The Enterprise Blog

Archive for February, 2011

James DeLong

Flushing Money Down the Toilet

By James DeLong

February 28, 2011, 5:00 pm

One of the most ridiculous regulatory actions of the past few years (and that is a stiff competition) has been the move to require low-flow toilets in the interests of water conservation, even for those areas in which water is not in short supply.

So it is with a frisson of joy that one reads the effect of the regulation on that capital of greensterism, San Francisco. Too much sludge is backing up, and the aroma is offensive. The city is spending millions on sewage plant upgrades, partly to combat the odor, and millions more on bleach, which will be—wait for it—pumped into San Francisco Bay at a rate of 8.5 million pounds per year. Naturally, an environmental movement has arisen to protest this.

The claimed benefit from low-flow toilets is a savings of 20 million gallons of water per year. This leads to an interesting calculation, because a single family home in SF pays $10.50 for its first 300 cubic feet of water use, and $4.90 for each 100 cubic feet used thereafter. One cubic foot equals 7.48 gallons, so the total value the city places on the 20 million gallons saved by the low-flow program is $131,000.

In fact, the 20 million gallon savings from low flow looks too conservative to me, unless San Franciscans really know how to hold their water, but it would take a lot of savings to make up for the costs imposed by the sludge backup.

The fundamental point stands: it is absurd to price water at $0.006 per gallon, and then force people to spend hundreds of dollars in money, and more in other inconveniences, to reduce this cost. If a toilet is flushed five times a day, with a gallon of water saved each time, the value saved is 3 cents, and the annual savings are $10.95.

San Francisco says that low-flow toilets can save a family of four 20,000 gallons per year, a number which must assume very old toilets that use a phenomenal amount of water (or serious health problems), but even this number results in savings of only $120 for the family for the year, which would hardly justify multiple multi-hundred dollar toilet investments. Not to worry though, because the taxpayers will subsidize the purchase for you. Of course, the subsidy only applies to super low-flow, and one might logically wonder if this will not actually increase the sludge/odor/bleach problem, so that every dollar of misspent subsidy requires further expenditures to offset the bad effects. Oh well, they can always take the money from the schools, since it looks like nobody in the government can do arithmetic anyway.

Nick Schulz

Separated at Birth: Nixon and Beatty

By Nick Schulz

February 28, 2011, 4:51 pm

Jonah, the Golden Globes has emerged as a much better awards show.

The best part of last night was the realization that Warren Beatty is starting to look like Dick Nixon as he ages. There’s poetry in that.

Jonah Goldberg

Time to Pull Up the Red Carpet

By Jonah Goldberg

February 28, 2011, 4:35 pm

If there’s one thing folks at AEI should understand, it’s the concept of comparative advantage. And that’s why I am proud to be the first AEI scholar (actually I’m just a visiting fellow) to offer Oscar commentary (take that, Charles Murray!).

Last night’s Oscars were, to borrow a phrase from social science, craptacular.

It’s difficult to remember a more boring Oscar ceremony, and that’s saying something. Oscar ceremonies are by their nature boring, like driving from Ulan Bator to Bishkek, an interesting start and an interesting finish punctuated by a vast expanse of boredom, with the tingling hope for excitement in-between satisfied by the occasional mishap.

That wasn’t the plan. The Academy tapped whippersnappers Anne Hathaway and James Franco to quicken the blood of the geezers and attract some youngsters. Hathaway even admitted as much. When Franco said she looked good, she replied, “Thanks, James. You look appealing to a younger demographic, too.”

The problem, in the words of the Boston Globe, is that the Academy hired “two young people to play old people playing young people.” Hathaway and Franco were akin to the Youth Brigade of the Soviet Communist Party; young people acting like they were full of joie de vivre as they played the part dictated by their elders. In fairness, the fact that Franco seemed like he had just emerged from a van full of pot smoke did lend him some authenticity, even if it did irreparable damage to his timing.

There were references to Twitter that if anything made Twitter the cultural equivalent of the Victrola.

Meanwhile, the actual movie about allegedly hip social media (The Social Network) lost to a movie (The King’s Speech) about an era where people actually listened to Victrolas.

The interesting point here, to the extent there is one, is that for all of the Academy’s alleged forward-thinking and Hollywood’s obsession with being hip and progressive, the Oscars themselves are irredeemably antediluvian. Spending nearly four hours on a self-congratulatory pageant put on by the country’s most pampered guild is simply an old-fashioned thing in an age when attention spans can barely get you to the end of this sentence. The Oscars aren’t going anywhere, and that’s fine. But it would be better for all concerned if the producers simply came to grips with what the thing is and what it is not. And, in a nutshell, they’re old-fashioned.

When twenty-somethings don Confederate military uniforms for re-enactments, no one confuses the exercise for something hip and modern. The same goes for tuxedos and ball gowns.

The most damaging cuts in the 2012 defense budget may be among the hardest to detect. Tucked away in the Army and Marine Corps personnel accounts will be reductions in recruiting and retention spending that reflect the first, thin edge of the force cuts that won’t be fully implemented for a couple of years. But by then the die will have been cast, not only for America’s land forces but also for our presence in Iraq, Afghanistan and whatever other future conflict will—inevitably, whether we admit it or not—require boots on the ground.

