In a comment on Facebook, Sean Gabb explains why even a government in a non-federal system sometimes seems to act inconsistently from moment to moment:
Sean Gabb In a country as large and rich as ours, The State is best regarded not as an entity with a single will, but as a collection of interest groups with agendas that sometimes overlap and sometimes conflict. The job of the people at the top is largely to try balancing these interests.
“Anybody could rule this country,” said George; “I could rule it.”
We were seated in the garden of the Kaiser Hof at Bonn, looking down upon the Rhine. It was the last evening of our Bummel; the early morning train would be the beginning of the end.
“I should write down all I wanted the people to do on a piece of paper,” continued George; “get a good firm to print off so many copies, have them posted about the towns and villages; and the thing would be done.”
In the placid, docile German of to-day, whose only ambition appears to be to pay his taxes, and do what he is told to do by those whom it has pleased Providence to place in authority over him, it is difficult, one must confess, to detect any trace of his wild ancestor, to whom individual liberty was as the breath of his nostrils; who appointed his magistrates to advise, but retained the right of execution for the tribe; who followed his chief, but would have scorned to obey him. In Germany to-day one hears a good deal concerning Socialism, but it is a Socialism that would only be despotism under another name. Individualism makes no appeal to the German voter. He is willing, nay, anxious, to be controlled and regulated in all things. He disputes, not government, but the form of it. The policeman is to him a religion, and, one feels, will always remain so. In England we regard our man in blue as a harmless necessity. By the average citizen he is employed chiefly as a signpost, though in busy quarters of the town he is considered useful for taking old ladies across the road. Beyond feeling thankful to him for these services, I doubt if we take much thought of him. In Germany, on the other hand, he is worshipped as a little god and loved as a guardian angel. To the German child he is a combination of Santa Claus and the Bogie Man. All good things come from him: Spielplätze to play in, furnished with swings and giant-strides, sand heaps to fight around, swimming baths, and fairs. All misbehaviour is punished by him. It is the hope of every well-meaning German boy and girl to please the police. To be smiled at by a policeman makes it conceited. A German child that has been patted on the head by a policeman is not fit to live with; its self-importance is unbearable.
The German citizen is a soldier, and the policeman is his officer. The policeman directs him where in the street to walk, and how fast to walk. At the end of each bridge stands a policeman to tell the German how to cross it. Were there no policeman there, he would probably sit down and wait till the river had passed by. At the railway station the policeman locks him up in the waiting-room, where he can do no harm to himself. When the proper time arrives, he fetches him out and hands him over to the guard of the train, who is only a policeman in another uniform. The guard tells him where to sit in the train, and when to get out, and sees that he does get out. In Germany you take no responsibility upon yourself whatever. Everything is done for you, and done well. You are not supposed to look after yourself; you are not blamed for being incapable of looking after yourself; it is the duty of the German policeman to look after you. That you may be a helpless idiot does not excuse him should anything happen to you. Wherever you are and whatever you are doing you are in his charge, and he takes care of you — good care of you; there is no denying this.
Jerome K. Jerome, Three Men on the Bummel, 1914.
Another post from last month that I’m just getting around to linking:
Some restaurants offer burgers without fries and a drink. These restaurants cater to low-income people who enjoy fries and drinks but can’t always afford them. To rectify this sad situation a presidential candidate proposes The Happy Meal Act. Under the Act, burgers must be sold with fries and a drink. “Burgers by themselves are not a complete, nutritious meal,” the politician argues, concluding with the uplifting campaign slogan, “Everyone deserves a Happy Meal!”
But will the Happy Meal Act make people happy? If burgers must come with fries and a drink, restaurants will increase the price of a “burger.” Even though everyone likes fries and a drink they may not like the added benefits by as much as the increase in the price of the meal. Indeed, this must the case since consumers could have bought the meal before the Act but chose not to. Requiring firms to sell benefits that customers value less than their cost makes both firms and customers worse off.
The Happy Meal Fallacy is fairly obvious when it comes to happy meals but now let’s consider the debate over the gig economy and the hiring of employees versus contractors. Employees are entitled to benefits that contractors are not. Thus the standard conclusion is that classifying workers as contractors “is great for employers but potentially terrible for workers.” Wrong. Employees get their wages with fries and a drink while contractors get wages only. Would a law requiring firms to provide all workers with fries and a drink help workers?
