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folly government transparency media and media people national politics & policies too much government U.S. Constitution

Peel Back the Onion

Yesterday, an Onion title caught my attention: “Hooded Members of Congress Drown Another Love Child in the Potomac to Prevent Affair from Getting Out.” This is not funny because it is true, but because it is so close to the truth. Too close for comfort.

A similar story, the day before, sported a title so sublime that you do not really need to read further: “Al Franken Tearfully Announces Intention To Step Down From Role As Harasser Of Women.” The week before that, another satire gave us this extravaganza: “Paul Ryan Announces New Congress Sexual Harassment Training Will Create Safe Work Atmosphere, Plausible Deniability.

But sex scandals are easy. If The Onion were seriously in the satire biz, the farcical-on-the-surface nonsense of the Consumer Financial Protection Bureau brouhaha that I wrote about on Tuesday would get incisive treatment as well.

My advice to Onion writers? Don’t go halfway into the problem, like David A. Graham does in The Atlantic: “The Fight Over the CFPB Reveals the Broken State of American Politics.” Sure, that’s true. But concluding that “neither party sees the political process as effective in resolving these basic issues is worrying” hardly goes far enough, and the next line — “the fact that they might both be right is worse still” — shies from the full extent of the predicament.

The Constitution was designed to avoid problems like the CFPB nonsense. Start there. Something like this comes close: “Politicians Shocked, Shocked to Discover That an Un-Constitutional, Partisan Bureau Becomes Subject to Constitutional Dispute Along Partisan Lines.”

I have confidence that, if The Onion went there, it’d be funnier.

Even without a sex angle.

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom government transparency ideological culture insider corruption moral hazard nannyism national politics & policies responsibility too much government U.S. Constitution

Invulnerable Government

As of this week, there are two heads of the Consumer Financial Protection Bureau.

Two claimants to the throne, so to speak.

The bureau’s previous director, Richard Cordray, resigned last week, and as he left he appointed a deputy director, Leandra English. Ms. English sent out a nice Thanksgiving email, billing herself as “Acting Director.”

Meanwhile, in advance of Cordray’s exit, President Trump appointed Mick Mulvaney to fill the role. Mulvaney showed up at work yesterday and took possession of the director’s office. He ordered a hiring freeze . . . and brought donuts.

It gets juicier. English has filed suit against the president and his appointee, claiming to be, herself, the directorship’s rightful heir. She cites the enabling legislation, which allowed for deputization by the director. And she cites her commitment to the agency’s mission, of which Mulvaney and Trump have none.

Republicans generally regard the agency as having gone rogue.

And the squabble over the directorship sure seems to validate that charge.

The legality? Presumably, the legislation that established the agency — which deliberately insulated the CFPB from oversight by funding it from the Federal Reserve — does not void an established law, the Vacancies Act, which does allows the president to fill vacated posts.

Sen. Elizabeth Warren has taken up English’s side in the dispute, because she believes in the agency’s mission.

Now, I get it: to make government as impregnable as a high mountain fortress is an idea that many folks flirt with, from time to time. But the results are always the same: government secure from democratic checks and constitutional balance.

Come on, Democrats! Give democracy a chance.

This is Common Sense. I’m Paul Jacob.


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Common Sense

The Immovable Non-movers

You can’t suspend the law of gravity. Nor, apparently, the laws of bureaucratic lethargy and inertia.

Diana Rickert was a policy analyst with the Illinois Policy Institute who accepted a job with the administration of Illinois Governor Bruce Rauner.

She lasted six weeks.

The assignment: combine and streamline several governmental departments. After years of “railing against government,” she felt she must accept this opportunity to improve government from the inside. Or else forever wonder whether she might have made a difference.

She’s learned her answer. She could not. Not as an insider. Not without the authority, at a minimum, to fire useless employees, who abound in Illinois’s state government.

And whose uselessness doesn’t always preclude outrageous expectations about salary and position.