The force cuts will take away almost all of the tardy and inadequate increases of the late Bush years; with the Iraq “surge” of 2007 came the belated recognition that the size of the Army and Marine Corps could not sustain the effort needed. Despite painful lessons to the contrary, our nation is on the cusp of a thank-God-that’s-over moment—just as the Greater Middle East, the theater where land forces have proved so essential, appears to be on the verge of the kind of democratic revolution for which so many soldiers and Marines have fought and died over the past generation.

When Defense Secretary Robert Gates addressed cadets at West Point on Friday, he told them, “When it comes to predicting the nature and location of our next military engagements, since Vietnam, our record is perfect: we have never once gotten it right.” The cuts in the fiscal 2012 defense budget are a bet that our withdrawal plans for Iraq and Afghanistan will go as planned for the next three years and that nothing new will come up. In other words, our record of perfection will remain intact.

Cross-posted at the Washington Post.

Image by Isafmedia.

Kenneth P. Green

Your Energy Future at Work!

By Kenneth P. Green

February 28, 2011, 1:22 pm

Courtesy of the folks at the Department of Energy, we have a glimpse of your future ultra-low-energy office environment. In reporting on a super-efficient building that the DoE built as part of their research into energy conservation, the Wall Street Journal reports:

Working at NREL requires some sacrifices. An alert flashes on employees’ laptops when it’s time to adjust the windows nearest them. Central air and heat is generally used only in conference rooms, so temperatures in the rest of the building fluctuate from 68 to 76 degrees.

But NREL supervisors are pleased with how well the staff has adapted to a building that is decidedly quirky. Mr. Detamore, the construction planner, says the staff seems proud to help make the facility efficient. “People really dig it,” he says.

Each cubicle is on a strict energy budget of 55 watts. That means employees get a phone, a laptop and a task light. That’s it.

Combination print-fax-copy machines are centrally located; each is shared by about 50 workers. “It’s been…different,” says Jennifer Daw, a project manager in the building.

Asked what she misses about her old office, Ms. Daw doesn’t hesitate: “My heater. That’s at the top of my list,” she says. “But I drink lots of hot water,” she adds, waiting for the communal microwave to warm a mug of tea. Overall, she says, she finds the new space pleasant.

So, let’s see, there goes my clip on desk fan, my desk clock, my adapters for charging my cell phone and Kindle, and my overhead, non-glare fluorescent lighting. What a bright future! One has to wonder how much productivity is lost in the constant window changing, sweater donning and doffing, sleeve rolling and unrolling, and trips to the “communal microwave” for hot beverages.

And think of your next performance review. “Comrade Green, according to your cubicle smart meter and smart chair, you were 5 seconds late to adjust your windows on more than one occasion. The energy wasted because of this will come out of your salary next month. In addition, your typing accuracy was not optimal for minimizing energy use by your laptop computer. According to our keystroke loggers, your error rate when typing increased time spent with the computer in full-power mode by more than 5%. That energy cost will also come out of your next paycheck. Further, you will be assessed a surcharge for your frequent use of the communal microwave, with an additional surcharge for drinking caffeinated beverages, which violate our ‘healthy eating’ guidelines. Speaking of which, our water-less smart urinal shows that your salt intake is too high, another violation of our healthy eating guidelines…”

Andrew Biggs

Lining Up for Government Jobs

By Andrew Biggs

February 28, 2011, 11:26 am

In recent days there’s been a lot of debate, both in the press and among the wonk community, regarding public-sector pay: Are government workers better compensated overall than private-sector employees? The Economic Policy Institute has released a series of studies claiming that they are not, including a report on pay in Wisconsin. I’ve raised a number of questions regarding their methodology and Jason Richwine and I published a Wall Street Journal piece last week that corrected EPI’s errors with regard to California public employee pay. All of our methods try to explicitly calculate the values of salaries, benefits, and (in our case) job security, adding them together to value overall compensation.

But there’s a second approach that deserves attention. The so-called “job queues” literature tries to gauge market demand for public-sector jobs, assuming that market demand will capture the total effects of salaries, benefits, job security, and other job attributes that ordinary methods might miss. If there’s excess demand for public jobs over private positions then we can infer that the overall package offered in the public sector is more attractive.

Years ago, Alan Krueger examined the number of applications per open federal position versus private jobs and found that federal jobs receive more applications. Steven Venti of Dartmouth found evidence of a significant excess demand for federal jobs, such that even pay cuts on the order of 16 percent would have little impact on the quality of applicants.

At the state/local level, a 1993 paper by John Heywood of the University of Wisconsin and Madhu S. Mohanty of the University of California used a job queues approach to measure the desirability of state/local employment (no ungated version available, it seems). To begin, they state:

The concept of a job queue is a fundamental notion in labor economics. If the net utility of certain jobs, the sum of pecuniary and non-pecuniary benefits, exceeds that necessary to clear the labor market, workers will wait for openings in these jobs. This process of queuing may involve workers waiting while unemployed or while temporarily working in other jobs. Indeed, this theory is so well ingrained that the very presence of large numbers of workers waiting for certain jobs has often been taken as evidence that those jobs provide greater than equilibrium compensation.

Importantly, the job queue is a reflection of the overall job package, not any single aspect of it.

Using detailed individual-level survey data, the authors simulate how workers decide what jobs to seek and how employers decide which workers to hire. The key is that, while most worker characteristics affect both their desire to hold a given job and the desire of employers to hire them, workers seeking new jobs in the public sector may have to give up seniority or vested retirement benefits at their current job. This matters to them, but not to their employer. Exploiting this difference allows the authors to isolate demand for public jobs.

