Category: Congress

Checks and Balances

Americans have flourished under the freedoms and rules of community life provided by a government with limited enumerated powers that are divided between legislative, executive, and judicial branches to provide checks and balances against abuse of power and a civic culture of mutual respect. As a result, America itself has flourished. In 1900 median American income, valued in 2024 dollars was approximately $18,000 and 40% of the population lived in poverty. In 2024 median American income was $80,020 and 11.1% lived in poverty.  

The share of government spending (Federal, state and local) in the US was approximately 5.5% in 1900 and 37.5% in 2024. Following WWII GDP growth rate declined as government spending rose as a share of GDP. During the 34 years from 1950 – 1984 GDP growth averaged 3.5% per annum while over the next 34 years from 1984-2019 average annual growth rate fell to 2.5%. But the lower growth rate also reflects the burden of increased regulation.

The incoming Trump administration is claiming, with good justification, that the slowing of economic growth reflects excessive government spending and regulation. It has assigned Elan Musk and his new Department of Government Efficiency (DOGE) to reduce Federal government spending and counterproductive regulations.

Some government programs violate or at least stretch its powers as enumerated in the Constitution.  Some regulations fail to pass the cost/benefit test and thus reduce incomes. To identify waste and fraud, DOGE employees have been given access to confidential employee and or beneficiary data bases. “Late Friday, a federal judge in Washington declined to block DOGE access to Labor Department data but expressed concern about young DOGE staffers who ‘never had any training with respect to the handling of confidential information’ accessing ‘the medical and financial records of millions of Americans.’ And on Saturday, a federal judge in New York temporarily blocked DOGE staff from accessing sensitive payment systems at the Treasury Department, citing the risk of ‘irreparable harm.’

“After the New York ruling, Musk defended DOGE methods, tweeting that his team had sought to add routine information to outgoing Treasury payments to help spot fraud — “super obvious and necessary changes” that “are being implemented by existing longtime career government employees, not anyone from @DOGE.”   “Washington Post – DOGE and Musk goals”

 I support modernizing administrative systems to improve government employee’s productivity (i.e. reduce the number of employees needed for a task) and I support eliminating functions that exceed government’s enumerated powers or do not serve a clear need that can only be met by government, and I support eliminating regulations that fail cost/benefit criteria. Examining these functions and systems and associated databases are surely part of such a careful determination.  But what if Musk and Trump have other objectives such as driving out or punishing their enemies?

“The Trump administration is giving hints it may ignore a federal judge’s ruling restricting Elon Musk and his associates in DOGE, the Department of Government Efficiency, from accessing the Treasury Department’s critical payment systems. In his decision, U.S. District Judge Paul Engelmayer warned about the ‘disclosure of sensitive and confidential information and the heightened risk that the systems in question will be more vulnerable than before to hacking.’ Vice President JD Vance responded to the ruling by writing on social media that ‘judges aren’t allowed to control the executive’s legitimate power.’ Elon Musk also called for the judge to be impeached.”   “Democracy Now – constitutional crisis Trump admin hints it will ignore judge’s ruling to block Musk from Treasury records”

Trump has been issuing executive orders that ignore Congress’s authority (such as the adoption of tariffs, and impounding congressionally authorized expenditure). A federal judge in Rhode Island, John J. McConnell Jr., has ordered the Trump administration to immediately restore federal funds that were frozen under a controversial directive. This followed evidence that the administration failed to comply with a prior temporary restraining order (TRO) issued in January, which prohibited freezing federal grants and assistance programs. The funding freeze, initiated by a memo from the Office of Management and Budget (OMB), affected programs tied to the Inflation Reduction Act and bipartisan infrastructure law, as well as initiatives like Head Start and health research grants.

While the legality of Trump’s executive actions in these areas is doubtful, its wisdom is totally lacking. Collective (i.e. government) action requires broad consensus which is obtained by public discussion in which all views are aired. Cutting off programs and expenditure in the middle of existing contracts bound to be harmful to those involved and to generate public outrage quite unnecessarily. It’s probably illegal as well as just bad policy.

Each administration has the right to put managers in place who support its programs. But the pure execution of administrative functions is not, or should not be, a partisan matter. In the earlier years of our republic working for the government was often a way of rewording family or party members. The resulting quality of the services performed was often poor.

The Pendleton Civil Service Reform Act, signed into law by President Chester A. Arthur on January 16, 1883, marked a turning point in U.S. federal employment practices. It was enacted to dismantle the corrupt “spoils system,” which awarded government jobs based on political loyalty rather than merit.

