritance. If he can win her.

Despite Bassanio’s appalling credit history,  Antonio acts on the notion that “sunk costs are sunk” (this joke is much funnier if you have read the play) and takes out the loan to help him. While this decision rapidly brings things to a peak of tension for Antonio in Venice, events go beautifully for Bassanio. He arrives in Belmont. Portia, the “lady richly left” is delighted to see him. All he must do to win her is to play a little game that her father devised before he died.

In a scene straight from a fairy tale, Bassanio is presented with three small caskets or chests—one of gold, one of silver, and one of lead. The gold casket reads, “Who chooseth me shall gain what many men desire.” The silver casket says, “Who chooseth me shall get as much as he deserves.” And the lead casket is engraved with, “Who chooseth me must give and hazard all he hath.” By the time that Bassanio is ready to choose, those of us watching or reading the play have already seen two suitors choose and fail. So we know several things. First, by the immutable law of fairy tale triplets, we know that Bassanio will choose correctly merely because he is choosing third. Second, we know that the right choice is the lead casket, because the two earlier suitors chose the gold and the silver caskets and were rejected. Lastly, we know that Bassanio’s character means that he is perfectly suited to make the right choice.

How do we know this? Well, the lead casket says, “Who chooseth me must give and hazard all he hath.” Portia’s previous suitors argued against this casket by saying it (and perhaps Portia) was too unappealing for such a risk—“You shall look fairer, ere I give or hazard” and:

Men that hazard all

Do it in hope of fair advantages:

A golden mind stoops not to shows of dross;

I’ll then nor give nor hazard aught for lead.

These previous suitors are following some very sensible real world financial principles. Bassanio, however, is following fairy tale rules. He has already proven in Venice that he is perfectly happy to take all kinds of irrational risks with his fortune and with his friend’s fortune. The possibility of a very high return on a risky investment in something that is apparently worthless is irresistible to Bassanio. Of course he will choose lead. He would choose lead even if he didn’t like Portia. He would choose lead for much smaller stakes than her endless wealth. And in a place like Belmont, where marriages are decided by casket games, he is a clear winner.

So here are the questions that I have always had about Bassanio. His financial irresponsibility, taken out of the realistic world of Venice (which is governed by scarcity and real risk) and transported to the fairy tale world of Belmont (which is governed by luxurious superfluity) is transformed into good sense. Are we meant to see him as the model for good choices in this play? Are we meant to remember that his initial stake in the casket game means that his best friend nearly dies? Are we meant to think that his choices are only good choices in a world with no scarcity? The great thing about a great play is that it can open these questions, and leave them for us to ponder through repeated readings. At the moment, I’m inclined to think that Bassanio may serve as the opposite extreme to Shylock—both of them willing to see Antonio die in order to achieve their own satisfaction and neither of them engaging in anything like a reasonable relationship with wealth.

Thanks to Adam Cowming, Kyle Trowbridge, Joe Lehman, and Sean Malone for their helpful elucidation of archery questions.

20121127_sarahskwireABOUT SARAH SKWIRE

Sarah Skwire is a fellow at Liberty Fund, Inc. She is a poet and author of the writing textbook Writing with a Thesis.

TAX DAY APRIL 15, 2014: We Will Not Yield

My father was a federal civilian employee who voraciously adhered to his responsibilities under the federal Hatch Act. At that time, the Hatch Act prohibited federal employees from any partisan political activity, and violation penalties were severe including possible termination of employment.

In 1981, I became a federal employee and like my father before me, there was just something sacred about respecting and abiding by the Hatch Act. If for nothing else, it was the law.

The Hatch Act has stood for 75 years, and although major modifications were made in 2013, the prohibitions against partisan political activity during the workday and on federal property still stand.

And while most federal employees respect and abide by the tenants of the Act, IRS employees have chosen to ignore federal law.