Heywood and Mohanty find an unequivocal queue for local government jobs, meaning that many private-sector workers would like to get government employment but can’t. But their model initially doesn’t find a queue for state government jobs. However, the authors find that when their model controls for whether individuals are in unions, a clear state jobs queue shows up as well. The reason, they believe, is that public-sector jobs resemble union jobs in terms of salaries, benefits, and job security, so controlling for union status improves the fit of the model and generates the result that a queue exists for state government jobs as well. The authors conclude:

Given contradictory and incomplete evidence on the compensation of state and local government workers, our results add important insights. They suggest that, despite evidence showing such workers may have lower than private sector wages, jobs in the state and local sectors are unusually desirable: the net compensation, both pecuniary and non-pecuniary, may be higher for such jobs.

In short, state and local government jobs offer workers higher total compensation than those individuals could get in the private sector. As a result, people are lining up to get them.

Image by Sylvar.

Eberstadt: Future demographic pressures may constrain global economic growth. “World Population Prospects and the Global Economic Outlook
Wolfowitz:Libya’s Oil Curse Has Stained the West
Wolfowitz and O’Hanlon:US Must Take the Lead on Libya
Gingrich:If It Comes to a Shutdown, the GOP Should Stick to Its Principles
Herman:Debunking the Myths of Desert Storm
Barone:Voting for the National Interest, Not Self-Interest
Donnelly:What’s Lost in the House Budget Cuts
Rubin:More Deaths in Iraqi Kurdistan
Hassett: NFL’s Wage Fix May Give Us Not-So-Super Bowl

Frank Buckles, RIP

By The Editors

February 28, 2011, 10:32 am

MORGANTOWN, W.Va. — Frank Buckles was repeatedly rejected by military recruiters and got into uniform at 16 after lying about his age. He would later become the last surviving U.S. veteran of World War I.

Buckles, who also survived being a civilian POW in the Philippines in World War II, died of natural causes Sunday at his home in Charles Town, biographer and family spokesman David DeJonge said. He was 110.

Buckles would have wanted people to remember him as “the last torchbearer” for World War I, DeJonge said Monday.

More here.

According to the fact sheet posted at the website of the U.S. Mission to the UN (curiously, the actual text is not yet available at either the websites of the UN, the State Department, or USUN), Security Council Resolution 1970, among other provisions, imposes:

– An arms embargo and other arms restrictions.

– All states are prohibited to provide any kind of arms to Libya.

– All states are prohibited from allowing the transit to Libya of mercenaries.

– Libya is prohibited from exporting any arms to any other state.

– States are called upon to inspect suspicious cargo that may contain arms. When such arms are found, states are required to seize and dispose of them.

From this summary it would seem that the resolution makes no distinction between the Qaddafi regime and its opponents, including the newly declared Provisional Government. That would make illegal under international law precisely the kind of assistance that the anti-Qaddafi forces most need at this moment.

No one who is thinking of supplying Qaddafi with arms at this point is going to care about what a UN resolution says. So this provision has no effect on Qaddafi now, though it might have sent a useful signal a week earlier.

However, the United States and other countries who might supply the rebels may not be able to legally do so until the resolution is changed. This will cause further delay and put weight on the side of those who are probably arguing that supplying arms to anyone would represent too much U.S. involvement.

If that sounds absurd, it is exactly what the United States and the “international community” did at the outset of the war in Bosnia 19 years ago. The embargo on the Bosnians remained in effect for years, depriving them of the means to defend themselves, with the argument advanced that supplying arms to either side would simply prolong the war. In fact, what prolonged the war was the weakness of the Bosnians. By depriving them of the means to defend themselves, the arms embargo caused tens of thousands of deaths and eventually required the United States to intervene militarily, deploying tens of thousands of American troops over the course of a decade. It left the government of Bosnia permanently shattered and strengthened radical influences, including foreign Islamist extremists, in Bosnian politics.

Let’s hope the text is different than the summary. If not, an urgent effort needs to be made to revise the provision.

Image by Javier Carbajal.

Jay Richards

Artificial Intelligence and Agency

By Jay Richards

February 26, 2011, 10:05 am

I’ve received a number of interesting responses from my piece on the IBM computer, Watson, which beat the two reigning human champions in “Jeopardy!,” the popular game show. I advised calm and restraint in response to developments in artificial intelligence, because the “weak” artificial intelligence (AI) that we see in computers does not equal (or even lead to) “strong” AI in which computers are conscious, free agents. No matter how fast and sophisticated they get, we still know what’s going on inside them, and it’s not consciousness. This is entirely different from our own situation, in which we directly experience our own consciousness but have little idea how it works, or how it relates to, say, brain activity.

Unfortunately, many of those who concede the argument still seem worried about AI. So it’s nice to see some common sense from Stanley Fish at The New York Times blog. Fish argues that one of the things that distinguishes us from computers is that we know which rules apply in which situations and when the rules need to be adjusted to take account of new situations. We also often break the rules that we’re supposed to follow. Computers, in contrast, are programmed to follow rules, and that’s what they do.