  • The act required certain federal positions to be filled through competitive examinations, ensuring that candidates were selected based on their qualifications rather than political connections.
  • It prohibited the firing or demotion of employees for political reasons and banned mandatory political contributions (known as “assessments”) from federal workers.
  • The act established the Civil Service Commission to oversee the implementation of merit-based hiring and enforce its provisions.

Initially, only about 10% of federal jobs were covered, but presidents were allowed to expand its reach. By 1980, over 90% of federal positions fell under its protections. President Trump intends to roll back such protection to make more political appointment. Is this to insure that he can appoint managers committed to the faithful execution of his policies? Why then have many of his cabinet appointments been so unqualified to care out their responsibilities? An even bigger question is why the Republican controlled Congress has silently approved their appointments and why have they remained silent in the face of Trump’s many violation of law?

Kash Patel, Trump’s nominee to head the FBI, has publicly outlined plans to go after individuals he perceives as part of the “deep state,” including journalists, Democrats, and former Trump allies. Trump has asked for the names of all FBI agents who work on the investigation of his violations of the law and he threatens to fire them. This sound more like an administrative coup than putting a strong team in place to “make America Great again.”

To take one example of executive actions that undermine rather than serve America interests, consider his strong support of Israel’s war against Palestinians, which even goes beyond Biden’s “blank check” support for Israel. After his threats to Mexico, Canada, Greenland, and Panama, he now plans to take control of Gaza, displace its two million Palestinian residents, and transform the area into a U.S. owned resort-like destination. In interviews, Trump described Gaza as having the potential to become “the Riviera of the Middle East” and suggested relocating Palestinians to neighboring countries like Jordan and Egypt, citing safety and redevelopment needs. He emphasized that Palestinians would not have a right to return under this plan, claiming they would be resettled in “better housing” elsewhere. Thus, Trump would join Israel’s ethnic cleansing of Palestinians directly.

On February 11, when meeting with Trump at the White House, Jordanian King Abdullah II was told that Jordan risked billions of dollars in U.S. foreign aid that Amman receives every year if he did not back Trump’s Gaza displacement plan and admit millions of displaced Palestinians. Later Trump softened but did not withdraw his threat.

Trump has taken a number of other measures that signal his supporters will be exempt from the law. He pardoned approximately 1,500 people connected with the Jan 6 attack on the capital. “Rod Blagojevich and Eric Adams got off because they played the Trump card. Is that how justice now works in America?  “Trump-Rod Blagojevich-Eric Adams lawfare corruption pardon”

“In a further jaw-dropping move…, Trump issued an Executive Order that suspends the Foreign Corrupt Practices Act (FCPA) for 180 days, giving a greenlight to megabanks on Wall Street and other U.S. corporations to bribe officials in foreign countries to get business deals approved.”  “Trump gives the greenlight to Goldman Sachs and JPMorgan Chase to return to bribing foreign officials”

To express his anger at what he considered disloyalty by former Trump administration officials such as Mike Pompeo, Brian Hook, John Bolton, and Mark Esper, Trump terminated their security protection.

All of these reflect Trump’s willingness to punish those who cross him. This provides a possible explanation for why Republicans have remained silent in the face of Trump’s violations of Congress’s laws and quietly approved unqualified cabinet appointments. They are afraid of his retribution.

So what do we do about DOGE’s freezing projects and payments and accessing confidential data bases. Is it for good or evil?

Checks and balances should be supplemented by independent inspectors and auditors. But Trump recently fired 17 Inspectors General from various federal agencies. All members of DOGE given access to confidential data should receive security clearances. Edward Coristine, a 19-year-old member of Elon Musk’s Department of Government Efficiency (DOGE), launched an image-sharing website called tesla.sexy in 2021. The site featured custom “shitposting” web addresses that redirected to content hosted on his platform. Some of these URLs referenced inappropriate and illegal content, including child sexual abuse material and racist themes.  He was recently appointed as a senior adviser to the State Department’s Bureau of Diplomatic Technology without a security clearance!!!

I am perplexed. I would like DOGE to identify waste and fraud and help reduce the scope of government and make what remains more efficient and effective. Understaffing air traffic control under Biden didn’t work out so well for the 67 people who died when a helicopter crashed into a passenger plane at Reagan National. Proper government functions should be properly performed.  But I do not want it to become a weapon of a thin-skinned bully punishing those who oppose him. Among other things the president should not be able to remove oversight inspectors or otherwise weaken independent scrutiny.