On April 9, 2014, the U.S. Office of Special Counsel issued a press release outlining what can only described as outrageous violations of the Hatch Act by IRS employees and entire offices during the 2012 presidential election. The Counsel found:

  • An IRS customer service representative, while fielding questions on the IRS customer service help line, urged taxpayers to reelect a presidential candidate in 2012 by repeatedly reciting a chant based on the spelling of that candidates last name.
  • An IRS tax advisory specialist in Kentucky told a taxpayer she was assisting, that she was against a specific political party because “they are trying to cap my pension…and they’re going to take women back 40 years.” She then added, “My mom always said, “If you vote [she named the party], the rich are going to get richer and the poor are going to get poorer.”
  • Employees in the Dallas, TX IRS Taxpayer Assistance Center wore partisan political stickers, buttons and clothing to work, and displayed partisan screensavers on their IRS computers.

Are we supposed to believe that the IRS, the same federal agency that targeted conservative non-profits, will conduct non-biased, non-retaliatory tax examinations and audits of American taxpayers?

Especially when our nation’s Attorney General refuses to appoint a special prosecutor to examine the allegations and evidence against former IRS senior manager Lois Lerner, our President preemptively declared that there is not even a“smidgen of corruption” at the IRS, and the minority leader of the Congressional Oversight Committee investigating Ms. Lerner apparently corroborated with Lerner and her team!

Of course, Congress, can solve this problem with the immediate enactment of HR 25/S 122, the FairTax Act of 2013. This is why another announcement this week was so perplexing.

Senator John Cornyn (TX) rightly announced that, “Americans should never face persecution from their government for exercising their constitutional rights.” We couldn’t agree more Senator. But the Senator went on to say he introduced new legislation to “help ensure that no one is targeted by the IRS for their political or religious beliefs and will work to repair the serious breach of faith caused by the IRS’ actions.”

Congress has had 100 years to “repair” the IRS and the income tax code and they have failed on all counts. It is not repairable – it can’t be fixed! As a co-sponsor of S. 122, we would hope the good Senator knows the FairTax defunds and disbands the IRS in its’ entirety.

With the FairTax®, the IRS is gone. No more persecution, no more targeting, no more invasion of privacy and peering into every aspect of one’s personal, financial life.

Next week is yet another Tax Day. To many, this marks another year in which the FairTax was not enacted.

In times like these, I am reminded of Sir Winston Churchill who said to his alma mater, the Harrow School,

“Never give in, never give in, never, never, never, never-in nothing, great or small, large or petty – never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy. We stood all alone a year ago, and to many countries it seemed that our account was closed, we were finished. All this tradition of ours, our songs, our School history, this part of the history of this country, were gone and finished and liquidated. Very different is the mood today. Britain, other nations thought, had drawn a sponge across her slate. But instead our country stood in the gap. There was no flinching and no thought of giving in; and by what seemed almost a miracle to those outside these Islands, though we ourselves never doubted it, we now find ourselves in a position where I say that we can be sure that we have only to persevere to conquer.”

Ladies and gentlemen, our cause is great and our convictions clear. We will not yield to the force of opposition and we are not alone in our desire to have a system of taxation that is fair and free of threats.

We are a force and we will never give in, never give up and never go away. We are the FairTax and someday, we will see April 15 become just another spring day.

For the Love of Money? by Gary M. Galles

Money at the margin, not everything for money.

It’s not unusual to hear market systems criticized for relying too much on money, as if this comes at the expense of the altruistic relationships that would otherwise prevail. Ever heard the phrase “only in it for the money”? It’s as if self-interest has a stink that can corrupt transactions that generate benefits for others, turning them into offenses. So this line of thinking suggests reliance on market systems based in self-ownership would be tantamount to creating a world where people only do things for money, and lose the ability to relate to one another on any other terms.