Though he doesn’t quite say this, one of the implications of Fish’s argument would be that human beings can sin; computers can’t. I’ll have to think more about that argument. But his conclusion seems spot-on. Watson, he says, is

just a bigger and fancier version of my laptop’s totally annoying program. It decomposes the question put to it into discrete bits of data and then searches its vast data base for statistically frequent combinations of the bits it is working with.  The achievement is impressive but it is a wholly formal achievement that involves no knowledge (the computer doesn’t know anything in the relevant sense of “know”); and it does not come within a million miles of replicating the achievements of everyday human thought.

Watson’s builders know this; when they are interviewed they are careful to stay away from claims that their creation simulates human mental processes (although they also murmur something about future hopes). But those in charge of the artificial intelligence hype are not so careful and they delight in exciting us and frightening us with the fiction of a machine that can think. It’s great theater, or in Watson’s case, great television, but that’s all it is.

Developments in AI are fascinating and hold great promise for improving our lives. It’s ironic that “those in charge of artificial intelligence hype” are preventing many people from seeing this.

Image by Wikimedia Commons.

The White House has tweeted out its announcement that at 5:15 p.m. ET President Obama is finally going to speak his mind on Libya lo these many days and many deaths. That’s great, and I hope the president will signal that as leader of the free world, he will be more than what he has heretofore been, an observer of the greatest upheaval in the Arab world in decades. Those eager to excuse this particular president have rushed to explain away the commander in chief’s reticence, rationalizing that he would have spoken out had all the Americans in Libya been evacuated. As I wrote earlier this week, that excuse is just plain lame. While the president certainly could have refrained from personal attacks on Qadhafi or even from announcing that the United States is looking into possible sanctions—both possibly inflammatory —the notion that diplomatic caution precluded him from personally standing and condemning the wholesale massacre of innocent civilians is simply ridiculous. It certainly didn’t stop other leaders.

Finally, let’s note that my—and much other—criticism of the president would not have been so harsh had he stood up courageously and quickly in the face of this season’s earlier revolutions in Tunisia or Egypt. But he didn’t.

Image by Samantha Appleton.

The chart below shows male and female employment levels on a monthly basis back to January 2002.

What are some of the conclusions we can draw from the U.S. employment data over the last three years? Here are a few:

1. From the peak of almost 138 million payroll jobs when the recession started, the U.S. economy has lost 7.7 million jobs since December 2007. Of those 7.7 million job losses, 5.1 million are jobs previously held by men, which represent 66.1 percent of the total recession-related job losses. Women have lost 2.61 million jobs, or 33.9 percent of the total losses from December 2007 to January 2011. Never before in U.S. history have jobs losses fallen so disproportionately on one gender as during the 2007–2009 recession, a period which the media has frequently called the “mancession.”

2. During the one-year period from January 2010 through January 2011, male employment increased by 937,000 jobs, while the number of female jobs increased by only 47,000. But even with those recent job gains for men over the last year, there is still a huge gender disparity in job losses since the start of the recession— for every 100 jobs lost by women since December 2007, men have lost 195 jobs. And despite the recent employment gains for men, the male jobless rate in January of 9.5 percent remained a full percent above the female rate of 8.5 percent.

A recent news report from McClatchy Newspapers presents a much different story about the U.S. labor market, as you might guess from the title “Men Fare Better As Economy Recovers, But Women Suffer,” and the photo of a woman crying that accompanies the article. Here’s an excerpt:

WASHINGTON — The early stages of the economic recovery have taken on a decidedly masculine tone. It was job gains by men that fueled January’s steep decline in the national unemployment rate from 9.4 percent to 9 percent.

In fact, men have gained 438,000 jobs since the Great Recession officially ended in June 2009, while women have lost 366,000 over the same period, according to Labor Department figures. And the 984,000 new jobs created from January 2010 to January 2011? Only 47,000 went to women. That’s less than 1 of every 20 new job openings.

“The improvements in the overall employment picture obscure what’s happening to women. In fact, women have lost ground since the recovery began,” said a recent statement by Nancy Duff Campbell, co-president of the National Women’s Law Center.

Bottom Line: While nothing in the McClatchy story is factually inaccurate, the writer uses two starting points to evaluate the employment situation for men and women: the end of the recession in June 2009, and the beginning of 2010, which both show some recent gains for men. But those dates distort the full picture of employment losses by gender since the beginning of the recession in December 2007. Considering that recession-related job losses have fallen so disproportionately harder on men than women by a factor of almost 2:1, and the fact that the male jobless rate has been higher than the female rate in every month since 2006, there is no question that it is men who have suffered the most during the last three years. By any standard measure of labor market conditions, it is women who have fared much better during the “mancession.”

Nick Schulz

Big Man on Campus

By Nick Schulz

February 25, 2011, 10:34 am

Christie, it turns out, has a preternatural gift for making the complex seem deceptively simple.

That’s from Matt Bai’s largely flattering portrait of the NJ gov. See the preternatural gift yourself here.

Perry: U.S. manufacturing thrives, but with a fraction of the workers needed in the past. “The Truth about U.S. Manufacturing
Bolton:How to Make Egypt Safe for Democracy
Hess: Wisconsin unions got their share—now it is the public’s turn. “The Big Payback
Goldberg: President Obama was quiet on the constitutionality of the Defense of Marriage Act until now. “Throwing in the Towel on the Constitution
Biggs and Richwine: Are California Public Employees Overpaid?”

