Quotulatiousness

May 4, 2020

Government “problem solving” is an oxymoron

Antony Davies and James R. Harrigan explain why you should back away quickly when you hear a variant of “We’re from the government and we’re here to help”:

A central theme of our recent book, Cooperation & Coercion, is that all governments are hamstrung when they attempt to fix problems. Policymakers suffer from the knowledge problem: they don’t know enough to foresee every eventuality that will follow from what they do. Politicians see a problem, speak in sweeping statements, then declare what will happen, assuming their edicts will settle matters. But that is always just the beginning. More often than not, all manner of unintended consequences emerge, often making things worse than they were before their policies went into effect.

Consider the United States’ three high-profile wars against common nouns over the past half-century. Lyndon Johnson declared a War on Poverty in the 1960s, Richard Nixon a War on Drugs in the 1970s, and George W. Bush declared a War on Terror in the early 2000s.

How are those wars working out? Because a back-of-the-envelope calculation indicates that we have spent somewhere in the neighborhood of $23 trillion in our attempt to eradicate poverty, drugs, and terror. Not only have we not won any of these wars, it is unclear that any of them can be won. These three so-called wars have managed to saddle future generations of taxpayers with unprecedented debt. And, as is the case with all coercive endeavors, policymakers ask us to imagine how bad things would have been had we not spent the trillions we did spend. And then they ask for even more money. So now we have unwinnable wars along with institutionalized boondoggles to support them.

We see the same sort of thing happening now in the face of the COVID-19 threat that has induced the largest panic attack in world history. In the name of safety, policymakers have shut down myriad productive endeavors. And there will be a raft of unintended consequences to follow. We are already seeing them manifest, and they portend potential disaster as supply chains fail.

The first cracks in US supply chains appeared in the meat industry. Smithfield Foods, reacting to a number of workers contracting the virus, shut down its Sioux Fall plant. Kenneth M. Sullivan, President and CEO, explained in a press release that, “the closure of this facility, combined with a growing list of other protein plants that have shuttered across our industry, is pushing our country perilously close to the edge in terms of our meat supply.” But it’s not just the meat plant that’s implicated. It’s everyone from the cattle farmer to the person who cooks dinner, and there are a number of people who have a place in that process who might first escape attention. The people who make packing materials needed to ship food, the maintenance workers who service machines up and down the supply chain, the truck drivers who move product from one place to another, the grocers who sell the product, the daycare workers who care for the grocers’ children so the grocers can work, and many, many more are all at risk.

[…]

In declaring some jobs “necessary” and others not, in focusing on one supply chain versus another, policymakers show how little they know about the nation’s economy. In their view, they can simply declare things they want to happen, and then those things will happen. But that is not how economies work. An economy is the sum total of everyone’s activities, and when the government declares that something must happen, all kinds of other things happen too.

Consider how all the “non-essential workers” have been sent home for the past two months. Who gets to declare which workers are non-essential to the economy, and by what standard? Most assumed that politicians had the correct answers to these questions. But, as we are discovering, there is no such thing as “non-essential” workers. All workers are essential. How do we know? Because their jobs existed. Profit-driven businesses do not create non-essential jobs. Those people’s jobs were essential to their employers. Further, those people’s jobs were incredibly essential to the people themselves. They need their wages to pay the rent, buy their food, make their car payments, and for everything else that makes their lives livable.

But policymakers simply declared them non-essential, as if there would be no fallout from that decision.

QotD: The eternal “now” of Progressive stasis

Filed under: History, Politics, Quotations, USA — Tags: , , , , — Nicholas @ 01:00

The best practical definition of conservatism I’ve heard is “planting trees you won’t live to sit under.” I’ll die, and though nothing of me will remain, my home, my community, my nation, my civilization, my people will remain … and I did my part, however small, to ensure it, by living my life well. My honor is my loyalty, as someone or other once said.