People Don’t Do Everything for Money

One need not go far to see the falsity of the claim that everything is done for money in market systems. My situation is but one example: I have a Ph.D. in economics from a top graduate program. It is true that, as a result, I have an above-average income. But I did not do it all for the money. One of my major fields was finance, but if all I cared about was money—as my wife reminds me when budgets are particularly tight—I would have gone into finance rather than academia and made far more. But I like university students. I think what I teach is important, and I value the ability to pass on whatever wisdom I have to offer. I like the freedom and time to pursue avenues of research I find interesting. I enjoy the ability to tell and write the truth as I see it (particularly since I see things differently from most) and I prefer a “steady job” to one with far more variability.

Every one of those things I value has cost me money. Yet I chose to be a professor (and would do it again). While it’s true that the need to support my family means that I must acquire sufficient resources, many things beyond just money go into choosing what I do for a living. And the same is true for everyone.

Ask any acquaintances of yours who they know that only does things for money. What would they say? They would certainly deny it about themselves. While they might apply this characterization to people they don’t know, beyond Dickens’s Ebenezer Scrooge and his comic book namesake, Scrooge McDuck, they would be unable to provide a single convincing example. If market critics performed that same experiment, they would recognize that they are condemning a mirage, not market arrangements.

Confusing Ends and Means

Beyond the fact that all of us forego some money we could earn for other things we value, the fact that every one of us gives up money we have earned for a vast multitude of goods, services, and causes also reveals that individuals don’t just do things for the money. Each of us willingly gives up money up to further many different purposes we care about. Money is not the ultimate end sought, but a means to a vast variety of possible ends. Mistakenly treating money as the end for which “people do everything” is fundamentally flawed—both for critics of the market and for the participants in it.

To do things for money is nothing more than to advance what we care about. In markets, we do for others as an indirect way of doing for ourselves. This logic even applies to Scrooge. His nephew Fred’s assertion that he doesn’t do any good with his wealth is false; he lends to willing borrowers at terms they find worth meeting, expanding the capital stock and the options of others.

That an end of our efforts is to benefit ourselves, in and of itself, merits neither calumny nor congratulations. Money’s role is that of an amoral servant that can help us advance whatever ends we ultimately pursue, while private property rights restrict that pursuit to purely voluntary arrangements. Moral criticism cannot attach to the universal desire to be able to better pursue our ends or to the requirement that we refrain from violating others’ rights, only to the ends we pursue.

To do things for money in order to achieve world domination could justify moral condemnation. But the problem is that your intended end will harm others, not the fact that you did some things for money, benefitting those you dealt with in that way, to do so. Using money to build a leprosarium, as Mother Teresa did with her Nobel Prize award, does not justify moral condemnation. Similarly, using money to support your family, to live up to agreements you made with others, and to try not to burden others is being responsible, not reprehensible. Further, there is nothing about voluntary arrangements that worsens the ends individuals choose. But by definition, they place limits on ends that require harming others to achieve them.

It is true that money represents purchasing power that can be directed to ends others object to. Money is nothing more than a particularly powerful tool, and all tools can be used to cause harm. Just as we shouldn’t have to forego the benefits of hammers because somebody could cause harm with one, there’s no reason to think society would be better off without money or the market arrangements it makes possible just because some people can use those things for harmful ends. And if the ends aren’t actually causing harm, then the objections over them come down to nothing more than disagreements about inherently subjective valuations. Enabling a small class of people to decide which of these can be pursued and which can’t makes everyone worse off.

Those who criticize people for doing everything for money also do a great deal for money themselves. How many campaigns have religious groups and nonprofit organizations run to get more money? How much of government action is focused on getting more money? Why do the individuals involved not apply the same criticism to themselves? Because they say they will “do good” with it. But every individual doing things for money also intends to do good, as he or she sees it, with that money. And if we accept that people are owners of themselves, there is no obvious reason why another’s claims about what is “good” should trump any “good” that you hold dear, or provide for another in service through exchange.

Criticizing a Straw Man

Given that the charge that “people do everything for money” in market systems is both factually wrong and logically lame, why do some keep repeating it? It creates a straw man easier to argue against than reality, by misrepresenting alternatives at both the individual and societal level.