Jonah Goldberg

Krugman’s World of Confusion

By Jonah Goldberg

February 25, 2011, 9:16 am

Paul Krugman dusts off Naomi Klein’s “Shock Doctrine” schtick to explain Madison, Wisconsin:

Here’s a thought: maybe Madison, Wis., isn’t Cairo after all. Maybe it’s Baghdad—specifically, Baghdad in 2003, when the Bush administration put Iraq under the rule of officials chosen for loyalty and political reliability rather than experience and competence.

As many readers may recall, the results were spectacular—in a bad way. Instead of focusing on the urgent problems of a shattered economy and society, which would soon descend into a murderous civil war, those Bush appointees were obsessed with imposing a conservative ideological vision. Indeed, with looters still prowling the streets of Baghdad, L. Paul Bremer, the American viceroy, told a Washington Post reporter that one of his top priorities was to “corporatize and privatize state-owned enterprises”— Mr. Bremer’s words, not the reporter’s—and to “wean people from the idea the state supports everything.”

The story of the privatization-obsessed Coalition Provisional Authority was the centerpiece of Naomi Klein’s best-selling book “The Shock Doctrine,” which argued that it was part of a broader pattern. From Chile in the 1970s onward, she suggested, right-wing ideologues have exploited crises to push through an agenda that has nothing to do with resolving those crises, and everything to do with imposing their vision of a harsher, more unequal, less democratic society.

Which brings us to Wisconsin 2011, where the shock doctrine is on full display.

You’ve got to love how a guy who shared the Obama administration’s obsession with never letting “a crisis go to waste” but who also lambasted the White House for not exploiting the crisis enough is suddenly criticizing conservatives for relying on crises.

But what I find truly amazing is how he has to go East, to Baghdad, to find a geographic analogue to Madison and not north to his beloved Europe, where the parallels are so much more obvious. Also, don’t miss David Harsanyi on the lengths Krugman will go to trying to confuse people about what’s going on.

Image by David Shankbone.

Karlyn Bowman

Gauging Tea Party Support

By Karlyn Bowman

February 25, 2011, 1:00 am

Today the Tea Party Patriots will hold their first annual national policy conference in Phoenix. The group claims to have 3,000 local affiliates and 15 million followers nationwide. Former Minnesota Governor Tim Pawlenty will address the group, as will Texas congressman Ron Paul.

The latest issue of AEI’s Political Report looks at various pollsters’ measures of Tea Party support. When a pollster asks people straight out whether they are supporters or not, as AP-GfK-Roper does, around 30 percent say they are supporters, while two-thirds say they are not. When ABC News and the Washington Post ask people whether they have a favorable or unfavorable opinion, about 35 percent answer favorable and half unfavorable. Several pollsters give people the option of saying they don’t have an opinion one way or the other, and many people choose that response. In Pew’s February poll, for example, equal numbers (22 percent) said they agreed or disagreed with the Tea Party, and 53 percent said they didn’t have an opinion either way. For more on the Tea Party, see AEI’s Political Report.

Over at the Lawfare blog, Benjamin Wittes notes my call in the Washington Post this week for President Obama to take Leon Panetta’s advice and start bringing captured terrorists to Guantanamo, and asks: “Does Marc Thiessen Know What He Is Suggesting?” Wittes writes:

I wonder if he truly understands the magnitude of the suggestion he is making here. Like House Armed Services Chairman Buck McKeon a few weeks ago, Thiessen seems to think Guantanamo is simply surplus detention space. It’s not. It’s surplus detention space with habeas. Bringing people there thus involves a decision to grant them a measure of judicial review that they don’t get anywhere else. I think this is a good idea for certain categories of long-term detainees, including certainly the high-value detainees with which he is concerned here. But it would be a fateful and complicated step, not simply—as Thiessen suggests—a climb-down for the administration, but also an affirmative decision to submit to a degree of judicial scrutiny above and beyond what is strictly speaking necessary under current law. Does Thiessen really want that? And for whom?

To answer his question: Yes, Ben, I know exactly what I am suggesting. Obviously, I would prefer that the president reactivate the CIA’s black sites, where captured terrorists have no habeas rights, but that is not likely to happen. However, it does appear, based on Panetta’s testimony to the Senate Intelligence Committee last week, that the administration is actually considering bringing high-value detainees to Guantanamo. This would be a massive improvement over the current policy, which is to not capture or interrogate senior al Qaeda leaders at all.

Guantanamo is far from ideal. But it is—in Donald Rumsfeld’s famous words—the “least worst place” to take captured terrorists. Habeas is a real problem, not because a federal judge is likely to order the release of Ayman Zawahiri or other senior al Qaeda leaders, but because once these terrorists get access to lawyers, it becomes impossible to effectively question them. Getting information out of captured terrorists requires exposing intelligence to them during questioning. This can only be done if the terrorists are completely cut off from the outside world. If the terrorists are going to meet with their lawyers a few hours after undergoing questioning, you can no longer expose intelligence to them for fear that information will get out and make its way back to their comrades in the field.