None of that matters to the cultural marxist, though. How could it? As I wrote yesterday, to the fanatic, the past is one long catalog of freely chosen error. Nor is there any meaningful future to a fanatic. That seems wrong, I realize, but consider that time passes through contrast. People will be born and die in the Communist Utopia, but since everyone will always have everything, human activity will be exquisitely pointless …

Ignore what Leftists say. Watch what they do, and it’ll soon be obvious that what they long for above all things is stasis. They want everyone and everything to be one way, and one way only, forever. Homosexuals are the most flamboyant example. Imagine that — having your entire life defined by your sexual attraction. I like blondes, but you know, if the right brunette came along I’d go for her. Heck, I’d even go for a ginger (I know, I know, I’m a monster). But according to the Left, that’s not allowed. I like blondes, and therefore I’m only allowed to like blondes. Oh, and I can only vote for Bernie Sanders, because he’s the attracted-to-blondes candidate, and I must support abortion, and use the word “cisgendered,” and …

Thus, to the Leftist there’s no past, and no future either. There’s only now, and the only thing that matters now is power. How could it be otherwise?

Severian, “The Endless Now”, Rotten Chestnuts, 2020-01-23.

May 2, 2020

Gabriel Over the White House – “the most unapologetic celebration of fascism ever put on film”

Filed under: History, Media, USA — Tags: , , , , — Nicholas @ 05:00

Jack Cashill found this “gem” while watching Turner Classic Movies during the Wuhan Coronavirus lockdown and was amazed:

By now, I have seen most of TCM’s movies, but one aired this past week I had not even heard of. On a whim, I DVR’ed it. Good move. Called Gabriel Over the White House, this 1933 liberal wet dream proved to be the most unapologetic celebration of fascism ever put on film.

I watched it wide-eyed. The movie opens with the inauguration of Jud Hammond. A laissez-faire back-slapper, Hammond sees the White House as a way to enrich himself and reward his cronies, Depression be damned. The audience assumes Hammond is a Republican.

Out joyriding one day, Hammond crashes his car and lapses into coma. While still comatose, the Angel Gabriel visits Hammond and turns him into a committed and caring progressive. Is there another kind?

Upon waking, Hammond convenes his cabinet of corrupt self-servers and rejects their plea that the party must come first. Instead, Hammond insists their first priority be the American people. He refuses to use the U.S. Army against a marching mass of the unemployed and fires the secretary of state when he objects.

“I suggest you read the Constitution of the United States. You’ll find the President has some power,” Hammond warns his cabinet members. Some power? Fully indifferent to the Constitution, Hammond grabs all the power that can possibly be grabbed.

When the cabinet objects to his usurpation of power, Hammond fires the cabinet. When Congress threatens to impeach Hammond, he declares martial law and dispenses with Congress. When accused of being a dictator, Hammond argues that his is a dictatorship based on some imagined Jeffersonian principle of Democracy, namely the greatest good for the greatest number of people.

Now with total power, Hammond enacts a national banking law, stops foreclosures, provides direct aid to some 55 million farmers, circumvents private industry and launches his own “Army of Construction.”

A young aide, Hartley Beekman, and his female counterpart, Pendie Molloy, serve as something of a progressive chorus. “The way he thinks is so simple and honest that it sounds a little crazy,” says Beekman of Hammond.

“He’s doing the things you wanted,” Molloy answers. “And If he’s mad, it’s a divine madness. Look at the chaos and catastrophe sane men have brought about.”

The divine madness includes the creation of a Federal Police force, a subset of the Army, with young Beekman at its head. When the nation’s chief racketeer refuses to go back to his unnamed home country, Hammond warns him that the government is about to “muscle in on his racket” and federalize the sale of alcohol.

The racketeer fights back, and Beekman employs a legion of tanks Waco-style against the racketeers. When captured, the racketeers are all hauled before a three-man court martial headed by Beekman, promptly declared guilty, and executed en masse by a firing squad.