Whether trying to get working computers or to get workers to work on simple but unfamiliar tasks, Diana and the few others eager to get stuff done were constantly thwarted by the apathy and sense of entitlement of the majority — and by endless arcane and senseless rules. Rather than imply tacit acceptance of such a broken, unfixable system, she resigned.

All this sounds familiar, an inevitable feature of government bureaucracy with its glued-in vested interests and lack of market-style profit incentives. Old news if you’ve ever been to the DMV.

So what’s the answer? Give up?

No. Illinois is “ready for change,” Diana Rickert says. But it’s outsiders who will have to change it — from the outside . . . “because the insiders never will.”

This is Common Sense. I’m Paul Jacob.


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education and schooling folly nannyism national politics & policies too much government

D.C.’s Diaper-Dandy Regulation

Where is child care most expensive?

In America, it is in our shining, shimmering national swamp. Yes, in Washington, D.C., infant care averages nearly $1,900 a month, more than $22,000 a year.

So naturally, if you’re a politician, you see that as too . . . low?

It has been decreed, since last December, that workers caring for infants and toddlers must upgrade their educations to keep their licenses. The District’s brave new world-class day-care regulations, the Washington Post informs us, are designed to put the District at the forefront of a national effort to improve the quality of care and education for the youngest learners.”

Yesterday, at Townhall.com, I provided the details on

  • which day care workers or home caregivers must acquire
  • what type of college degree in early childhood education or,
  • if currently degreed in another field, how many semester credit hours in early childhood education they must have, or
  • whether a Child Development Associate (CDA) would suffice, and
  • by what date . . .

. . . just to keep their relatively low-paying jobs.

You may be shocked, but these new regs do not apply to the politicians and bureaucrats regulating the “industry.”

The costly credentials required to provide child care will certainly raise prices that D.C. parents already can ill afford. And won’t help those newly credentialed, either: “prospects are slim,” the Post admits, “that a degree will bring a significantly higher income.”

In a perfect world, every child-care worker would wield a Ph.D. in early childhood development. Be a pediatrician. As well as a psychiatrist.

And a former Navy SEAL, to fend off terrorists.

But who can fend off this regulatory attack on common sense?

I’m Paul Jacob.


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Illustration based on photo by Carolien Dekeersmaeker on Flickr

 

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general freedom meme nannyism too much government

Government

You can’t feed a part of it without feeding the whole damn thing.


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Accountability general freedom nannyism national politics & policies responsibility too much government

Report from the Lab

The State of Idaho does something the federal government should emulate. The only state I can think of that has a popular candy bar named after it has a legislature that regularly nixes regulations made by the state’s executive branch.

Think of it as a line-item veto for the legislature.

Now, at this point, if you know the Constitution but not today’s “living Constitution,” you might wonder: Don’t legislatures write the regulations? Alas, at the federal level, as in most states, the legislative branch has granted to bureaucrats in the Executive Branch a great deal of leeway to cook up what sure feel like “laws.”

“Last year the Federal Register,” Wayne Hoffman explains in theWall Street Journal, “which publishes agency rules, proposals and notices, exceeded 80,260 pages — the third-highest in its history, according to a report from the Competitive Enterprise Institute.”

Idaho provides a good model for taking back such ceded legislative power.

Let’s remember the idea of “the several states” experimenting with new and old ideas separately, heralded in a famous phrase, “laboratories of democracy.”

This allows good practices to spread slowly throughout all the states . . . based on results.

Meanwhile, Mr. Hoffman informs us, Idaho’s practice is traditional, not hallowed in the state’s constitution. A 2014 referendum narrowly failed to get Idahoans to change the constitution to incorporate this “best practice” into explicit law — the legislature had not adequately explained the situation to the public first time around — Idaho solons are trying again.

Make representatives responsible for regulations, and therefore more accountable.

This is Common Sense. I’m Paul Jacob.


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Illustration: Golconda by René Magritte