But as I pointed out at yesterday’s AEI panel, there is a simple solution for this problem: President Obama can restore secret detention. In 2009, Obama ordered that all captured terrorists must be declared to the Red Cross within two weeks of being taken into U.S. custody—no exceptions. That is insanity. In the past, the CIA has questioned captured terrorists for months before al Qaeda knew we had them, allowing us to track down other terrorists and wrap up cells planning attacks before they knew what hit them. But if the U.S. government announces to the world that we have a terrorist in custody, al Qaeda will immediately start covering his tracks—closing down safe houses, phones, emails, and cells he knows about, and drying up all the intelligence leads that a detainee can provide.

President Obama can fix this problem by restoring secret detention for limited periods—say, two or three months at a time—that can be renewed by the president. This would solve the habeas problem. Terrorists could be taken to Guantanamo covertly, and held in secret until we are done questioning them for intelligence purposes. Then they can be declared to the Red Cross, and given access to lawyers so they can file their habeas petitions.

This solution is, of course, imperfect. But it is better than the Obama administration’s existing approach, which is to kill any high-value terrorists they find and vaporize all the intelligence in their heads in the process. Dead terrorists cannot tell you their plans for new attacks. Captured terrorists at Guantanamo can.

Image by Paul Keller.

District court decisions over the “individual mandate” provisions of ObamaCare (most recently, Judge Kessler’s February 22 decision) have highlighted a nasty constitutional difficulty. Call it the “bootstrap problem.”

Shorn of its alluring fur, the administration’s defense of the mandate is this: through minimum-coverage mandates and a prohibition against excluding applicants with pre-existing conditions, ObamaCare turns health insurance into a product that cannot survive in an ordinary market. Therefore, it is “necessary and proper” to compel its purchase by people who would rather not buy it. Judge Vinson, in the course of an impressive opinion in the Florida case, noted the obnoxious logic of this argument: “The more harm the statute does, the more power Congress could assume for itself under the Necessary and Proper Clause.” Judge Kessler’s opinion contains a variation on the theme. Confronting the plaintiffs’ argumentum ad broccolum—“If Congress may mandate the purchase of health insurance on the theory that everyone will need it at some point, it may also mandate the purchase and consumption of broccoli”—the judge responds that we can be confident that future consumers of food won’t be permitted to rake it off the shelves without paying. Not so with healthcare: federal law compels healthcare providers (such as hospitals) to care for needy patients, regardless of their ability to pay. The cross-subsidy makes the healthcare market “unique” and provides the constitutional hook for the individual mandate.

Why haven’t plaintiffs contested this bootstrap rationale head-on? Because the case law, and the Constitution itself, block that attack. Wickard v. Filburn (1942), the notorious commerce clause case over a federal prohibition against the production of wheat for home consumption, is a classic bootstrap case. After the Smoot-Hawley tariffs had destroyed U.S. export markets, the country confronted excess capacity and supply in agricultural commodities, which Congress—compounding, as usual, one idiocy with another—sought to reduce by means of marketing quotas. To make the quotas stick, the government had to control the local transactions. Concede the premise (that is, the congressional power to limit national supply): contrary to lore, Wickard is an easy case, correctly decided. And the premise, for better or worse, is unassailable. The power to regulate interstate commerce encompasses the power to regulate it into the ground.

The challenge in the individual mandate cases is to craft an argument that steers around this fateful logic. A clear-eyed recognition of the problem may make that difficult task a little bit easier.

Image by Wikimedia Commons.

The Journal of Economic Perspectives is a general-interest publication of the American Economic Association, designed to make the results of economic research more accessible to non-specialists and policy makers. I got to take part in its symposium on “Financial Regulation after the Crisis,” which is available here compliments of the AEA. When 11 different economists write five different articles, there is usually going to be a wide range of views. However, I feel somewhat lonely with my contribution, “A Year of Living Dangerously:  The Management of the Financial Crisis in 2008.”

In the essay, I argue that U.S. financial authorities took some serious missteps that worsened the crisis. Chief among them was the decision to lend to Bear Stearns in mid-March to facilitate its resolution. This was a bad precedent that left a large footprint. I take this as a cautionary tale about government intervention.

Andrei Shleifer and Robert Vishny (professors, respectively, at Harvard University and the University of Chicago Booth School) give a clear explanation of their earlier work on “fire sales.” The term was used often in 2008 and refers to the possibility that troubled firms’ sales of financial assets would drive down asset prices and exacerbate balance-sheet strains. And, indeed, the Shleifer-Vishny framework implies government intervention can sometimes be justified.

They make the case of that possibility very forcefully. But what I find most fascinating is the main metaphor of the entire discussion. Shleifer and Vishny explain that the expression “fire sale has been around since the nineteenth century to describe firms selling smoke-damaged merchandise at cut-rate prices in the aftermath of a fire”  (p. 30).

This prompts me to make three observations.

First, as any insurance agent can relate, most of the monetary damage from a fire comes from the water used to put it out. How a crisis is handled matters.

Second, how much does the low price of a smoke-damaged good owe to its forced sale and how much to the fact that it is damaged? In a crisis, this inference is critical to determining whether the government is helping an illiquid or an insolvent firm. In retrospect, the authorities were too optimistic in 2008 about the underlying value of mortgage-related assets. Three years later, the national unemployment rate is 9 percent, house prices are about 25 percent lower on average, and one-fifth of household mortgage holders have obligations of higher cost than their home’s value.