At the individual level, this assertion arises when people disagree about how to spend “public” resources (when we respect private property, this dispute disappears, because the owner has the right to do as he or she chooses with it, but cannot force others to go along with or allow it; “public” resources are obtained by force). The people who wish to spend other people’s confiscated resources in ways the original owners disagree with claim a laundry list of caring benefits their choice would provide, but foreclose similar consideration of the harms that would be caused to those they claim care only about money. That, in turn, is used to imply that the purportedly selfish person’s claims are unworthy of serious attention. (Something similar happens when politicians count “multiplier effects” where government money is spent, but ignore the symmetrical negative “multiplier effects” radiating from where the resources are taken.)

This general line draws support from a misquotation of the Bible. While more than one recent translation of 1 Tim 6:10 renders it “the love of money is a root of all sorts of evils,” the far less accurate King James Version rendered it, “the love of money is the root of all evil.” When one simply omits or forgets the first three words, it becomes something very different—“money is the root of all evil.” Portray those who disagree with your “caring” ends as simply loving money more than other people, and they lose every argument by default. Naturally, it’s a seductive strategy.

At the societal level, criticizing market systems as tainted by the love of money implies that an alternate system would escape that taint and therefore be morally preferable. By focusing attention only on an imaginary failing of market systems that would be avoided, it allows the implication of superiority to be made without having to demonstrate it. This is a version of the Nirvana fallacy.

By blaming monetary relationships for people’s failings, “reformers” imply that taking away markets’ monetary nexus will somehow make people better. But no system makes people angels; all systems must confront human flaws and failings. That means a far different question must be addressed: How well will a given system do with real, imperfect, mostly self-interested people? And it shouldn’t be necessary, but most political rhetoric makes a second question nearly as important: Does the given system assume that people are not imperfect and self-interested when they have power?

Given that the utopian alternatives offered always involve some sort of socialism or other form of tyranny, an affirmative case for them cannot be made. Only by holding the imaginary “sins” of market systems to impossible standards, while holding alternatives to no real standards except the imagination of self-proclaimed reformers, can that fact be dodged. But there’s nothing in history or theory that demonstrates that overwriting markets with expanded coercion makes people more likely to do things for others. As Anatole France noted, “Those who have given themselves the most concern about the happiness of peoples have made their neighbors very miserable.” And as economist Paul Heyne wrote, “Market systems do not produce heaven on earth. But attempts by governments to repress market systems have produced . . . something very close to hell on earth.”

Money at the Margin

Money is not everything. But changes in the amounts of money to be earned or foregone as a result of decisions change our incentives at the many margins of choice we face, and so change our behavior. Such changes—money at the margin—are the primary means of adjusting our behavior in the direction of social coordination in a market system.

Changes in monetary incentives are how we adapt to changing circumstances, because whatever their ultimate ends, everyone cares about commanding more resources for those purposes they care about. It is how we rebalance arrangements when people’s plans get out of synch, which is inevitable in our complex, dynamic world. In such cases, changing money prices allow each individual to provide added incentives to all who might offer him assistance in achieving his ends, even if he doesn’t know them, doesn’t know how they would do so, and doesn’t think about their wellbeing (in fact, it applies even if he dislikes those he deals with, as long as the benefits of the arrangements exceed his perceived personal cost of doing so).

For instance, consider a retail gas station faced with lengthy lines of cars. That reflects a failure of social cooperation between the buyers and the seller. Those in line are revealing by their actions that they are willing to bear extra costs beyond the current price to get gas, but their costs of waiting do not provide benefits to the gas station owner. So the owner will convert those costs of waiting in line, which are going to waste, into higher prices (unless prevented by government price ceilings or antigouging directives) that benefit him. That use of money at the margin benefits both buyers and sellers and results in increased amounts of gasoline supplied to buyers.

Further, people can change their behavior in response to price changes in far more ways than “outsiders,” unfamiliar with all the local circumstances, realize. This makes prices, in turn, far more powerful than anyone recognizes.

