Protectionism or Trade Freedom: What Do the Experts Say?

The recent presidential election has sparked a debate about international trade. Many politicians, policymakers, and media outlets seem to be unsure about whether trade is good or bad. It seems everyone has an opinion about trade.

But what do the experts say?

N. Gregory Mankiw, the Robert M. Beren Professor of Economics at Harvard University, observed: “Economists are famous for disagreeing with one another … But economists reach near unanimity on some topics, including international trade.”

Earlier this month, a panel of 51 leading economists of differing ideological views were asked to respond to this statement: “Adding new or higher import duties on products such as air conditioners, cars, and cookies—to encourage producers to make them in the U.S.—would be a good idea.”

Of those economists, 100 percent said they disagreed with the statement. Economists understand that trade provides a great benefit to Americans.

Trade means lower prices for products ranging from T-shirts to televisions, increasing families’ disposable incomes. Trade also results in the creation of new, better jobs for U.S. workers. This results in a boost in overall well-being and quality of life.

The realization that people benefit from free trade is not new. Adam Smith, the father of modern economic thought, explained that “it is the maxim of every prudent master of a family never to attempt to make at home what it will cost him more to make than to buy.”

Looking around the world, there is a striking correlation between the freedom to trade and economic prosperity. The Index of Economic Freedom, published by The Heritage Foundation, provides data that continue to show a strong correlation between trade freedom and economic prosperity.

Americans win when the government removes barriers to all kinds of freedom—including the freedom to trade. (For more from the author of “Protectionism or Trade Freedom: What Do the Experts Say?” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

A New Kind of Abortion … for Men

Society these past few decades has already made terrific inroads allowing men to avoid biological realities. Yet as progressives remind us, there is still much work to do. Here, then, is good news: it might soon become even easier for men not to be men. Introducing a novel way men can skirt their responsibilities: the so-called financial abortion.”

According to Catherine Deveny, the financial abortion “(also known as a paper abortion or a statutory abort) would essentially enable men to cut all financial and emotional ties with a child in the early stages of pregnancy.”

The financial abortion would allow a man, after having impregnated a woman, to disavow his responsibility for the child by “opt[ing] out of fatherhood early in a pregnancy.”

It’s not clear what incantation the man would have to recite to invoke the financial abortion. Perhaps he could chant “Me Not Thee” thrice in the presence of the mother and an independent witness. Whatever it is, after the spell is invoked, the father would lose forever all legal rights to the child, leaving all decisions, burdens and joys of the child to the mother.

Traditionally, a man is on the hook for his actions. At the very least, a man will incur financial obligations for his offspring, even if he wants no contact with the child or mother. On the other hand, a mother can usually, without consulting with or securing permission of the father, kill the life inside her.

To some, this imbalance between the sexes grates. Deveny says “it’s not fair for a man to be forced to become a parent.” She quotes Mel Feit, director of the National Center for Men:

Women now have control of their lives after an unplanned conception but men are routinely forced to give up control, forced to be financially responsible for choices only women are permitted to make, forced to relinquish reproductive choice.

A Swedish political group even introduced male abortion legislation, which was rebuffed. This went beyond a financial abortion; the law would have allowed fathers to have women they impregnated undergo forced actual abortions.

The financial abortion is, of course, less drastic. Doubtless, it would be appealing to many men. If financial abortions become law, a man could theoretically impregnate any woman he wants and then back out of his responsibility without penalty, as long as he followed whatever technical rules that were in place. Deveny argues, “A woman who chooses to continue a pregnancy from which a man has opted out would do so under no illusions, and be answerable to no one.”

The Purpose of Sex

Beside the natural imbalance between the sexes — an imbalance that is responsible for the continuation of mankind — why the push for financial abortions?

Deveny says, “Haven’t we moved past the thinking that people should be punished simply for engaging in pleasure? Do we really want our children to be conceived by force? … When we consent to having sex, we do not automatically consent to becoming a parent.”

These arguments are, as they must be, fallacies.

What is sex for? Deveny and many others say for fun, for the pleasure it brings. As seductive as this idea is — which of us hasn’t believed it at least once? — it must be false. The pleasure is a result of intercourse and not its purpose. Its purpose is so obvious that even Deveny knows it: Everybody knows it.

Many engage in sexual intercourse are careful to avoid its true purpose. Indeed, they do everything in their power to avoid it. Hence contraception — against conception. Anybody who uses contraception acknowledges that he understands full well the true purpose of sex, just that he wants to thwart it.

Contraception doesn’t always work; which is to say, methods to frustrate the true purpose of sex sometimes fail, as everybody also knows. In these cases, Deveny says, the fail safe is to kill that life which results from the sex. Deveny says “just because abortion may be a hard decision for some, does not mean it shouldn’t be made.” But whether one is for or against abortion, it doesn’t matter. The fact that abortion is used as a method of birth control reveals that all know the inbuilt purpose of sex: transmitting life.

This is why we can’t logically call it a “punishment” or coercive, as Deveny says, to let a sexual encounter fulfill its true purpose. You don’t have to view the child as a blessing or gift, but everybody knows that the result of sexual intercourse is often a child, and that this is natural.

This is why financial abortions are absurd. Every man engaging in sexual intercourse with a woman knows what the result might be. It therefore makes no sense that any man can disavow the child he created. (For more from the author of “A New Kind of Abortion … for Men” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

The Left Condemns ‘Fake News’ People Think Is Real. But What About Real News the Left Makes Fake?