Several years ago, the movie was brought to my attention and I found this clip on YouTube that I suspect captures the essence of the film:

James Lileks describes it as “a remarkable movie. And I don’t mean ‘astonishingly good, technically superb, visually ingenious.’ I mean utterly insane.”

May 1, 2020

Federal Express runaway train incident 67 years later

Filed under: History, Railways, USA — Tags: , , , — Nicholas @ 02:00

Thunderbolt 1000 Siren Productions
Published 17 Jan 2020

2 days late and I lost several hours of sleep but holy hell it’s worth it now that it’s done! Enjoy this pretty interesting story on a runaway GG1 just days before Eisenhower’s inaguration
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Next to come up is Glendale and *passes out*

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April 30, 2020

Browning M1917: America’s World War One Heavy Machine Gun

Filed under: History, Military, USA, Weapons, WW1 — Tags: , , , — Nicholas @ 02:00

Forgotten Weapons
Published 14 Mar 2018

When the United States entered World War One, its military has a relatively tiny handful of machine guns, and they were divided between four different types, as the military budget was small and machine guns were not given much priority. However, since the failure of his gas-operated 1895 machine gun design to become a popular military item, John Browning had been working on a recoil-operated machine gun to replace it. This work became serious in 1910, and by 1915 Browning had met with Colt and agreed to give them exclusive license to his new design — and they began to work with him to refine and perfect it.

When the United States realized that it would be fighting in Europe and would need machine guns in 1917, it held an open trial for designs which Colt and Browning entered. The Browning gun was the undisputed star of the show, firing 40,000 rounds with only one parts breakage and no malfunctions that were not the fault of ammunition or belts. The gun was almost immediately adopted and pushed into production. Ultimately, Colt would allow the manufacture of its guns by Remington and New England Westinghouse, and Browning himself would accept a lump-sum royalty payment from the government for its use, which was about 3.5 million dollars less than he was contractually entitled to — out of patriotism and a desire not to profit too much from the war.

Browning 1917 machine guns would see only brief combat use in World War One, first tasting action in September of 1918. They would remain a staple of US military armament through World War Two, however, improved after the Armistice to the M1917A1 pattern. The gun we are looking at today is an original WW1 M1917, mounted on an equally rare M1917 original tripod.

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April 29, 2020

“The war on ultraviolet radiation because it might help Trump is an educational moment”

Arthur Chrenkoff on the sudden decision that the World Health Organization is the ultimate arbiter of what we’re allowed to say on social media platforms like Twitter and YouTube:

There is of course no evidence that the video represents any disinformation. It relates to legitimate scientific research by a medical company conducted in association with a respected hospital to develop a novel treatment of possibly crucial importance in the current conditions and into the future. The only problem with the video is that is indirectly supports Trump’s flight of fancy speculation about using light and chemicals to “disinfect” the body. Ergo, according to a NYT journalist it represents a problem and YouTube agrees. YouTube now has a standing policy of removing COVID information that goes against the World Health Organisation’s guidelines. Putting aside the question of the WHO’s credibility in the wake of the pandemic, we are not talking here about some guy in a tinfoil hat talking about 5G towers spreading the virus; this is a video relating to ongoing, respectable scientific research. Will it work? Probably not. But perhaps neither will any of the 150 or so COVID-19 vaccines being currently developed around the world. We won’t know until we know. But in the meantime, scientific news should not be censored, period.

[…]

Goldsmith and Woods are correct in pointing out not only the greater role that governments have been playing in regulating speech but more importantly how much of that effort has been embraced and driven by the big tech — and by the private individuals enabled and encouraged by the big tech — what I have previously called the “democratised censorship”. The difference is that people like Goldsmith and Woods think that’s a good thing.