Consider water prices. If water prices rose, your first thought might well be that you had no choice but to pay them. You might very well not know how many different responses people have already had to spikes (ranging from putting different plants in front yards to building sophisticated desalinization plants). Similarly, when airline fuel prices rose sharply, few recognized in advance the number of changes that airlines could make in response: using more fuel-efficient planes, changing route structures, reducing carry-on allowances, lightening seats, removing paint, and more.

If people recognized how powerful altered market prices are in inducing appropriate changes in behavior, demonstrated by a vast range of examples, they would recognize that the cost of abandoning money at the margin, which enables these responses by offering appropriate incentives to everyone who could be of assistance in addressing the problem faced, would enormously exceed any benefit.

Massive Improvements in Social Cooperation

If we could just presume that individuals know everyone and all the things they care about and the entirety of their circumstances, we could imagine a society more focused on doing things directly for others. But in any extensive society, there is no way people could acquire that much information about the large number of people involved. Instead, this would extend the impossible information problem that Hayek’s “The Use of Knowledge in Society” laid out in regard to central planners. You can care all you want, but that won’t give you the information you need. Beyond that insuperable problem, we would also have to assume that people cared far more about strangers than human history has evidenced.

Those information and other-interestedness requirements would necessarily dictate a very small society. But the costs of those limitations, if people recognized them, would be greater than virtually anyone would be willing to bear.

Without a broad society, the gains from cross-pollination of ideas and different ways of doing things would be hamstrung. The gains from comparative advantage (areas and groups focusing on what they do best, and trading with others doing the same thing) would similarly be sharply curtailed. A very small society would eliminate the incentive for large-scale specialization (requiring more extensive markets) and division of labor that makes our standard of living possible. Virtually every product that involves a large number of separate arrangements—such as producing cars or the gasoline to power them—would disappear, because the arrangements would be overwhelmed by the costs of making them without money as the balance-tipper. As Paul Heyne once put it,

The impersonal transactions that constitute the market system . . . have, over the course of a few centuries, enormously expanded our ability to provide [for] one another . . . while at the same time vastly extending our freedom both by offering us a multitude of options and by freeing us from arbitrary restrictions on our choice of life goals and on the means to further those goals. To reject impersonal transactions as unethical amounts to rejecting the foundation of modern life.

Conclusion

A pastiche of false premises leads many to reject out of hand what Hayek recognized as the “marvel” of market systems, which, if they had arisen from deliberate human design, “would have been acclaimed as one of the greatest triumphs of the human mind.” This is great for those who seek power over others—they have an endless supply of bogeymen to promise to fight.

But it’s a disaster for social coordination. The record of disasters inflicted on society demonstrates what follows when voluntary arrangements are replaced by someone else’s purportedly superior vision.

But it’s often forgotten. We must continue to make the case.

ABOUT GARY M. GALLES

Gary M. Galles is a professor of economics at Pepperdine University.

EDITORS NOTE: The featured image is courtesy of FEE and Shutterstock.

Higher Ed: Bubble, Toil and Trouble by SANDY IKEDA

Interest rates have been in the news again so for this week’s column I thought I’d do a little back-of-the-envelope economic analysis.

What Does this Sound Like to You?

The government artificially lowers interest rates for borrowers who want to invest in a particular sector of the economy. Other things equal, that will increase the demand for assets in that sector as borrowers are misled into believing they will be worth more in the future than they actually will be. The current price of those assets will climb as will the quantity supplied (i.e., the demand curve slides up the supply curve). Borrowers will then clamor to keep borrowing rates low (or even lower) so they can afford to complete their investments, although that would also attract new borrowers. So pressure on demand continues and investment costs soar as asset prices and output keep rising.

Now, because government has kept interest rates artificially low—below the rate that would accurately reflect the actual supply and demand in the loan market—there is too much investment in those assets in relation to the actual demand for it. That means when investors try to sell their assets they will find no market for them. At that point the bubble bursts, bringing complementary sectors down with it.