On Sunday, a “fake news” story about a Clinton sex house based in a pizza shop took a serious turn: a man believed the story and fired a shot as he “investigated” the alleged crime. The near-shooting has put liberals in a tizzy over their newest scapegoat for President-elect Donald Trump’s victory: fake news.

This Think Progress blog post spouted crocodile tears with a headline that focused on the possibility of fake news leading to someone actually getting killed, and cited tweets from Trump and other top people surrounding him to criticize Republicans for giving credibility to fake news.

No effort was made in the post to uncover, or inform the reader about, where the “Pizzagate” rumors started. BBC did the work of tracking it back to various “facts” that were collated into a single story on a website nobody’s heard of, before it made the rounds on Reddit and Twitter.

Leftists Turning Real News Fake

For weeks, the left has expressed (sometimes valid) concern about fake news that is taken seriously, all the while ignoring the irony of Stephen Colbert and Jon Stewart being more popular among young liberals than is the mainstream press. Their expressed concern falls flat, however, given that it is liberals who have purposely taken real news stories and made them dangerously fake.

Here are 13 examples:

The fake news: Conservatives, Trump etc. are to blame for promoting fake news. The real news: Many fake news stories have been generated by the Left to fool conservatives. Think Progress and other outlets ignore this in their commentary. The harm: People may think conservatives are responsible for the creation of fake news.

The fake news: Michael Flynn, Trump’s pick for National Security Advisor, backed the #Pizzagate theory. Real news: As Mediaite reports, Flynn has participated in other conspiracy theories and/or fake news promotion. The Washington Post did issue a correction to its story claiming this. The harm: This story spread more distrust about the incoming Trump administration.

The fake news: The Southern Poverty Law Center (SPLC) claimed that “In the ten days following the election, there were almost 900 reports of harassment and intimidation from across the nation,” and “that the outbreak of hate stemmed in large part from his [Trump’s] electoral success.” The real news: Many of SPLC’s 867 alleged incidents of intimidation and harassment can’t be proven. The harm: Convincing Americans that the incoming administration is responsible and/or tied to growing boldness among racist and other bigoted groups.

The fake news: Hillary Clinton lost to Donald Trump because of America’s sexism The real news: There is no evidence of sexism, and there is modest evidence that sexism was not responsible for Clinton’s loss. The harm: Creating discord and distrust among Americans, empowering the violent protests after the election and tying the incoming administration to sexism.

The fake news: Moving on from election-related news, SPLC’s “hate list” decries numerous prominent socially conservative groups as “hate groups.” The real news: Opposing marriage’s redefinition does not make one hateful, or guilty of espousing hatred. The harm: SPLC’s list led an armed man to attack the socially conservative Family Research Council in 2012. Thankfully, nobody was killed when Floyd Corkins opened fire.

The fake news: Michael Brown was surrendering when he was shot by Officer Darren Wilson, thus the “Hands Up, Don’t Shoot” narrative promoted by Black Lives Matter activists and at the 2016 Democratic National Convention. The real news: The U.S. Department of Justice’s 2015 report proved the narrative to be false, under its first black Attorney General, Eric Holder. Brown was attacking Wilson when he was shot. The harm: Violent protesters are given credibility for their actions, and black Americans may be convinced to further distrust America’s police.

The fake news: The New York Times’ editorial board claimed it was a “fact that many police officers see black men as expendable figures on the urban landscape, not quite human beings.” The real news: As noted by the public policy group Just Facts (disclosure: Just Facts is a client of this reporter), this claim lacks credibility on its face. Specifically: “black people represent 14% of the U.S. population, at least 54% of murder offenders, and roughly 33% of the people killed by police.” The harm: As one of America’s most influential newspapers, The New York Times has now given credibility to violent anti-police activists, as well as increased fear among minorities that police do not see them as human beings.

The fake news: Planned Parenthood is banned by federal law from using federal tax dollars for abortion. The real news: As admitted by Planned Parenthood CEO Cecile Richards, Planned Parenthood can and does use federal dollars for abortions. The harm: Taxpayers are paying for Planned Parenthood’s practices, which include providing over 300,000 abortions per year.

The fake news: Unborn children can’t feel pain at 20 weeks’ gestation, and are not human. The real news: Modern science makes it clear that unborn children can indeed feel pain at 20 weeks’ gestation, and are as human at fertilization as any born person. The harm: Women believe that they are aborting clumps of cells, as opposed to their own children.

The fake news: Various claims about “assault rifles” being used in mass shootings and the use of firearms in self-defense. The real news: There are many reasons people are killed in mass shootings, which make up a fraction of the gun deaths in America. Furthermore, suicides make up almost two-thirds of gun deaths in our country. The harm: Gun control advocates’ false claims about firearms can lead to people not having the legal right to defend themselves.

The fake news: Sarah Palin is in part to blame for the shooting of then-Rep. Gabrielle Giffords (D-AZ) by Jared Loughner. The real news: Loughner was insane and had an unreasonable hatred of Giffords from a previous incident. The harm: Palin was browbeaten out of the public debate on guns and other issues, and her reputation was unfairly maligned.

The fake news: Influential liberal blogger Markos Moulitsas called conservative Christians the “American Taliban” in his widely praised 2010 book. The real news: The Taliban violently enforces its extremist views of Islam, including through terrorism and not letting women be properly educated. The harm: American Christian conservatives are being compared to terrorists.