The dirty little secret is that a great number of leftists, progressives and even centrist technocrats and activists look at China, with its authoritarian government, social credit score system, ubiquitous surveillance, and the ability to “get things done” and done quickly and supposedly efficiently (in China, bullet trains run on time, I hear), and pine for such a system to be applied in their own countries — as long as, of course, they are the ones in power and decide what is right, important and valuable. The left’s objections are rarely against authoritarianism and its means and methods per se, just with the possibility that someone else — like Trump — is the one behind the wheel, implementing their, not the left’s, agenda.

The war on ultraviolet radiation because it might help Trump is an educational moment. One could say, first they came for crazy conspiracy theorists and I said nothing because I’m not an anti-vaxxer or anti-5G activist — and so on. The problem with censorship is that it keeps creeping up on everyone else. And those who do the censoring — who decide what the ignorant masses should and shouldn’t be allowed to read — are not some detached and impartial spiritual beings but people with political agendas. People who think that ideas and beliefs of one half of the society are harmful and offensive. People who will censor news that doesn’t fit the agenda and support the narrative.

And then they came for ultraviolet radiation… You have been warned.

April 28, 2020

Robber Barons and the Battle of the Tunnel

Filed under: Business, Government, History, Law, Politics, Railways, USA — Tags: , , , — Nicholas @ 04:00

The History Guy: History Deserves to Be Remembered
Published 1 Feb 2019

During the gilded age ruthless businessmen fought for control of railway lines. The Albany and Susquehanna railroad was another battlefield in the “Railroad wars.” In this episode, The History Guy remembers “the Battle of the Tunnel”.

This is original content based on research by The History Guy. Images in the Public Domain are carefully selected and provide illustration. As images of actual events are sometimes not available, images of similar objects and events are used for illustration.

All events are portrayed in historical context and for educational purposes. No images or content are primarily intended to shock and disgust. Those who do not learn from history are doomed to repeat it. Non censuram.

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The History Guy: History Deserves to Be Remembered is the place to find short snippets of forgotten history from five to fifteen minutes long. If you like history too, this is the channel for you.

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Script by THG

#newyork #thehistoryguy #ushistory

April 27, 2020

Entrepreneurs beyond the atmosphere

Filed under: Government, Law, Liberty, Space, USA — Tags: , , , , — Nicholas @ 03:00

Doug Bandow reacts to Donald Trump’s executive order that begins to clear the way for private enterprise in space:

Taken by Apollo 8 crewmember Bill Anders on December 24, 1968, at mission time 075:49:07 (16:40 UTC), while in orbit around the Moon, showing the Earth rising above the lunar horizon.

Despite the current chaos caused by the coronavirus, Washington still must consider the future. Which explains the president’s new executive order that would allow private resource development on the moon and asteroids. It clearly rejects the “common heritage of mankind” rhetoric deployed by the United Nations on behalf of the Law of the Sea Treaty, which four decades ago created a special UN body to seize control of seabed resources.

The Future of Space Exploration

The EO issued earlier this month explained that

    Successful long-term exploration and scientific discovery of the Moon, Mars, and other celestial bodies will require partnership with commercial entities to recover and use resources, including water and certain minerals, in outer space.

The measure began the process of revising an uncertain legal regime which currently discourages private sector development.

The administration pointed to the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (known as the Moon treaty) and the 1967 Treaty on Principles Governing the Activities of State in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (typically called the Outer Space Treaty). Neither is friendly to entrepreneurs or explorers with a commercial bent.

In response, the president announced that

    Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. Outer space is a legally and physically unique domain of human activity, and the United States does not view it as a global commons. Accordingly, it shall be the policy of the United States to encourage international support for the public and private recovery and use of resources in outer space, consistent with applicable law.

Space is a Long-Term Prospect

The document’s main directive is for the Secretary of State, in cooperation with other agencies, to “take all appropriate actions to encourage international support for the public and private recovery and use of resources in outer space.” The secretary is to “negotiate joint statements and bilateral and multilateral arrangements with foreign states regarding safe and sustainable operations for the public and private recovery and use of space resources.”