If firms are required to provide benefits to contractors they will lower the contractor wage. But how do we know the extra benefits aren’t worth the reduction in wages? If the extra benefits were worth more to workers than they cost firms, firms would have eagerly provided these benefits as a way of increasing profits. Firms can profit whenever buyers are willing to pay more for a product than its cost. Benefits are a product that workers buy from firms.
David Warren, earlier this month, on the slow-motion financial, economic, and political disaster that is modern-day Greece:
Now seriously, gentle reader, we are being reminded that there is truly no way out — no foreseeable practical and material escape — from the Nanny State web we have woven. Except by catastrophe, and/or miracle. My fascination with Greece is, as I have said, to see what happens as that state breaks down. Greece is unrepresentative in some ways; she never was a truly Western country, and thus even her way of abandoning the Christian faith is different from the Western. Since the West freed her from the Infidel Turk, Greece has had the luxury to pick and choose between spiritual destinies. The West offered three: the Catholic, the Protestant, and the Revolutionary. Greece chose to dress her post-Byzantine, Orthodox self in the robes of Marianne, goddess of fake Liberty. They don’t fit, can’t, and she has experienced one wardrobe malfunction after another. Whereas the French, whom she most likes to emulate, at least know how to carry off satanic modernism in style.
Notwithstanding, the material facts of Nanny State are universal, and Greece can now serve as an illustration of their consequences — for the simple reason that she has made more mistakes, faster, than any other European country.
My fondest hope was that the failure of Greece would provoke a genuine re-assessment of the European Union. My worst fear is that it would instead make Europe’s commissars circle their wagon (the EU flag unintentionally represents this), and advance the continental nannyism in the vain belief that they can somehow save it. This, I observe, is what most likely happens. Or to put this another way, for the third time in a century, Europe has embarked on a mission of self-destruction, and will not turn back.
The correct response, to my humble mind, would have been on two fronts. First, to acknowledge that Greece can’t pay, and therefore write off the debts. Let them start again from scratch, according to their lights, providing whatever humanitarian aid can be afforded, but making clear it is a gift, and therefore delivering it through visibly European (and North American) agencies. Never let anyone think he is receiving gifts by right, and thus confuse gifts with payment. But don’t kick Greece out of anything; they have as much right to use euros while unwinding as the Argentines had to use U.S. dollars through their last bankruptcy. In defiance of post-modern sentimentalism, I would say it is possible to be both charitable, and firm.
Second, to begin a peaceful disassembly of most of the pan-European scheme, including the euro currency, which doesn’t and can’t work. Restore marks, francs, lire, pesetas; but also gradually downsize the Brussels bureaucracy to what it can and did do reasonably well — as a clearing house for trade transactions. This would be sane, now the ambition of a “European nation” is proved to have been foolish in itself. It would be insane, politically, to leave it to the member countries’ respective nationalist lunatics to achieve the same end by jingo, with the violence that follows inevitably from that.
It is in this greater (political, not religious) light that I think another bailout for Greece is a horror. It means Europe’s politicians are accelerating down a blind alley — the political equivalent of “the spirit of Vatican II.”
The CRTC is an even more odious organization. Back in 1920s both the Canadian and American governments declared the broadcast spectrum to be public property. So a technology pioneered and commercialized by the private sector, in both countries, was essentially nationalized by the state. Since it was a new industry it lacked the ability to effectively lobby Washington and Ottawa. The result has been that a large and important sector of our modern economy now lives and dies at the whim of an unelected government agency: The CRTC.
Of all the organs of Canadian government the CRTC has always struck me as the most fascistic. You could rationalize socialize health care, public education and government financed infrastructure as doing useful things in a terribly statist way. The CRTC is at an exercise in make work at best. At worse it’s an attempt to impose indirect censorship on the Canadian people. Beneath the reams of government drafted euphemisms the blunt truth behind the CRTC is that we mere Canadians are not clever enough, not patriotic enough or sufficiently sensible to watch and listen to the right things in the right way.