The fake news: The Obama administration negotiated the Iran deal only after so-called “moderates” won elections. The real news: An administration official admitted that negotiations began before the elections, and that the elections were a way for the Iran deal to gain credibility. The official also admitted that the media carried water for the administration. The harm: The U.S. has paid enormous sums of money to Iran and lifted some sanctions, yet Iran may still be able to create a nuclear weapon to threaten America, Israel and other nations. (For more from the author of “The Left Condemns ‘Fake News’ People Think Is Real. But What About Real News the Left Makes Fake?” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

Carrier and the Slippery Slope

The reaction to Trump’s deal to keep 1,100 Carrier jobs in Indiana has ranged from outrage to adoration. There are so many layers to this Shakespearean drama that all points of views have some level of credence. I’m torn between the positive and negative aspects of this deal. If you’ve read Bastiat’s The Law and Hazlitt’s Economics in One Lesson, you understand the fallacies involved when government interferes in the free market. Politicians and their fanboys always concentrate on the seen aspects of government intervention, but purposely ignore the unseen consequences.

First, I wholeheartedly agree with Scott Adams’ assessment of Trump’s move as a brilliant, visible, memorable, newsworthy ploy to sway public opinion and sending a message to corporate America that he means business. Trump beat Carrier like a rented mule during the entire presidential campaign for announcing they were closing their plant in Indiana and moving the jobs to a new plant in Mexico. The publicity was so bad, I ended up getting a substantial rebate when I had a Carrier air conditioner installed in the Spring.

I’ve seen Trump worshipers trying to show what a fantastic economic deal this was for Indiana and the country. They are only looking at the scenario of staying versus leaving. The other scenario is what exists today versus what will exist tomorrow. Those 1,100 jobs already exist in Indiana. They are already paying taxes and spending money in Indiana. The taxpayers of Indiana currently have no obligation to Carrier or the employees of Carrier. With this new “fantastic” deal, the employees of Carrier are still employed, but now the the taxpayers of Indiana now have a $7 million obligation to Carrier.

This isn’t a zero sum game. The $7 million is taken from the pockets of taxpayers and will not be spent in the greater economy of Indiana. This deal is absolutely a net loss for Indiana versus where they were before the deal. The people of this country are hypocritical when it comes to keeping jobs in the U.S. They want cheap electronics, gadgets, appliances and air conditioners. Therefore, they have been buying cheap foreign made products by the trillions for the last couple decades.

Carrier was moving to Mexico for the low labor and regulatory costs. This would have allowed them to sell the air conditioners made in Mexico at a lower price than if they are made in Indiana. Therefore, the consumers of these products would have spent less money on the air conditioners, leaving excess funds to spend on other products. The purchasers of Carrier air conditioners are not benefiting from this deal. (Read more from “Carrier and the Slippery Slope” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

Is It Time to Replace the Term ‘Evangelicals’ With ‘Red Letter Christians’?

In a recent New York Times op-ed titled “The Evangelicalism of Old White Men Is Dead,” white Christian leaders Tony Campolo and Shane Claiborne argue that “the reputation of evangelicalism” is a “casualty” of the Trump election. Consequently, they suggest that this could be a “moment in our history for evangelicals to repent and be ‘born again’ again as Red Letter Christians,” meaning Christians who follow the words of Jesus, which are often printed in red in our Bibles.

Their logic is clear and straightforward.

First, they argue that evangelicalism was widely associated with Donald Trump, with more than 80 percent of white evangelicals voting for Trump despite “large numbers of African-American, Latino, Asian, young and female evangelicals who were fiercely opposed to the racism, sexism and xenophobia of Mr. Trump’s campaign and the hypocrisy of a candidate who built a casino empire while flouting morality.”

Second, they claim, “As a result, much of the good that went by the name ‘evangelicalism’ has been clouded over; now a new movement is needed to replace it.”

Third, they note that the fastest growing religious identity in America is the “nones,” meaning people who claim no religious affiliation, with millennials leading the way. And, the authors claim, “They left the church because they gave up on evangelical leadership. Nothing sums up their objections more clearly than evangelicals’ embrace of Mr. Trump. Didn’t Jesus say, ‘Blessed are the meek’ and ‘Love your enemies’”? In the words of Andy Crouch, the executive editor of Christianity Today, who criticized both candidates, evangelical enthusiasm for Mr. Trump “gives our neighbors ample reason to doubt that we believe Jesus is Lord.”

Fourth, since the future of evangelicalism does not lie with older, more conservative white evangelicals but rather with younger, non-white, more progressive evangelicals, it’s time for a new identity. Why not Red Letter Christians?

How should we respond?

First, for several years now we have heard that (white) evangelical influence in America is waning, yet the power of white evangelicals to help elect Donald Trump (and, perhaps, help influence his decision-making) reminds us that our obituary is being written prematurely. In fact, the Vice-President elect is himself a white evangelical.

Second, I welcome with joy the growing number of non-white evangelical leaders in America, and if they outnumber whites in the future (I write this as a white evangelical), to the extent that reflects national demographics, that would be absolutely wonderful. I would point out, however, that many of today’s rising, non-white evangelical leaders are strong conservatives, in contrast with some of the leaders pointed to by Campolo and Claiborne.

Third, and most importantly, Prof. Campolo, as the best-known leader in the “Red Letter Christian” movement, has put himself outside the pale of evangelicalism by embracing same-sex “marriage.” In fact, I do not believe that he can call himself a Red Letter Christian, since it is impossible to follow the words of Jesus and to embrace gay “marriage” at the same time, as was easily demonstrated a few years back on the Piers Morgan show.