Obviously, the administration’s attention is directed elsewhere at the moment. However, the potential benefits of turning to space are significant. The value of scientific research is obvious and continues to drive government agencies such as NASA. Launch services and space tourism have caught the interest of private operators. Such activities offer fewer legal and practical difficulties than attempting to establish some sort of long-term presence in the great beyond.

More complex development of space is a longer-term prospect. However, that makes it even more imperative to encourage innovation by creating institutions and incentives that encourage responsible development of what truly is the “final frontier.”

QotD: H.L. Mencken’s literary theory

Filed under: Liberty, Politics, Quotations, USA — Tags: , , , — Nicholas @ 01:00

As for me, my literary theory, like my politics, is based chiefly upon one main idea, to wit, the idea of freedom. I am, in brief, a libertarian of the most extreme variety, and know of no human right that is one-tenth as valuable as the simple right to utter what seems (at the moment) to be the truth. Take away this right, and none other is worth a hoot; nor, indeed, can any other long exist. Debauched by that notion, it follows necessarily that I can be only an indifferent citizen of a democratic state, for democracy is grounded upon the instinct of inferior men to herd themselves in large masses, and its principal manifestation is their bitter opposition to all free thought. In the United States, in fact, I am commonly regarded as a violent anti-patriot. But this is simply because most of the ideas upon which American patriotism bases itself seem to me to be obviously sentimental and nonsensical — that is, they have, for me at least, no intelligible relation to the visible facts. I do not object to patriotism when it is logically defensible. On the contrary, I respect it as a necessary corollary to the undeniable inequality of races and people. Its converse, internationalism, appears to me to be almost insane. What an internationalist says, stripping it of rhetoric, is simply that a lion is no more than a large rat.

H.L. Mencken, “Private Reflections”, The Smart Set, 1922-12.

April 23, 2020

QotD: Idiotarianism

Filed under: Politics, Quotations, USA — Tags: , — Nicholas @ 01:00

Way back when the term “idiotarian” was coined, it was quite explicitly aimed at the idiots of the Left and Right equally. The idiots of the Right have been somewhat quieter lately, but they’re no less idiots for that.

Glenn Reynolds, Instapundit, 2005-01-31.

April 22, 2020

The REAL Heroes of the M1 Carbine – not “Carbine” Williams

Filed under: History, Military, USA, Weapons, WW2 — Tags: , , , — Nicholas @ 04:00

Forgotten Weapons
Published 21 Apr 2020

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The Hollywood-spawned mythos of the M1 Carbine is that it was created by David Marshall “Carbine” Williams. The reality is far different. In real life, Williams was talented, but short-tempered, stubborn, and unable to work effectively as part of a team — and a cohesive, cooperative team is what the M1 Carbine required.

While Williams was off sulking about how the work was being done wrong, a team of Winchester machinists and engineers including William Roemer and Fred Humiston were actually making it happen.

The most impressive anecdote of the whole story, to me, is from when the solitary Winchester prototype broke its bolt in the middle of the final testing. Fred Humiston was representing Winchester at the trials, and he was told that if he could provide a new bolt within 24 hours the gun could continue the trials — but he could not take the gun off the testing ground. So Humiston went back to the Winchester shop and made a new bolt from memory (no drawings yet existed for the gun) and without being able to test-fit it in the gun. When he returned the next day, his new bolt dropped in perfectly, and the gun went on to win the trials. That is an epic feat of skill, and it is really a shame that he does not get more recognition for it.