The existence of the CRTC explains much of the timorousness of Canadian broadcasting. The Americans did away with the Fairness Doctrine in 1987, thereby triggering the explosion in talk radio in the early 1990s. While Canada never had an exact equivalent, the regulations surrounding who could and could not receive or retain a license were sufficiently vague to make such a rule unnecessary. A nod and a wink from the right people at the right time was enough to indicate what type of broadcasting would or would not be acceptable.
The result was an insufferable group think that could no more be defined than challenged. There were unwritten rules of etiquette that forbade serious discussion from talking place on a whole host of issues: Abortion, capital punishment, race relations, linguistic issues and any frank discussions of our socialized health care system. It wasn’t that these discussions didn’t take place in a public forum, the newspapers and magazines were largely unregulated, but broadcasting was the late twentieth century’s pre-eminent mass media. It’s where ordinary people got their news and opinions.
Richard Anderson, “And All Must Have Prizes”, The Gods of the Copybook Headings, 2014-09-24.
In City Journal, Myron Magnet reviews a new book by Philip Hamburger on the rise and rise of the regulatory state:
We conservatives like to complain about overregulation and point to this or that destructive rule, but few of us go so far as Philip Hamburger does in his immensely important Is Administrative Law Unlawful?, published last year. A Columbia law professor, Hamburger indicts the entire structure of executive-agency rulemaking as illegitimate. It’s not just the regulations that have to go but the regulators as well, since their job is to fling down the Constitution and dance on it.
For over 400 pages of a 511-page, doorstopper-weight text, Hamburger counts the ways in which the slithery Medusa’s head of executive-branch agencies — from the Interstate Commerce Commission and the National Labor Relations Board to the Environmental Protection Agency and the Consumer Financial Protection Bureau, all spitting out the venom of administrative law — constitutes a flagrant affront to the Constitution. For starters, the Constitution lodges all legislative power in Congress, which therefore cannot delegate its lawmaking function. So it’s forbidden for Congress to pass a law creating an executive-branch agency that writes rules legally binding on citizens — for example, to set up an agency charged with making a clean environment and then to let it make rules with the force of law to accomplish that end as it sees fit. “The power of the legislative,” as the Founding Fathers’ tutelary political philosopher, John Locke, wrote, is “only to make laws and not to make legislators.” And if Congress can’t delegate the legislative power that the Constitution gives it, it certainly cannot delegate power that the Constitution doesn’t give it — namely, the power to hand out selective exemptions from its laws, which is what agencies do when they grant waivers.
Second, Constitution architect James Madison, following political theorist Baron de Montesquieu, saw the separation of powers as an essential bulwark of American liberty. But administrative agencies, which make rules, carry them out, and adjudge and punish infractions of them, blend together legislative, executive, and judicial powers in one giant anti-constitutional Cuisinart. Moreover, judicial power is as undelegatable as legislative power, since the Constitution lodges all of it in the judicial branch. So third, while administrative judges may look “just like real judges,” says Hamburger, they are no such thing — and not only because the Constitution makes it impossible for them to be so but also because, unlike real judges, their sole duty, rather than using their independent and expert judgment to carry out the law of the land, is to carry out the policy of their agency, as set and overseen by their department chief or the relevant cabinet secretary who in turn oversees him. As Justice William Howard Taft pronounced, an administrative tribunal is “miscalled a court.”
Brendan O’Neill on the odd disconnect between American views of Scotland (roughly summed up by kilts, whisky, and Braveheart) and the reality:
… far from being a land of freedom-yearning Bravehearts, Scotland in the 21st century is a hotbed of the new authoritarianism. It’s the most nannying of Europe’s nanny states. It’s a country that imprisons people for singing songs, instructs people to stop smoking in their own homes, and which dreams of making salad-eating compulsory. Seriously. Scotland the Brave has become Scotland the Brave New World.
If you had to guess which country in the world recently sent a young man to jail for the crime of singing an offensive song, I’m guessing most of you would plumb for Putin’s Russia or maybe Saudi Arabia. Nope, it’s Scotland.