And so, despite Tony Campolo putting forth many excellent challenges to the evangelical church in years past, and despite the many good works done by Shane Claiborne, I would strongly question whether they are the ones to set the next agenda for the evangelical movement, whatever that movement’s name might be.

That being said, I totally agree with them that: 1) evangelicals need to be associated with the name of Jesus more than with the name of Trump (while at the same time doing whatever they can to be a blessing to President Trump and his administration); 2) some evangelicals have hurt their own reputations by almost beatifying Trump and supporting him in a way that overlooked his failings; and 3) the words of Jesus are often grossly neglected by Christians today and paying attention to His words and seeking to follow His words would be transformational for the Church.

To offer just a few examples, paying careful attention to the words of Jesus would:

Radically redefine our standards of sexual purity (see Matthew 5:27-30).

Challenge our loose views of divorce and remarriage (see Matthew 5:31-32).

Turn our worldview upside down (see Matthew 5:3-12).

Remind of us the high cost of being disciples (see Luke 9:57-62; 14:25-35).

Call us to walk in sacrificial love to others, including our enemies (see Luke 6:27-38).

Expose our religious hypocrisy (see Matthew 23:1-39).

Renew our zeal to reach a lost and dying world (see Matthew 28:18-20).

Invite us to fresh intimacy with the Lord (see John 15:1-8).

Call us to repentance and revival, both personal and corporate (see Revelation 2:1-3:22).

Let us, then, make special note of the words of Jesus as we read our Bibles, thereby proving ourselves to be His disciples.

This is what our country needs more than anything: for the followers of Jesus to truly follow Jesus and for the church to truly be the church.

In this, I concur with Tony Campolo and Shane Claiborne. (For more from the author of “Is It Time to Replace the Term ‘Evangelicals’ With ‘Red Letter Christians’?” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

From Refugees to the Iran Deal: Will Congress Get Its Act Together Under President Trump?

For the latest evidence of the price the American people have paid for a feckless Republican Congress, look no further than the impunity with which the Obama administration is acting in a direct rebuke to the American people on one of the core national security concerns of our time.

Or was one of the central themes of the presidential election that Barack Obama’s party just lost not the need to assert American sovereignty and our national interest first by at least pausing immigration from jihadist hotspots?

Alas, it is only fitting that the swan song of this administration reads as follows: “Bring us your tired, your poor, your unvetted refugees.”

The news to which I am referring comes from a Fox report that the U.S. State Department has classified details on a deal the Obama administration cut with Australia resulting in the resettlement of approximately 2,500 refugees to the U.S. from countries such as Iran, Afghanistan and Iraq, among other Islamic supremacist-majority nations — refugees rejected by the Australians themselves.

There is the usual outrage around this deal, including the fact that the president has never articulated why it is in America’s national interest to import refugees from Islamic supremacist nations at a time when Islamic supremacists tell us they wish to infiltrate by embedding among such peoples. And what about the fact that our FBI director said we were incapable of vetting such refugees? Likewise, the Obama administration has remained mum rather than demanding that other Islamic nations take responsibility for absorbing such refugees given similarity in culture, the relative logistical ease with which such actions could be taken, financial wherewithal. Fundamentally, the Obama administration continues to show compassion for non-Americans over and above those who elected him.

A theme I raised in a recent piece in opposition to the choice of Senate Foreign Relations Cmte Chair Bob Corker, R-Tenn. (F, 45%) for secretary of state in President-elect Trump’s administration recurs in this story well, further reflecting the damage Sen. Corker has wrought and why he ought not to reach Foggy Bottom.

In a letter on the matter addressed to DHS Secretary Jeh Johnson and Secretary of State John Kerry, Sen. Chuck Grassley, R-Iowa. (D, 66%) and Rep. Bob Goodlatte, R-Va. (D, 64%) wrote “This situation is concerning for many reasons,” continuing “your departments negotiated an international agreement regarding refugees without consulting or notifying Congress.”

The very Senate treaty ratification power that readers will recall Sen. Corker turned on its head in the Iran Deal, essentially conceding the Senate’s check on the president’s seminal disastrous piece of foreign policy, is what the president relied on to negotiate this secret agreement. This follows the president’s neglect of the senate with respect to the Comprehensive Test Ban Treaty.

What fear should a president have when Congress fails to adequately use its oversight powers, powers of the purse, advice and consent and impeachment powers in the face of a rampantly lawless agenda?

A President Donald Trump is going to have to clean up President Obama’s numerous messes, and at every turn face a Democratic minority that unlike Republicans in the Obama years will have no fear of using every parliamentary and political trick and maneuver to thwart policy they do not like and corrupt that which they cannot stop.

But he is also going to have to deal with a Republican Congress that has shown itself to be lacking in spine for the last eight years.

The reassertion of Congressional power during the Trump years will certainly be a welcome thing.

Let us hope however that it is not so one-sided as to allow President Obama’s most disastrous actions to substantially survive. (For more from the author of “From Refugees to the Iran Deal: Will Congress Get Its Act Together Under President Trump?” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

What Donald Trump Could Really Do for America’s Working Class

Since as a winning candidate Donald Trump made a powerful symbol of the impending 1,000 lost jobs at Carrier Air Conditioning, it was inevitable that he would intervene in that business. It would have been politically foolish not to — and as the many savvy professionals whom he crushed in 2016 now should realize, Trump is nobody’s fool. So we learned this week that he has indeed used the many levers at an incoming president’s disposal to strong-arm/sweet-talk the company into saving those jobs for Americans, and denying them to Mexicans.

