Tag: regulations

Report from the Lab

bureaucrats, regulation, laws, Idaho, illustration

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

Tags bureaucracy, bureaucrats, Idaho, laws, regulations, rules

Accountability crime and punishment folly free trade & free markets general freedom ideological culture nannyism national politics & policies

Digs at the Gig Economy

Uber, Lyft, sharing, economy, HIllary, Bernie, illustration

In Texas’s progressive enclave of Austin, the government has regulated Uber and Lyft out of the city.

Massachusset’s uber*-progressive Sen. Elizabeth Warren cautions that the “much-touted virtues”of the “gig economy” that these services represent are actually dark signs of the times, providing workers a false “step in a losing effort to build some economic security in a world where all the benefits are floating to the top 10 percent.”

Vermont’s Sen. Bernie Sanders, the independent candidate for the Democratic Party’s presidential nomination, is also no fan. Why? These services are not regulated.

Sanders’s charge that these person-to-person (P2P) ride-sharing services are “unregulated” is of course the opposite of the truth. They are self-regulated for safety and efficiency in ways that taxi services never were. How much extra value did governments add, with their regulations of the taxicab industry? They just reduced competition and made cabs more expensive.

P2P online cooperation is revolutionary. And “progressives” are stuck in the past, itching to suppress that revolution. “Initially,” writes Jared Meyer in the July issue of Reason, “hostility mostly came from state and municipal governments, at the behest of local special interests.” But as the services became more popular, opposition shifted. To the national Democrats like Sanders, Warren and … Hillary Clinton. She promises to “crack down on bosses who exploit employees by misclassifying them as contractors or even steal their wages.”

Par for the course: the Internet provides more opportunity than ever, and all some progressives see are the old socialist fears of “exploitation” and “greed” … while they greedily suck up to unions and special interests.

The bright side, Meyer argues, is that they are on the losing side.

This is Common Sense. I’m Paul Jacob.

*I guess the pun here is intended. Or not. You choose, P2P style.

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Tags gig economy, labor unions, Lyft, regulations, sharing economy, Uber

Accountability crime and punishment folly free trade & free markets ideological culture moral hazard nannyism national politics & policies

A Vapor’s Chance in Hell

vape, vaping, smoking, law, regulation, unintended consequence, illustration, photo

There is a big difference between government designed to protect our rights and a government tasked with protecting us from ourselves.

You couldn’t find a better example of this than the current Federal Drug Administration and its regulation of vaping.

Vaping is the imbibing of water vapor laced with nicotine and other ingredients. It is designed to replace the smoking of tobacco cigarettes. It is much, much less harmful than smoking. The genius of this innovation is that while it looks a lot like smoking, it involves no smoke. But it does involve inhaling, and blowing out wisps of … well, vapor.

It’s safer than smoking because smoking tobacco involves burning organic (and inorganic) matter, which puts tars and other chemical substances into one’s lungs.

But the competing companies that make the product are not allowed to tell us about its advantages.

New regulations of the e‑cigarette industry from the FDA prohibit a lot of truth-telling in advertising. “Even if a few companies survive the shakeout caused by the FDA’s onerous regulations,” Jacob Sullum writes in Reason, “they will not be allowed to tell consumers the truth about their products.” It appears that “any intimation that noncombustible, tobacco-free e‑cigarettes are safer than the conventional, tobacco-burning kind” places them under a category that simply must “be marketed only with prior approval.”

The legal judgments Sullum quotes will make you sicker … than your first cigarette puff.

Paternalistic government designed to save us from our vices ends up blocking us from actually lessening the bad effect of those vices.

Some help.

This is Common Sense. I’m Paul Jacob.

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Photo credit: micadew on Flickr

Tags anti-smoking, regulation, regulations, smoke, unintended consequences, unintended effects, vape, vaping

free trade & free markets general freedom ideological culture nannyism national politics & policies responsibility

Too Much of a Good Thing

Warren Buffett, Coca-Cola, consumer, regulations, consumer protection

Once upon a time, over-indulgence was considered a sin, a vice.

Not so much, nowadays.

Somewhere along the line, the idea that a little of a good thing was good, that general abundance is good, but that there can be too much of a good thing for any particular person … this latter common sense idea got lost.

I was reminded of this while reading the latest from the nation’s most famous investor: “Warren Buffett set himself on a potential collision course with public health campaigners when he said it was ‘quite spurious’ to lay the blame for obesity and diabetes at the door of fizzy drinks companies, such as his part-owned Coca-Cola.”