If the Shoe Fits

If you think this describes the housing market from 2001 to 2006, you’d be right. Just substitute housing/houses for asset/assets and “financial sector” for “complementary sectors” in the above narrative and you would get an accurate (though incomplete) summary of the recent housing boom and bust. (For an excellent discussion of this episode, see Peter Boettke and Steven Horwitz’s essay.)

But you could substitute “higher education” into the story as well.

As an author of the Economix blog over at The New York Times reports, data from the Bureau of Labor Statistics show that “college tuition and fees today are 559 percent of their cost in 1985. In other words, they have nearly sextupled (while consumer prices have roughly doubled).” There’s a nice diagram in the post illustrating this. Tuition has been far outpacing price increases over time for consumer items, medical care, and gasoline.

Author Catherine Rampell argues, however, that “the main cause of tuition growth has been huge state funding cuts.” As an employee of a state university I can confirm that these cutbacks have indeed been taking place over the past couple of decades. The author offers some evidence to support her claim, but if you look closely, the dramatic rise in tuition still seems to outstrip the relative fall in state subsidies.

More importantly, if what she argues is true, why is it that college enrollment over the same period has been rising?

In basic economic terms, she is arguing that because the colleges are bearing more of the actual costs, the supply curve for college education has been shifting upward and to the left—causing tuition to rise and enrollment to fall. But the evidence points to a rightward shifting demand curve (like the narrative I sketched at the outset), which accounts for both the higher tuition and higher enrollment.

According to the National Center for Education Statistics,

Enrollment in degree-granting institutions increased by 11 percent between 1990 and 2000. Between 2000 and 2010, enrollment increased 37 percent, from 15.3 million to 21.0 million.

Between 2000 and 2010, the number of 18- to 24-year-olds increased from 27.3 million to 30.7 million, an increase of 12 percent, and the percentage of 18- to 24-year-olds enrolled in college rose from 35 percent in 2000 to 41 percent in 2010.

The Stafford loan program, which subsidizes student loans, began in 1988.

If Rampell is right, then shouldn’t enrollment be falling? Instead it is rising disproportionately. Just as the housing bust left tracts of houses unused, a higher-education bust would create a small army of unemployed young people.

An Act of Independence?

But just as overbuilt housing can be used for some lower-valued purpose than it was intended for, investment in education—which is sometimes more accurately described as “spending on a credential”—often goes “underemployed.”  So growing underemployment of college grads is something we should keep an eye out for.

According to The Huffington Post, “half of recent grads are working jobs that don’t require a degree, according to research from the Center for College Affordability and Productivity, released in January.”

The same article notes, “In 2000, before the economy fell into a recession, the share of recent college graduates who were either jobless or underemployed hit an 11 year low of 41 percent, according to the Associated Press.”

Now, as an article from The Washington Post makes clear, that’s not necessarily a bad thing: Some jobs don’t require a specific degree. Also, it’s unrealistic in a dynamic economy to expect the major you choose when you’re 20 to match what your comparative advantage will be later in life.

Still, it’s probably true that many young people who would otherwise get the training they need for productive jobs from trade schools and community colleges are applying to and getting into four-year colleges, as the lower rates tend to offer a higher subsidy to the latter. (Example: The savings from a lower rate on a $50,000 liberal arts college loan is greater than the savings on a $10,000 loan for community college.)

This week Congress takes a holiday to celebrate Independence Day. One of the things they’re leaving undone is negotiating a measure to keep the rates on Stafford loans from rising from 3.4 percent to 6.8 percent. Given the very real possibility of a bubble in higher education, that may actually be a blessing.

The first step to avoiding a huge bust, though some kind of correction seems to be inevitable, would be to let the Stafford-loan rates rise to reflect the realities of the loan market. That could mean a significant break in the vicious boom-bust cycle in higher education.  The question is, does Congress have the will to do nothing?

ABOUT SANDY IKEDA

Sandy Ikeda is an associate professor of economics at Purchase College, SUNY, and the author of The Dynamics of the Mixed Economy: Toward a Theory of Interventionism. He will be speaking at the FEE summer seminars “People Aren’t Pawns” and “Are Markets Just?