My first book was on the merits of the free market and free trade, but when I watched the footage of Carrier workers learning last year that their jobs were on the chopping block, I got teary-eyed myself and found my heart saying (despite my head) that Trump should indeed violate economic logic and engage in big government meddling, to “do something” for those workers — as Ronald Reagan once intervened against his principles to use a tariff to “save” Harley-Davidson from Japanese competitors.

Protectionism: Patriotic But Self-Defeating

There’s a strong rational case against protectionism — especially of the kind Trump engaged in here. The most benign form of protectionism, as free market economist Wilhelm Röpke explained, is a simple tariff. A small or medium tariff indeed distorts the market and imposes some inefficiency, but not necessarily more than any other form of tax. If imposed with advance notice and kept at predictable levels, businessmen and investors can simply figure it in to the cost of doing business — as they currently do the cost of environmental regulations.

What Trump did with Carrier is an order of magnitude worse: He singled out a particular company, and got the federal government down into the nuts and bolts of how it does business, threatening its corporate parent with lost federal contracts unless it made a specific decision — namely, avoid opening a factory in Mexico, and keep one open in the U.S. That is more than “leveling the playing field” against supposedly unfair foreign competition. It is picking winners and losers, like a umpire who has been bribed.

If the president gets in the business of directly trying to decide how every major manufacturing company in America makes such decisions, he is abandoning the free market altogether. Like Franklin Roosevelt, he is making himself effectively a board member of each of those companies. That starts a vicious cycle. Soon companies catch on that by threatening to move their factories abroad, they can provoke a presidential reaction — that pretty soon, the feds will move in and start offering tax breaks and other incentives, maybe extra federal contracts if they stay on American soil. Think of the squalid hog-slopping that happens when cities bid for the Olympics, or the bidding wars provoked by movie producers hungry for subsidies, and sports franchises who want new stadiums at taxpayer expense.

Making America Like the Post Office or Amtrak

All of this political meddling is profoundly wasteful, as the rotting hulks of Olympic complexes (and massive resulting deficits) testify all around the world. Such crony capitalism tends to benefit not productive and innovative companies, but those which are skilled at lobbying and greasing politicians’ palms. The more any business relies on federal help, the closer it becomes not to Southwest Airlines or Fedex, but to Amtrak and the Post Office. Is that really the way to make our companies profitable and high-paying? One of the most compelling reasons why the British voted for Brexit was to escape the micromanagement of the economy imposed by the wannabe federal government of the European Union.

Add up all those objections to protectionism, and then factor in how it raises the prices of ordinary goods for ordinary consumers, and you see why conservatives generally oppose it.

And yet, we need to look out for hard-pressed ordinary workers — the kind of people whose businesses don’t get bailed out by the U.S. federal government, as enormous Wall Street banks were after their reckless run of irresponsible investments in shaky mortgages, which crashed in 2008. Steve Bannon is right to observe that this bailout — conducted almost at gunpoint, under the threat of a “Great Depression” — was a corrupt transfer of wealth from the little guy to the “1 percenters,” which violated every tenet of free market economics and simple justice.

It is healthy that we feel some solidarity with blue collar workers simply because they’re fellow Americans — whose ancestors fought in our wars, and who still disproportionately enlist in our country’s armed services. (Long gone are the days when young men from elite schools routinely signed up for at least four years — though some Southerners still do.) The impulse to choose to “buy American” stems from the virtue of patriotism.

A Real Pro-Worker Agenda

We can be patriotic but smart. We can look out for U.S. workers without turning them into postal workers. (My dad was a mailman; as he told it, when two windows are open in a post office with a long line waiting, that means five workers sit idle, flipping through copies of Playboy they’ve stolen from the mail.) Here is a list of measures which a President Trump could take instead of Putin-style palm-greasing and browbeating to interfere with companies’ rational economic decisions. These steps would be populist in the positive sense, since they benefit the people.

Secure our country’s borders and workplaces by building a wall and making E-Verify mandatory for every business with more than five workers. Americans shouldn’t have to compete with unregulated, exploited laborers who can be threatened with deportation by their employers.

Drastically cut low-skill legal immigration, and the resettlement of refugees from distant countries. Some jobs are simply doomed to migrate overseas. But there’s no reason to fill the entry-level and low-skill jobs that can’t be outsourced with recent arrivals from other countries. Fixing immigration by itself would reduce most of the pressure on less-skilled American workers’ wages.

Cut our corporate tax rates, which are currently among the highest in the world. Stop granting tax breaks to individual companies (like Carrier) and grant them to … every company doing business in the U.S.

Greatly increase the per-child tax deduction for families, who are struggling under the regressive Social Security tax.

Promote school choice not by creating vouchers, which would give federal bureaucrats control over even private, Christian schools. Instead, create large and refundable tax credits which parents could use for tuition at any school — including home schools.

In one “grand bargain” piece of legislation, dismantle the labyrinth of regulations imposed after 2008 on banks to prevent them from failing, and use anti-trust laws to break up enormous banks that can threaten the whole economy with their reckless investments. Any bank that’s “too big to fail” is too big to exist — and the proliferation of such banks offers a perfect excuse for massive government meddling in that sector of the economy.