Last month, a 24-year-old fan of Rangers, the largely Protestant soccer team, was banged up for four months for singing “The Billy Boys,” an old anti-Catholic ditty that Rangers fans have been singing for years, mainly to annoy fans of Celtic, the largely Catholic soccer team. He was belting it out as he walked along a street to a game. He was arrested, found guilty of songcrimes—something even Orwell failed to foresee—and sent down.
It’s all thanks to the Offensive Behaviour at Football Act, which, yes, is as scary as it sounds. Introduced in 2012 by the Scottish National Party, the largest party in Scotland the Brave New World and author of most of its new nanny-state laws, the Act sums up everything that is rotten in the head of this sceptred isle. Taking a wild, wide-ranging scattergun approach, it outlaws at soccer matches “behaviour of any kind,” including, “in particular, things said or otherwise communicated,” that is “motivated (wholly or partly) by hatred” or which is “threatening” or which a “reasonable person would be likely to consider offensive.”
Got that? At soccer games in Scotland it is now illegal to do or say anything — and “in particular” to say it — that is hateful or threatening or just offensive. Now, I don’t know how many readers have been to a soccer game in Britain, but offensiveness, riling the opposing side, is the gushing lifeblood of the game. Especially in Scotland. Banning at soccer matches hateful or offensive comments, chants, songs, banners, or badges — all are covered by the Offensive Behaviour Act — is like banning cheerleaders from American football. Sure, our cheerleaders are gruffer, drunker, fatter, and more foul-mouthed than yours, but they play a similarly key role in getting the crowds going.
The Offensive Behaviour Act has led to Celtic fans being arrested in dawn raids for the crime of singing pro-I.R.A. songs — which they do to irritate Rangers fans — and Rangers fans being hauled to court for chanting less-than-pleasant things about Catholics.
Even blessing yourself at a soccer game in Scotland could lead to arrest. Catholic fans have been warned that if they “bless themselves aggressively” at games, it could be “construed as something that is offensive,” presumably to non-Catholic fans, and the police might pick them up. You don’t have to look to some Middle Eastern tinpot tyranny if you want to see the state punishing public expressions of Christian faith — it’s happening in Scotland.
Matt Walsh has a message for all those net neutrality warriors doing their fist-bumps of triumph:
Dear Net Neutrality Proponents,
You dear, sweet buffoons.
I know you’re quite impressed that the Federal Communications Commission just passed a sweeping set of regulations granting themselves control over the Internet. President Barack Obama considers this a glorious victory. Liberals and Democrats across the land are delighted. Even some corners of cyber space — the ones populated by masochists and nincompoops — are cheering loudly, excited to finally be under the jurisdiction of an enormous federal bureaucracy. Hallelujah!
Now, Gullible Americans, I realize that you think you’ve just been once again liberated from the shackles of the free market and whisked away to a fanciful land where Father Government makes sure everything is nice and fair and everyone is sharing their toys like good boys and girls. I know you are under this impression. I mean, I can’t blame you. It’s right there in the title. They call it “Net Neutrality,” for goodness sake! It’s neutral! Neutral means fair! Fair Internet! Who can quibble with a fair Internet! Only big bad corporations and their right wing minions, you think. Fox News and the Koch Brothers and Lex Luthor and other scary names.
The FCC tells us that Net Neutrality will give us a free and open Internet by granting them the power to regulate it under laws that were written 60 years before the Internet existed as a common household service. Consumers need to be protected from the possibility that Internet providers will block traffic to certain sites, or set up paid prioritization systems for consumers or web services who pay more. That’s what this is all about, you think. The FCC is looking out for the little guy again.
Good old FCC, always fighting for truth, justice, and bureaucratic control.
But, see, this is where I need you to stop and think, Gullible Americans. It’s too late now, but I need you to finally try to learn something here. The government is not the knight in shining armor you think it is — even when it’s run by Democrats.
Published on 4 Mar 2015
They’re busting backyard archery in Minnesota, and massage shops in California, but you’ll find the Nanny of the Month in the Big Sky state where one lawmaker got his undies in a bunch over the Bare as You Dare bike ride and decided to crack down on indecent exposure, including yoga pants! (Especially the extra-naughty beige colored ones.)
But wait, is the whole ban one big joke or is the state representative who proposed it backpedaling in the face of ridicule?
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