The octogenarian multi-billionaire Buffet, described as a “renowned Cherry Coke drinker,” defended not only his habit but the company that produced it. He emphasized choice, consumer choice. And he said, “I make a choice to get 700 calories from Coke, I like fudge a lot, too, and peanut brittle and I am a very happy guy.”

It came up because a university study had “linked fizzy drinks to 184,000 deaths annually worldwide.”

Well, name your poison. Some folks over-indulge in alcohol; others, food; others, fizzy drinks. But Buffet limits his Cherry Coke intake, as common sense would indicate.

Gluttony used to be a vice. It was preached against. The morality of common sense held sway in our culture.

At some point hedonism in the unrestrained sense took hold of many consumers, who can pay a heavy price — if not at the grocery, at the doctor’s office.

No new laws or regulations are needed. Let everyone, billionaire or not, add up their costs and choose.

This is Common Sense. I’m Paul Jacob.

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Tags Coca-Cola, consumer, consumer protection, regulations, Warren Buffett

crime and punishment folly free trade & free markets general freedom ideological culture nannyism too much government

Potluck Rites, and Rights

potluck, food, inspection, safety, regulations, government, folly, Common Sense, illustration

Progressives are becoming increasingly defensive about nearly all forms of Big Government, relentlessly telling us that we need government for everything from money and roads to food inspection and subsidies and … well, the list is endless.

Food safety is one of their favorite subjects, but I’m increasingly skeptical. Do we really need to be protected from our neighbors’ produce and cooked goods, as can be found in community bake sales and potlucks?

In Arizona, legislators had long carved out an exemption from commercial food safety regulations for potluck and similar “noncommercial social events.” Great. But there was an unfortunate limitation to the exemption: it applied only to such events that took place at a workplace.

Home or church? Potlucks there are still against the law.

So of course officials took the occasion of said “loophole” to crack down on some neighborly events in an Apache Junction mobile home park, in Pinal County.

I’m sure hundreds, perhaps thousands of these events are routinely ignored by Arizona’s police. Indeed, I bet half of the state’s better cops engage in such activities themselves — just because potlucks are part of everyday life all over the country.

But the idiotic regulation allowed public servants (loosely so called) discretionary powers to attack a few people for reasons tangential to community safety. Thankfully, Rep. Kelly Townsend has introduced HB 2341, which would extend potluck freedom beyond the office or warehouse workplace.

Let us be clear: this was not a problem waiting to be solved by Big Government. It is a Big Government problem to be solved by new legislation to de-regulate home and community potlucks.

This is Common Sense. I’m Paul Jacob.

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Tags big government, food, regulation, regulations

crime and punishment folly free trade & free markets general freedom nannyism too much government

Law in the Tooth

donkey, grinning, dentist, laws, Common Sense, illustration

Why did Dr. Ben Burris give up his orthodontic license? Where did he go wrong?

Dr. Burris broke the law. He flagrantly violated the hallowed precepts of the Arkansas Dental Practices Act. Let me rinse and spit out the truth: This dentist illegally cleaned people’s teeth.

Not just once — he did it again and again. Often twice a year per patient — or victim, depending on your viewpoint.

Plus, brace yourself, he didn’t merely scrub their choppers, he did so — get this — at very low cost.

We need strong laws to stop such scoundrels.

That bastion of wisdom, the State of Arkansas, has no qualms about Dr. Burris’s qualifications to remove plaque from our incisors, canines and molars, having licensed him to practice dentistry. The problem is actually that Dr. Burris is over-qualified.

Especially to charge low prices!

Burris got licensed in a specialty: Orthodontia. You see, according to state law, a dentist so licensed “must limit his or her practice to the specialty in which he or she is licensed except in an emergency situation.”

Only after terrorist attacks or earthquakes can society risk allowing Orthodontists to daringly and brazenly polish people’s teeth. For less.

This particular statutory tyranny aims to close healthcare markets, minimize patient choice and keep dental costs artificially high. Luckily, beyond being maliciously wrongheaded, Arkansas’s dental law is absurdly foolish.

Dr. Burris dropped the federal court challenge being litigated by the Institute for Justice. Why? He discovered that by simply relinquishing his orthodontic license, he could legally practice orthodontics and clean people’s teeth at low cost.

He just can’t call himself an Orthodontist — but can call the law an ass.

This is Common Sense. I’m Paul Jacob.

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