Reverse Richard Nixon’s massive blunder, and as George Gilder recommends, recouple U.S. currency to the price of gold. America’s post-war boom took place on a modified gold standard, and 1970s stagflation resulted when we abandoned it. Some link to an external commodity in limited supply in the real world would stop the Federal Reserve from massively inflating the money supply every time an incumbent president wanted to win an election — and sparking a mindless “boom” of wasteful investments in pointless dotcom startups and dodgy real estate boondoggles.

Each of these ideas is Constitutional, populist and economically sound. A Trump administration could stick up for blue-collar workers and middle-class families without descending intp cronyism and corporatism. It just takes imagination and political courage. (For more from the author of “What Donald Trump Could Really Do for America’s Working Class” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

The Trump Administration Should Crack Down on Silly Rules That Carry Criminal Penalties

President-elect Donald Trump’s “Contract with the American Voter” pledges that “for every new federal regulation, two existing regulations must be eliminated.”

This should be celebrated by the majority of Americans who think the federal government does too much.

At the outset of this regulatory unwinding, one potential priority stands out above the others. The Trump administration should review the 300,000 or more federal regulations that carry criminal penalties with the goal of amending them to carry only noncriminal sanctions—or otherwise, repeal them altogether.

Over a century ago, the Supreme Court decided that Congress may set a criminal penalty “for violations of regulations to be made by an executive officer.” (United States v. Grimaud (1911)). Since then, writes former U.S. Attorney General Edwin Meese III, the “Congress has delegated to a host of federal agencies the power to define by regulation the elements of a broad range of different criminal laws.”

Today, these regulations number over 300,000. They are published in the bowels of the federal register—the place where few people outside of law firms and major corporations look to find laws—and are often drafted in ambiguous and often hyper-technical language that can’t be understood.

One might assume that if a regulation is serious enough for violators to be subject to criminal prosecution, it would be designed to prohibit conduct that is seriously harmful and morally condemnable. But this is often not the case.

For example, no one worries when they leave their house at night that a dog might bark at a squirrel. Most people don’t even pretend that they could prevent all dogs from barking. Yet it is a federal crime to allow a pet to make a noise that scares wildlife within a national park.

Nobody fears a local ice cream store might put a few too many drops of wine into a wine sorbet for sale. But that is also a federal crime punishable by up to one year in jail and fines of up to $1,000.

Consider John Sturgeon’s story as told by Heritage Foundation scholar Paul Larkin:

For more than 15 years, John Sturgeon used a hovercraft to reach moose-hunting grounds in Alaska without any incident or objection. Then, one day in 2007, two National Park Service rangers told Sturgeon that he was on federal property and hovercraft were illegal.

What followed this was almost a decade of costly litigation that concerned “federal criminal regulations no one knows (riding a hovercraft is prohibited) in places where no one lives (Alaskan backcountry).”

With little to no input from or accountability to voters, bureaucrats have run amok with the power to create new crimes.

One account on the Twitter social media platform titled “A Crime a Day” features plenty more federal criminal regulations that deserve scrutiny from any administration that is intent on reducing the size, scope, and power of the administrative state. These include:

Making it a crime to sell mixed nuts if the nuts pictured on the label aren’t in decreasing weight order (21 USC §333 & 21 CFR §164.110(f)).

Making it a federal crime to let small cigars leave the cigar factory unless they’re labeled “small” or “little” (26 USC §5762 & 27 CFR §41.73).

Making it a crime for amateur radio operators to sell amateur radio equipment, and using amateur radio too often (47 USC §502 & 47 CFR §97.113).

Making it a federal crime for the operator of a wharf to let his longshoremen use common drinking cups (33 USC §941(f) & 29 CFR §1918.95(b)(3)).

As these provisions convey, there are key differences between regulations and criminal statutes that must not be overlooked.

John Malcolm, director of The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies, has previously written:

Criminal laws are meant to enforce a commonly accepted moral code backed by the full force and authority of the government. Regulations, on the other hand, are meant to establish rules of the road in a variety of areas designed to curb excesses and to address consequences in a complex, rapidly evolving, highly industrialized society, with penalties attached for violations of those rules.

Allowing bureaucrats to enforce policy agendas with criminal penalties, and thus to create crimes that neither Congress nor the public likely ever imagined or intended, can have serious consequences. Malcolm continues:

While people often debate whether our society is overregulated, regardless of one’s views on that subject, it is important to recognize that there is a significant difference between regulations that carry civil or administrative penalties for violations and regulations that carry criminal penalties for violations. Individuals caught up in the latter may find themselves deprived of their liberty and stripped of their right to vote, to sit on a jury, and to possess a firearm, among other penalties that simply do not apply when someone violates a regulation that carries only civil or administrative penalties.

Experience shows that swift and certain civil sanctions are enough for agencies to deter and punish misconduct. In fact, even these are sometimes too severe.

Consider the example of Andy Johnson, a Wyoming welder. The Environmental Protection Agency fined him $16 million—$37,500 a day—for constructing a stock pond on his private 8-acre farm. Johnson described these penalties as “very threatening.”

Heritage scholars James Gattuso and Diane Katz report that the Obama administration “is responsible for an unparalleled expansion of the regulatory state, with the imposition of 229 major regulations since 2009 at a cost of $108 billion annually.”

Many regulations from previous administrations can and should be reviewed by a new administration seeking meaningful deregulation.

Yet “many of the worst effects” of overregulation, write Gattuso and Katz, such as “the loss of freedom and opportunity,” are greatest where violating an arcane regulation can be met with jail time, criminal fines, and all of the consequences that come with criminal prosecution and conviction.