Third: after the fact, a fire marshal can usually trace the origin and propagation of the event. The forces shaping the contours of a crisis are harder to discern. As with a fire, the response of the authorities matter. Unlike a fire, there can be a self-fulfilling aspect in a crisis, partly as the consequence, as Justice Holmes related, of “shouting fire in a theater and causing a panic.” The understandable efforts of financial authorities to convince a recalcitrant Congress of the need to act, first on the government-sponsored enterprises in the summer and then on the Troubled Asset Relief Program in the fall, probably heightened public anxiety and contributed to the deterioration in confidence.

2008 was a year of living dangerously for financial authorities. The pity is that we have yet to learn all of the appropriate lessons.

Image by Wikimedia Commons.

Yesterday, Secretary of State Hillary Clinton went online to field questions from young Egyptians. Bad move. More than 6,500 took the opportunity to submit questions through the Egyptian website Masrawy.com and, according to the Washington Post, many grilled Clinton on America’s lackluster response to the revolution that brought down the regime of Hosni Mubarak:

Does America really support democracy? If yes indeed, why the U.S. was late in its support for the Egyptian revolution?” demanded Mohamed, a young Egyptian, in a video aired for Clinton.

Another questioner, identified as Mahmod, submitted a video of himself in Cairo’s Tahrir Square, the heart of the uprising against then-President Hosni Mubarak. “The attitude of the U.S. during the Egyptian revolution was to support the Egyptian regime first. Then, when the revolution turned successful, the U.S. switched sides and supported the Egyptian youth. . . . Why?” asked Mahmod, according to a translation for Clinton.

In response to such queries, Clinton defended the administration by lying about U.S. support for democratic change in Egypt:

“We gave grants that the [Mubarak] government did not like to support union organizing, to support organizing on behalf of political opposition to the regime,” she said.

But, as the Post pointed out, this is patently untrue:

In fact, the Obama administration in 2009 essentially allowed the Mubarak government to decide which civil-society groups would receive democracy assistance from the U.S. Agency for International Development, a move roundly criticized by pro-democracy groups.

In addition to giving Mubarak a veto over which groups received U.S. funding, the Obama administration cut that funding in half on taking office. But these Internet-savvy Egyptians know that. They also know that when they stood up for the freedom America did not stand with them. Lying to them, by claiming we were on their side, only compounds their disgust with America.

Image by Floris Van Cauwelaert.

Biggs and Richwine: Large, union-dominated states tend to overpay their public workers. “The Public Worker Gravy Train
Rubin: Enforce a No-Fly Zone on Libya
Auslin: The Case for Reviving the F-22 Fighter
Dhume:India’s America Obsession
Auslin: China Is No Egypt
Ornstein: It will be difficult for Congress to avoid confrontations. “Disruptions Are Coming
Lachman:No Time for US Schadenfreude over Europe
Schmitt: Taiwan should consider alternatives to the F-16 if the United States will not sell it. “Taiwan Must Weigh Its Options

Many folks here on the Enterprise Blog have made clear their disappointment with President Obama’s inaction and dithering on the popular movements across the Middle East. We want America to stand up for democracy and liberty across the world, whether in Egypt, China, or Libya. The United States may even be limited in terms of the tangible actions it can take in order to support these movements and prevent the violence that comes as a result. But words matter. The Obama administration’s weak, equivocal statements beginning with the uprising in Egypt all the way to this week’s bloodbath in Libya make it appear that our president doesn’t really know what he stands for. President Obama’s principles should and have come into question.

So here’s an idea for our president. I hope other folks here on the blog (Marc, Dany, Paul, Jonah?) chime in on this. What if President Obama scheduled a trip to Cairo next week and gave the speech of his life in Tahrir Square? It would be his Berlin Wall moment. He could stand in front of the masses, hark back to his June 2009 speech in the same city, and declare that yes, indeed, the United States stands on the side of the people in Egypt and elsewhere across the Middle East. The rhetoric would be easy: his first Cairo speech was entitled “A New Beginning.” All Obama has to start with this time is, “Yes, a New Beginning has come to Egypt.” Typical Obamian speechmaking, and it may just be crazy enough to work.

The president would likely get hammered for this, particularly from conservative circles. Much of the criticism would be predictable: “Ah of course, the president doesn’t do anything when it matters and then goes and makes a big speech.” “He thinks he can talk his way out of everything.”

But so what? The United States appears to be whimpering right now. There’s even talk about how we could use France to gain leverage in Libya. France? Really?

Nothing else seems to be working on our end. Perhaps we could resort to the one thing that Obama can do well once in a while.

It’s rare that the political blogosphere burns up with arguments regarding statistical methodology, but the comments of Jim Manzi at National Review  on a recent report by the Economic Policy Institute’s Jeffrey Keefe on public sector pay in Wisconsin has generated a running debate with Ezra Klein, plus some interesting comments from Megan McArdle and Kevin Williamson. Over the past year,  Jason Richwine of the Heritage Foundation and I have spent a lot of time thinking about public sector pay, including articles in the Wall Street Journal last year, the American Spectator, the Weekly Standard, and a new piece on California public employee pay in today’s Wall Street Journal.

The EPI analyzed Wisconsin salaries using survey data on thousands of individuals, containing information on their earnings and a raft of earnings-related characteristics such as age, education, race, gender, marital status and, most importantly, whether the individual works in government or the private sector. EPI’s Keefe used regression analysis to control for differences in these characteristics to isolate the effects of government employment on wages, finding a pay penalty of 11 percent. (We find a smaller 5 percent penalty for Wisconsin workers, presumably due to different specifications.)