White House Doesn’t Live Up to Its Equal Pay Rhetoric

You’ve seen the statistic in the news that women are paid 77 cents for every dollar men are paid for doing the same work. It is part of the White House’s election year-inspired push for the Paycheck Fairness Act being debated in the Senate this week. However, this backfired when McClatchy found that the White House isn’t living up to the standard it holds other employers:

A McClatchy review of White House salaries in January found that when the same calculations that produced the 77 cents was applied to the White House, the average female pay at 1600 Pennsylvania Avenue is less than the average male pay. When counted the same way that produced the 77-cent figure, the analysis found, women overall at the White House make 91 cents for every dollar men make. That’s an average salary of $84,082 for men and $76,516 for women.

CNN’s John King called this a “textbook case” of “Do as I say, not as I do.”

CBS News’ Major Garrett looked at the White House’s explanation for pay differences [emphasis mine]:

Now the White House said its gender pay gap is tied to job experience, education, and hours worked among other factors. This matters because those explanations, according to the Labor Department, explain a good deal of the gender pay gap nationally. The big difference in these stories: When President Obama discusses this issue nationally, he doesn’t mention those other work variables, only the broad figure, that 77 cents for every dollar is what women earn compared to me….

When the factors that the White House used to defend its gender pay gap are used nationally, the Labor Department says the difference in median wages between men and women shrinks to about 5 cents to 7 cents on the dollar.

Things got more awkward for Betsey Stevenson, member of the White House Council of Economic Advisors. As Ashe Schow of the Washington Examiner points out, when challenged on the 77-cent talking point, she had to back away from the categorical declaration and got more nuanced [emphasis mine]:

“If I said 77 cents was equal pay for equal work, then I completely misspoke,” Stevenson said. “So let me just apologize and say that I certainly wouldn’t have meant to say that.”

[…]

“Seventy-seven cents captures the annual earnings of full-time, full-year women divided by the annual earnings of full-time, full-year men,” Stevenson clarified. “There are a lot of things that go into that 77-cents figure, there are a lot of things that contribute and no one’s trying to say that it’s all about discrimination, but I don’t think there’s a better figure.”

The reasons for pay differences are more complicated than talking points. In the Wall Street Journal, Mark Perry and Andrew Biggs of the American Enterprise Institute, examine the research behind the wage gap:

While the BLS reports that full-time female workers earned 81% of full-time males, that is very different than saying that women earned 81% of what men earned for doing the same jobs, while working the same hours, with the same level of risk, with the same educational background and the same years of continuous, uninterrupted work experience, and assuming no gender differences in family roles like child care. In a more comprehensive study that controlled for most of these relevant variables simultaneously—such as that from economists June and Dave O’Neill for the American Enterprise Institute in 2012—nearly all of the 23% raw gender pay gap cited by Mr. Obama can be attributed to factors other than discrimination.

Workforce discrimination still exists, and those who engage in it should be held accountable. However, the Equal Pay Act, signed into law in 1963, and other federal and state laws are in place to outlaw paying women lower wages for the same job.

The Paycheck Fairness Act being debated in the Senate will only empower plaintiff lawyers and get courts involved in setting salaries. Camille Olson, labor lawyer at Seyfarth Shaw, testified before the Senate Health, Education, Labor, and Pensions Committee that the Paycheck Fairness Act

essentially invites employees and employers to dispute in court whether certain qualifications, including education, training, or experience, are justifications for disparities in compensation. In that sense, the Act represents an unprecedented intrusion of government into the independent business decisions of private enterprises by eroding the fundamental purpose of compensation; in reality, compensation functions not only as a means to remunerate employees for work performed, but also to enable employers to attract the skills and experience likely to promote the competitiveness of the enterprise.

The bill would take compensation decisions away from employers and place “judges and juries in the human resources offices of American businesses.”

If that happened, they could look at the White House first.