So long as the Trump administration is looking for regulations to axe, officials in the Justice Department, federal agencies, and Congress should work together to strike as many regulatory crimes as possible. (For more from the author of “The Trump Administration Should Crack Down on Silly Rules That Carry Criminal Penalties” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

Top 4 Homeland Security Issues for the Trump Administration

President-elect Donald Trump and his soon-to-be-selected secretary of homeland security will have a full plate when they take over in January.

Indeed, there are so many areas for reform and improvement that any efforts to fix the Department of Homeland Security could easily get bogged down.

Luckily, The Heritage Foundation has identified four main priorities that the next administration should focus on.

1. DHS Management

DHS management needs to be fixed. Its organizational cohesiveness and central leadership continue to present significant challenges that require more work than the Obama administration’s Unity of Effort initiative.

Additionally, the DHS’ office policy should be strengthened to create intra-agency policy, resolve agency disputes, and, above all, drive structural change so that DHS components can work more efficiently as a cohesive unit.

Luckily, the newly released National Defense Authorization Act conference report takes a step in this direction by upgrading the head of the DHS office of policy from assistant secretary to under secretary.

2. Immigration Laws

Current immigration laws must be enforced. In fiscal year 2015, DHS data show that only 462,463 removals and returns occurred—the lowest number since 1971. Immigration and Customs Enforcement deported merely 63,000 criminal illegal immigrants from the U.S. compared to 150,000 in 2015.

President Barack Obama’s executive actions on immigration enforcement must be rescinded, and the 287(g) program, which trains and deputizes state and local police to help enforce immigration laws, needs to be strengthened.

Rapid-removal authority under Section 235 of the Immigration and Nationality Act should be expanded to discourage surges of illegal immigration. Additional prosecutors, judges, and agents should be requested so that more cases can be heard and illegal immigrants deported.

The U.S. also needs to make sure these criminal illegal immigrants appear at their designated court hearings by expanding effective “alternatives to detention,” such as GPS tracking anklets.

3. Cybersecurity

DHS has a much larger role in domestic cybersecurity due to the passage of the Cybersecurity Information Sharing Act. The primary purpose of that bill was to make information sharing between private and public sectors more efficient.

This sharing will need to be monitored and improved, together with DHS’ intrusion detection and prevention system known as Einstein.

DHS will also need to play a role in helping the Trump administration respond to state-sponsored and directed cyberattacks. The U.S. should deploy all the tools at its disposal, including diplomatic, legal, visa, financial, and others, to retaliate.

4. Proper, Thorough Vetting

There is growing concern over how individuals, whether they are refugees, permanent immigrants, or visitors, are vetted before entering the U.S.

The refugee process takes on average 12-18 months to complete, with background checks being requested through various department databases, including the State Department, DHS, FBI, and National Counterterrorism Center databases.

Interviews are conducted that ask security and country-specific questions. In the case of Syrian refugees, the Syrian Enhanced Review has already started applying additional scrutiny to cases.

Congress needs detailed information from the administration on the nature of the risks incurred in the vetting process, and how it plans to mitigate those risks. Congress and the administration must also work together to begin the much-needed repair of America’s intelligence capabilities.

For regular immigrants and visitors, there is the traditional visa process, which involves a less lengthy but similar vetting process. San Bernardino attacker Tashfeen Malik managed to slip through this system, proving that there is always room for improvement.

Visitors from many countries are able to use the Visa Waiver Program, which does not require an in-person interview in order for the applicant to travel to the U.S.

Instead, VWP countries provide the U.S. with important intelligence on a variety of things, including known and suspected terrorists, serious criminals, and lost and stolen passports, as well as improving their airport security. VWP is a unique tool that is extremely valuable for U.S. security and should be strengthened and expanded.

In order to keep our homeland secure, the next homeland security secretary should prioritize these four issues. These reforms are essential to a cohesive, effective, and efficient Department of Homeland Security that can keep the U.S. safe. (For more from the author of “Top 4 Homeland Security Issues for the Trump Administration” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.

Why Job-Based Health Insurance Is Terrible for Americans’ Health and Wallets

One of the problems with working in the realm of health care policy is that there are a lot of landmines on the path to reform, both political and technical in nature. So many of these obstacles are government created — from the big entitlements to state and local regulations — but one hurdle many people don’t think about is employer-provided health care.

Over half of all Americans get their health care coverage through their employer. Since it’s been that way for decades, folks tend to assume it’s a natural creation of the free market. What’s more, a great many of the people who get their health insurance as a perk of the job are pretty okay with that and certainly don’t see employer-provided insurance as a problem.

So here’s the short story of why employer-provided insurance isn’t natural, and in many respects is holding back patient-centered health care reform.

A brief history of the employer health care tax credit

The reason that employer-provided insurance looms so large in the private insurance market is because of a tax incentive that dates all the way back to World War II. In the midst of the war, the government imposed strict wage controls on many industries in an attempt to tamp down on the costs of war goods. But wages are one of the prime ways for companies to compete for higher quality workers.

As a result of these wage controls, companies turned to alternative ways to attract the best workers. And it turns out, the health insurance and other “benefits” didn’t count as “wages” for the government’s purposes. In fact, businesses figured out that they could deduct money used towards providing these benefits as a business expense in their taxes. For its part, Congress not only turned a blind eye to this practice, it formally encoded the deductibility of employee health benefits into the tax code in 1954.

