Tag: regulations

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First Amendment rights folly general freedom moral hazard nannyism responsibility too much government

Legal Not to Lie About Your Milk

milk, Institute for Justice, regulations, Ocheesee Creamery, Department of Agriculture, too much government

Mary Lou Wesselhoeft doesn’t have to lie about the milk she’s selling. The Florida Department of Agriculture has lost in court. Mary Lou has won.

Ocheesee Creamery sells pasteurized milk without any additives. One of her products is skim milk. Ocheesee sells skim milk without vitamin additives, which is perfectly legal to do. But the Florida government claims that only skim milk with the additives counts as real “skim milk,” the kind you can call skim milk in speech to customers. (Kafka, did you write this horror story? Fess up!)

Give credit to the judge who asked: “Can the state, consistent with the First Amendment, take two words out of the English language and compel its citizens to use those words only as the government says?” The reply of the government’s lawyer? “Yes.”

Creepy.

Mary Lou’s victory is also a victory for all Americans who want to exercise their right to tell the truth about what they’re selling. And it’s a victory for the Institute for Justice, which took up the case on her behalf. At its website, IJ points out how easy it would be to annihilate freedom of speech by letting the government redefine words at will. We’re not free if our freedoms can be arbitrarily defined away by the people in power.

The Institute specializes in defending our rights against senseless government intrusions. Until such laws and regulations are repealed, it seems that the Institute will always have much to do — unfortunately. But, fortunately, it keeps on doing it.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment folly general freedom moral hazard nannyism Regulating Protest too much government

The Oregon Fail

Oregon, traffic light, license, licensing, government, regulations, engineer

My children used to play “The Oregon Trail,” an early computer game where one navigated the amazingly dangerous wagon trip out west — often dying of dysentery or drowning while crossing a river. 

Oregon remains treacherous. 

Yesterday, we bemoaned the cancellation of a parade because a Republican Party group’s participation elicited threats of violence. Now, we find that writing a thoughtful letter to public officials about problematic traffic lights garners a $500 fine. 

Mats Järlström, a Swedish electronics engineer, made the mistake of moving to Beaverton, Oregon, and then compounded his error by sending an email to Oregon’s engineering board alerting them to a traffic light problem that put “the public at risk.”

The Oregon State Board of Examiners for Engineering and Land Surveying responded by informing him that statute “672.020(1) prohibits the practice of engineering in Oregon without registration … at a minimum, your use of the title ‘electronics engineer’ and the statement ‘I’m an engineer’ … create violations.”

Mr. Järlström expressed shock at the bizarre response. “I’m not practicing engineering, I’m just using basic mathematics and physics, Newtonian laws of motion, to make calculations and talk about what I found.”

After a red-​light camera ticketed his wife, Järlström investigated and discovered that the yellow light didn’t give drivers slowing down to turn at the intersection enough time. 

He wasn’t disputing the ticket, just attempting to right a wrong. Which is apparently against the law, when bureaucrats are committing the wrong.

The Institute for Justice accuses the licensing board of “trying to suppress speech.” Thankfully, they’re helping Järlström sue in federal court. 

This is Common Sense. I’m Paul Jacob.

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Photograph by Tom Godber on Flickr

 

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

D.C.’s Diaper-​Dandy Regulation

Washington, D.C., daycare, day-care, licensing, regulations, bureaucracy, laws, rules, accreditation

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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Accountability folly free trade & free markets general freedom moral hazard nannyism national politics & policies responsibility too much government

DumpCare

healthcare, Trumpcare, Obamacare, medicine, costs, regulations, Medicaid, single payer

Speaker of the House Paul Ryan insists that his “TrumpCare” plan to replace ObamaCare will decrease medical insurance rates. Others argue that his American Health Care Act will increase those rates. Likewise, he expects it to reduce strain on federal budgets; others deny this outright. The “coverage” issue is just as contentious.

TrumpCare is a mess because it is isn’t “DumpCare.” What’s needed is not yet another regulation-​plus-​subsidy system. We need repeal and then … more repeals.

Unfortunately, President Donald Trump has never really been on board with this. He has promised that no one would lose “coverage,” assuming that “coverage” is “health care.”