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QotD: Actors

Filed under: Humour, Media, Quotations, USA — Tags: , , — Nicholas @ 01:00

Why waste a whole evening, once or twice a week, in a stuffy and over-red theater, breathing zymotic air, sniffing discordant perfumery, looking at idiotic scenery, listening to the bleeding English of ignorant and preposterous actors? Have you ever, in all your life, seen five leading men who actually looked like civilized gentlemen, or even like the authentic valets, head clerks or unburied corpses of civilized gentlemen? Have you ever sat through a whole performance without wishing it were possible to take at least one of the actors out into the alley, there to do execution of the lex non scripta upon him? Eheu, Postume, what all of us have suffered at the hands of such strutting mummers and mountebanks! How we have writhed and squirmed beneath their astounding outrages upon the vulgate! What is worse than an actor? Two actors? Three actors? A whole stage full of actors! An endless succession of actors! … How we have leaped and squealed under their broad a‘s, their fearful renderings of proper names, their obscene attempts at boarding school French! How our paws have itched to grab them by the collars of their advanced coats, and to strangle them with their futurist shirts, and to anatomize them with the razor edges of their superbly ironed pantaloons! …

There are, of course, such things as good actors. Let us be just and admit it. I have seen and known a few myself, and have heard of a few more. There are half a dozen in England and as many in France. In Germany, I dare say, the police have the names of twenty. (One memorable night, in that strange land, I saw two on the stage at once!) But is the good actor, either at home or abroad, the normal actor, the average actor? Of course he is not. He is the rare actor, the miraculous actor, almost the fabulous actor. Examine a hundred bartenders and you will find that fully sixty of them actually know how to tend bar: they can mix a cocktail that, whatever its faults, is at least fit to drink, and they have the craft needed to draw a Seidel of Pilsner and to beat the cash register. But in the allied art of acting there is no such general dispersion of talent. A handful of outstanding super-actors have it all. The rest of them not only don’t know how to act, but they don’t know that they don’t know.

H.L. Mencken, “Getting Rid of the Actor”, The Smart Set, 1913-09.

April 21, 2020

Homeschooling is bad and should be tightly regulated or banned, says Harvard Professor of Karenism

An article in Harvard Magazine draws heavy fire from people who do not automatically demand to speak to the manager:

Illustration from Harvard Magazine via Twitter.

Harvard Magazine decided that this moment was the PERFECT time to take a gigantic shit on homeschooling parents. Author Erin O’Donnell decided write a piece on Elizabeth Bartholet, a “professor” who knows the best way to handle child education, and that is to turn them over to the State, immediately. Her rationale? Parents are simply too stupid to educate children without the state looking over their shoulder.

    Yet Elizabeth Bartholet, Wasserstein public interest professor of law and faculty director of the Law School’s Child Advocacy Program, sees risks for children — and society — in homeschooling, and recommends a presumptive ban on the practice. Homeschooling, she says, not only violates children’s right to a “meaningful education” and their right to be protected from potential child abuse, but may keep them from contributing positively to a democratic society.”

    “We have an essentially unregulated regime in the area of homeschooling,” Bartholet asserts. All 50 states have laws that make education compulsory, and state constitutions ensure a right to education, “but if you look at the legal regime governing homeschooling, there are very few requirements that parents do anything.” Even apparent requirements such as submitting curricula, or providing evidence that teaching and learning are taking place, she says, aren’t necessarily enforced. Only about a dozen states have rules about the level of education needed by parents who homeschool, she adds. “That means, effectively, that people can homeschool who’ve never gone to school themselves, who don’t read or write themselves.” In another handful of states, parents are not required to register their children as homeschooled; they can simply keep their kids at home.”

    This practice, Bartholet says, can isolate children. She argues that one benefit of sending children to school at age four or five is that teachers are “mandated reporters,” required to alert authorities to evidence of child abuse or neglect. “Teachers and other school personnel constitute the largest percentage of people who report to Child Protective Services,” she explains, whereas not one of the 50 states requires that homeschooling parents be checked for prior reports of child abuse. Even those convicted of child abuse, she adds, could “still just decide, ‘I’m going to take my kids out of school and keep them at home.'”

Bartholet goes on to cite an example of one woman, who was raised by “Idaho survivalists” and was working in the family business instead of getting an education. Conveniently, while lauding “teachers and other school personnel” as mandated reporters, Bartholet fails to cite or even acknowledge that there is plenty of child abuse that happens on school property, by school employees, and maybe there are just evil people who do evil things to children because they have the opportunity to do so. Giving someone the title of “mandated reporter” does not magically make them into an upstanding citizen and defender of children.