We’ve used identical techniques to study federal employee pay, where we find a government pay premium of 14 percent. (If you’re wondering why EPI and other left-leaning think tanks have never produced a study on federal pay, there’s your answer.)

Over at the Corner, Manzi basically took issue with the whole approach that EPI and we have used.

Keefe is considering almost any full-time employee in Wisconsin with the identical years of education, race, gender, etc., as providing labor of equivalent market value, whether they are theoretical physicists, police officers, retail-store managers, accountants, salespeople, or anything else.

Manzi is basically arguing for “omitted variable bias,” in which the lack of data regarding relevant variables leads to a model to generating faulty or misleading results.

In our Weekly Standard article we acknowledged this potential problem:

Perhaps federal workers have some personality trait—greater motivation, for example—that we cannot measure adequately with our standard control variables. Or maybe our “years of education” variable disguises more prestigious degrees held by federal workers.

To address this, we did a second form of analysis that isn’t subject to Manzi’s objections. Rather than comparing different people at one point in time, this second approach – called a “fixed effects model” – follows the same people over time, specifically as private sector workers found new jobs which could be in the public or private sector. If workers get a bigger raise when they switch from private to federal employment than workers who switch from one private job to another, we can infer that the federal government overpays. As it happens, the fixed effects model shows an 8 percent pay premium in the first year of federal employment. We also know from the cross sectional regressions that the pay premium tends to grow with job tenure, so this result confirms our initial findings while addressing Manzi’s concerns.

The fixed effects model’s results on state/local salaries are at least roughly in line with Keefe’s findings, in that it finds that salaries are around the same in the two sectors. For technical reasons, if there’s measurement error in the data it will push the premium/penalty toward zero; so we know that the federal premium is at least 8 percent for new hires, but the state/local penalty could be larger than the fixed effects model shows.

But that doesn’t mean that EPI’s conclusion that Wisconsin workers are underpaid holds true. I recently raised questions regarding EPI’s treatment of benefits, and our new Journal piece shows – using California workers as an example – that generous benefits and job security can easily make up for a modest public sector salary penalty. (See here for a more technical explanation of our results.) An upcoming op-ed will focus on Wisconsin workers and may show the same results.

I suspect there’s a bit of ideological bias on both sides. When a statistical method shows that state/local workers are underpaid on salaries, the left embraces them and the right is skeptical. But if those very same methods show that federal workers receive a hefty salary premium, the left ignores them – is Ezra Klein now going to conclude that federal employees are overpaid? – and the right, or at least my part of it, buys into them. In the end, though, the methods we’re talking about have been widely used in a variety of areas – the union pay premium, gender and race discrimination, and so on – and we should take their results seriously.

Andrew Biggs is a resident scholar at the American Enterprise Institute. His work on public sector pay is co-authored with Jason Richwine, a senior policy analyst at the Heritage Foundation.

Nick Schulz

Ray Kurzweil: Blowing Sunshine

By Nick Schulz

February 24, 2011, 8:43 am

Reihan notes an interesting interview with Ray Kurzweil in which Kurzweil talks up the potential for radical transformation in the energy sector within a generation.

Today, solar is still more expensive than fossil fuels, and in most situations it still needs subsidies or special circumstances, but the costs are coming down rapidly—we are only a few years away from parity. And then it’s going to keep coming down, and people will be gravitating towards solar, even if they don’t care at all about the environment, because of the economics.

So right now it’s at half a percent of the world’s energy. People tend to dismiss technologies when they are half a percent of the solution. But doubling every two years means it’s only eight more doublings before it meets a hundred percent of the world’s energy needs. So that’s 16 years. We will increase our use of electricity during that period, so add another couple of doublings: In 20 years we’ll be meeting all of our energy needs with solar, based on this trend which has already been under way for 20 years.

I’m a Kurzweil fan (and discuss his ideas favorably in my recent book) but he’s just wrong about energy trends. Energy transitions take a long time. The energy sector is not like IT—there is no Moore’s Law for energy. This is the mistake techno-greens like Al Gore (and, apparently, Kurzweil) make, and it’s a wrong belief that has badly distorted public policy for a very long time.

Image by Afloresm.

Danielle Pletka

Excuses, Excuses

By Danielle Pletka

February 23, 2011, 1:37 pm

As I noted yesterday, President Obama is getting hammered for his virtual silence on the question of Libya. Suggestions that the White House is worried Muammar Qadhafi is crazy, fretting about the price of oil, doesn’t want a war, or is just plain bored are almost incredible. Apparently, the White House is also whispering to Capitol Hill that the president’s reticence isn’t due to the lack of a policy or a deficit of principle as some had begun to suspect (insert pregnant pause), but because U.S. diplomats and nationals have yet to be evacuated from the scene.

If this is the president’s excuse for not coming out and saying “Qadhafi must go” or “sanction that bastard now,” it might have flown, particularly among those admirers of the president loath to believe he has feet of clay. But he didn’t need to say those things; he simply could have personally condemned the violence, told the perpetrators they would be held to account and stood for the innocent people of Libya fighting for their lives. Yes, he has issued press releases and spoken through a flack. But that doesn’t carry the moral weight of the presidency. And it’s not wrong to ask why the president is so afraid to use his office for that purpose.

Image by Elizabeth Cromwell.


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