It is not. State charity programs like Medicaid (upon which ObamaCare relied way too much) are merely ways to pay for services. Dumping a gimcrack payment system is not the same as decreasing medical services. “DumpCare” wouldn’t dump care, only insane government.

For example, we know that health care outcomes for poor folks without Medicaid turn out to be better than poor folks with Medicaid.* Increasing the number of people on formalized subsidy programs is no panacea.

Besides, ObamaCare severely under-​delivered on “coverage.”

New programs, nevertheless, are traps, regardless of demerit: once you provide a benefit, folks come to rely on it and demand more — objecting when it’s taken away. Which is why few programs are ever repealed, despite failing to meet original expectations.

So far, the “small government party” hasn’t found the courage to actually limit government. Do Republicans really believe what they say, that fewer regulations and subsidies will lead to lower costs and better service?

It seems Republicans won’t take their own prescription.

This is Common Sense. I’m Paul Jacob.

 

* Oregon’s 2008 Medicaid “natural experiment” provides reasons to question the merits of the program. As the initial, randomized, controlled study found, “Medicaid coverage generated no significant improvements in measured physical health outcomes in the first 2 years, but it did increase use of health care services.…”

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Accountability folly general freedom ideological culture media and media people moral hazard national politics & policies too much government

Bring Back the Eunuchs?

Washington, corruption, big government, too much government, book

“Everybody knows that ordinary Americans are a bunch of idiots,” a Health and Human Services official told Benjamin Ginsberg. “Why do you need to do a survey to find that out?”

Actually, he was not surveying Americans for their IQs and knowledge levels. He was surveying Washington insiders. Like her.

She hadn’t been listening.

Ginsberg and co-​author Jennifer Bachner have a new book out, What Washington Gets Wrong (2016). “We found that public officials,” Ginsberg told C‑SPAN’s Brian Lamb last month, “the people who really govern this country … don’t think much of ordinary Americans.”

Surprise, surprise. This has been an “open secret” for some time. Washington insiders “are wealthier,” “better educated,” and “think ordinary Americans don’t really know very much.” More alarmingly, they think that the government should “not pay too much attention to what ordinary folks think.”

According to Ginsberg and Bachner, this has been a long time coming. Progressive Era reformers transformed government in an effort to make it less partisan.

They succeeded — only to make it less accountable and less … American.

In ancient times, great administrative states were run by eunuchs, men gelded to curb their appetites the better to serve their sovereigns (pharaohs; emperors; kings). Not their own interests.

Is it time to bring back the practice?

Just joking. Instead, Congress can tame the bureaucratic leviathan it has created by trimming its ranks and pulling back on pay and benefits until they’re more in line with the private sector.

Let’s hope the House’s recent passage* of the REINS Act, requiring congressional approval of major regulations, is a sign that Congress’s lackadaisical attitude about the bureaucracy is changing.

This is Common Sense. I’m Paul Jacob.

 

* Let’s hope the Senate follows suit.

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meme nannyism national politics & policies too much government

“Regulation” should not be confused with “rule of law”

regulations, rule of law, control, bureaucracy, law, meme, Common Sense, Paul Jacob, Jim Gill

A “rule of law” is based on general principles, and makes room for — or, better yet, is based upon — the protection of individual rights.

It used to be common to say, “a rule of law, not of men”; it was even as common in political oratory as was spouted out over drinks at the Rotary. But as the modern Regulatory State has grown in scope and power, most folks seem to have lost track of the notion. It is now not even a cliché. Few even of our most educated folks can explain this idea. Vast swaths of the mis-​educated public appear not to “get” the idea of limiting government to the enforcement of a few general principles; instead, they cry for more “regulations” (along with additional spending and maybe even a whole new division of the executive government) every time a crisis, tragedy or atrocity occurs.

So we are left with a political culture in which the words of Tacitus seem to a majority as implausible at best, evil at worst: “The more the laws, the more corrupt the State.” Contrary to today’s trendy prejudice, we do not need “more laws” — edicts legislated by representatives, or regulations concocted by bureaucracies — we need Law.

As in, “a rule of Law.”

Click below for high resolution version of this image:

regulations, rule of law, control, bureaucracy, law, meme, Common Sense, Paul Jacob, Jim Gill