Bartholet – and by extension, O’Donnell – makes no rational argument against homeschooling. It’s only her gut feeling that if the nanny state isn’t over the shoulder, trying to mold “young skulls full of mush” (as Rush Limbaugh has said more than once) into educated and functional adults, then there could be shenanigans afoot! Why, these children might end up RELIGIOUS. *GASP!*

Shruti Rajagopalan noted that the original illustration (which appears to have been corrected since the image at the top of this post was published) included the word “ARITHMATIC” on the spine of one of the books.

The Curator at Home | Film Review: Kelly’s Heroes | The Tank Museum

Filed under: Europe, Germany, History, Italy, Media, Military, USA, WW2 — Tags: , , , — Nicholas @ 04:00

The Tank Museum
Published 19 Apr 2020

Join Curator David Willey at Home, as he reviews the classic film: Kelly’s Heroes.
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One of the few good things happening during the Wuhan Coronavirus epidemic – deregulation

Filed under: Bureaucracy, Government, Health, USA — Tags: , , , , — Nicholas @ 03:00

Patrick McLaughlin, Matthew D. Mitchell, and Adam Thierer on the benefits of suspending many existing regulations during the ongoing epidemic:

As the COVID-19 crisis intensified, policymakers at the federal, state, and local levels started suspending or rescinding laws and regulations that hindered sensible, speedy responses to the pandemic. These “rule departures” raised many questions. Were the paused rules undermining public health and welfare even before the crisis? Even if the rules were well intentioned or once possibly served a compelling interest, had they grown unnecessary or counterproductive? If so, why did they persist? How will the suspended rules be dealt with after the crisis? Are there other rules on the books that might transform from merely unnecessary to actively harmful in future crises?

In many cases, rule departures or partial deregulations undertaken during the crisis are tantamount to an admission by policymakers that some policies that were intended to serve the public interest fail to do so. “The explanation for many of these problems is that outdated 20th-century rules stymie 21st-century innovation,” noted former Florida Governor Jeb Bush in a recent Wall Street Journal editorial. “In an emergency, many of those rules can be waived by executive order. After the crisis, there will be momentum to challenge the stale rules that hindered our response. This is likely to go well beyond dealing with pandemics,” he argued. Similarly, lawyer and commentator Philip K. Howard has asserted that “the same kind of energy and resourcefulness will be needed to get America’s schools, businesses, government agencies and nonprofits up and running again” and has suggested the need for a “temporary Recovery Authority with a broad mandate to identify and waive unnecessary bureaucratic hurdles to recovery.” In addition, Wall Street Journal columnist and Brookings Institution Senior Fellow William A. Galston has called for a “Coronavirus 9/11 Commission” to study the governance failures witnessed during the crisis, arguing that “the immediate effects of Covid-19 are bad enough. Failing to learn from it would be criminal negligence for which future generations won’t forgive us.”

The crisis has been a stress test for American institutions. It has laid bare the outdated, overlapping, and often contradictory morass of rules that make it difficult for public and private organizations to respond to changing circumstances. In many cases, these rules persist not because they protect the public from danger but because they protect organized interest groups from new competition. Rules also persist because agencies rarely prioritize retrospective reviews aimed at eliminating unnecessary or potentially harmful rules. On the contrary, agencies typically have a vested interest in maintaining regulations that often took years to generate. Agency employees who have developed expertise in those rules, just like their counterparts in the private sector, have a financial interest in preserving these rules. In this way, “Agencies are stakeholders with respect to their own regulations.”

Once the COVID-19 crisis subsides, there is likely to be considerable momentum to review the rules that have slowed down the response. Some of those rules should probably be permanently repealed and others amended to allow for more flexible responses in the future.

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