From that point on, a company would have been foolish not to include health benefits as a part of its offers to prospective long-term employees. Not only were health benefits an attractive selling point on their own, paying the equivalent amount in wages would have subjected both workers and employers to the exorbitant income and payroll taxes that the uber-progressive Roosevelt administration left behind.

Why employer health insurance is not the awesome thing you might think it is

So the dominance of employer-provided care in the American market is largely an accident of tax policy. Yet, to be fair, if have a long-term, stable job with full health benefits provided by your company, this model is pretty cool. So why is it a problem?

What if the company goes under? What if you really would rather change jobs, but your child has an expensive condition that might not be covered under another company’s plan? Or your company’s version of a health “benefit” is to provide you an HMO plan where the insurer gets to dictate every bit of what doctors you can see and what treatments you can get?

What if, instead of your employer benefit, you’d rather have that same amount of money to invest in a private insurance plan of your choosing, and maybe (if your chosen plan is less expensive) something else? What if you don’t believe in some of the medical practices your premiums help cover, like abortions, and you’d rather opt for a different model of care entirely?

Well, if you opt out of your employer’s benefits, good luck. Your insurance costs and most of your health care costs on the private market aren’t tax-deductible. It’s like taking an enormous pay cut.

In addition, the modern economy increasingly doesn’t accommodate the kind of close company ties that made employer-provided insurance so popular. Younger workers are switching jobs more often, and innovations in technology have led to the creation of a broad “gig economy” where more people are self-employed or work contracts and odd jobs for multiple employers.

Incentivizing overuse

Worse, because employers would rather not suffer any more payroll taxes than necessary, they’re inclined to offer the best, most comprehensive “Cadillac” insurance plans possible rather than simply paying employees more. These super-expensive, low-deductible, nearly zero-copay plans create an incentive for people to be totally unrestricted with their consumption of health care services. After all, their insurance company pays all the bills, so if out-of-pocket cost for a given procedure is only $20, who cares how much it actually costs?

Overconsumption of health care is only the beginning of the problem created by an abundance of insurance plans that make health care seem “free” to consumers. Without the market forces created by customers comparing prices and trying to find the best value for good quality service, the price of health care is left mostly to negotiations between third-party payers and hospitals and doctors. Add in the costs imposed to health care providers by stingy government services like Medicaid, and private insurers become locked into a constant dance with hospitals to offer lower compensation for higher charged costs.

Individuals who don’t like their employers’ choices of care, who don’t have the employer option at all, or who don’t want to go through insurance for whatever reason, are left to deal with prices of care that are geared towards getting the most out of insurance corporations and the government. For many services, those are prices which many individuals cannot possibly afford.

This is not a functioning free market and hasn’t been for at least a couple generations.

Towards a free market in health care

These gold-plated insurance plans wouldn’t cease to exist in a fully free market, but given the option between an excessively generous insurance plan and keeping some of that money for other purposes, many people would certainly choose the latter. Rather than $10,000 worth of “free” insurance, some employees might prefer to have that cash to shop for the amount of covers that best suits them, in a competitive market.

One crucial step towards this is to allow a competitive individual market to exist in the first place. That means repealing all of Obama care’s regulations on what services every insurance plan must cover and what insurance companies are allowed to charge to which customers, and all the rest. In the digital age, it is hard to imagine that private websites would not step in to ease the process of choosing a plan in place of the existing healthcare.gov interface.

And then you allow individuals to keep more of their own income to purchase the health coverage they want tax-free, just like companies do. The large majority of political support in Republican circles appears to lean towards providing this relief through insurance premium tax credits (Speaker Paul Ryan, R-Wisc. (F, 51%) and HHS Secretary nominee Dr. Tom Price, R-Ga. (D, 62%) both back this approach, among others).

There are a multitude of problems with this approach in my view, which I’ll get into in its own article about why tax-deductible contributions to large HSAs are a superior approach. Regardless, the aim is to allow consumers the maximum amount of choice and flexibility in acquiring coverage. What consumers demand will go a long way towards determining whether employer-sponsored insurance remains the avenue for health care access for a majority of Americans.

Free markets aren’t predictable, and politicians hate risk

The fact is, no one knows exactly what the market response would be to leveling the playing ground between individuals and employers in buying health services. Will it lead to employers just dumping their workforces into the markets? Probably not, but it’s not impossible. The thing about individuals and service providers acting within a free market is that their behavior is never fully predictable. But the beauty of it is that demand also sparks innovation, and individuals who are able to keep more of their own money to buy the care they need are likely to encourage all manner of avenues for providing access to health care that aren’t common or even extant right now.

But politicians naturally hate uncertainty. Uncertain outcomes that don’t go as well as they hope can lead to bad elections for them, so their incentives are always to create more rigid guidelines, less freedom of choice. Conservatives must be on guard for this tendency. They mustalways push for health care reforms that emphasize breaking down barriers to free markets instead of merely setting up another, slightly more benevolent, set of guidelines that merely makes government-granted health coverage work slightly better than Obamacare.

It may very well be that a free market approach dramatically reduces the role of employers in the American health care system over time. Transitioning from a government dominated marketplace to a system that is more patient-centered and market-oriented will involve substantial change. But maintaining the government-created insurance model that priced many Americans out of affordable health care even before Obamacare would keep the momentum on the side of the progressives, sliding inexorably towards total government control. (For more from the author of “Why Job-Based Health Insurance Is Terrible for Americans’ Health and Wallets” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.