The latest on Social Security Benefits

If no changes are made to the Social Security law: “Starting in 2034… Social Security will only have enough money to pay 79% of its promised benefits.” “Day of reckoning for Social Security draws closer”  The system promises a given pension upon retirement (a defined benefit) that is financed by a given payroll tax. It is not a pool of saving that is drown down at retirement. It is pay as you go. “Saving Social Security”.

This financial problem results from the fact that Americans are living longer and thus receive their SS pension for more years if there is no change in the retirement age. Moreover, the growth in the population has slowed so that the ratio of workers (i.e. those paying the tax financing the pensions of the retired) to retirees has fallen from approximately 3.3 in 1970 to 2.9 in 2020. It is projected to fall further to 2.0 by 2030.

The system must and will change, the only question is how. Legal immigration could be increased to increase the number of workers. The wage tax could be increased. Retirement age could be increased (20% voluntarily work after retirement already). As people live longer many choose to work longer for more than just the extra income. Pension benefits could be indexed to inflation rather than to wage growth (which has been greater than inflation). But more recently I have proposed replacing Social Security and other safety net programs with a Universal Basic Income for every man, woman and child without exception. Such a remake of our social safety net would have several very good features. “Replacing Social Security with a Universal Basic Income”

The Houthi’s and Us

After almost a decade of trying to end Saudi Arabian bombing of the Houthi government in Northern Yemen, President Biden has ordered multiple American bombing attacks on Northern Yemen because of Houthi attacks on ships sending arms to Israel in support of its genocide in Gaza. You might need to read that sentence again to get all its parts.

The first point is that once again the U.S. Constitution’s requirement that the Congress must authorize war before the President can launch one, has been violated. And why did Biden think it necessary to bomb Yemen? Because the Houthi attacks were interfering with our shipment of weapons to Israel in support of Israel’s vicious murder of Palestinians by bombing and starvation. “The group’s official spokesman reiterated that attacks on vessels transiting the Bab el-Mandeb Strait toward the Suez Canal will continue until “Gaza [receives] the food and medicine it needs.” That shouldn’t be hard to accomplish.

Even if the US Congress authorized the American bombing of Yemen, it would be bad policy for the U.S., for the Palestinians, and for Israel. “Weighing additional US responses to Houthi Red Sea attacks” America’s interest should be peace and prosperity for all in the Middle East (and all the world). Supporting Israel’s genocidal war in Gaza does not serve that goal and makes the U.S. complicit in Israel’s genocide. Moreover, Europe’s relative silence and the silence of any of us to Israel’s inhuman war in Gaza (including Biden, Trump and Nikki Haley) makes them all complicit. “War in Gaza exposes European philosophy ethically bankrupt”

The march toward the aridification of Palestinians from Gaza and the West Bank is too unbelievably savage to spell out. Such a fate should not be wished on any people. “Unfolding genocide as ever single person in Gaza goes hungry” “Israel’s Netanyahu its Cromwell”

But this war, following a century of Zionist mistreatment of Palestinians in their homeland, is destroying Israel. “Israel is facing existential threats from inside and out-there’s one solution” Israel is committing suicide. To survive, Israel must become a secular democratic state that give equal rights and fair treatment to all who inhabit it. “One state solution for Palestine/Israel”

U.S. leadership is failing once again and is waning. The lust for war by the hawks has overpowered American self-interest once again. War with Iran can’t be far behind. Taiwan can wait (a bit).  “Gaza and Yemen sound death knell for US led rules based global order”

Monopolies

A company that produces a really attractive product or service and does so efficiently and thus at lower cost than can potential competitors, will grow and potentially dominate and even monopolize that market. It is tempting for such very successful companies to seek laws and regulations that protect their dominance by making it harder for potential competitors to enter those markets with lower costs. But as a company enjoys its increasingly protected monopoly, it tends to lose the edge that put it on top in the first place. Its drive to innovate is reduced. It tends to become lazy and even corrupt in the defense of its monopoly position. While economist differ on what policies are best when dealing with a monopolist, there is generally consensus that monopolies are bad in the long run.

The same is true of countries that grow to international dominance. With the collapse of the Soviet Union and the resulting unipolar dominance of the United States, the U.S. increasingly behaves like a bully and disregards the rules of international commerce and diplomacy that it helped establish and demands that others follow.

The United States was founded on an extremely well-conceived set of principles designed to protect its individual citizens to lead their own lives and pursue their own flourishing as they each saw fit. The American constitution limited what the government may do to enumerated powers and provided checks and balances on the actions of each branch of government. For the most part these restrictions have held, and our government has provided the defense, protection, and framework needed for our individual flourishing.

But as we gained strength and dominance and especial during our brief period of unipolarity, we increasingly violated the rules we demanded that others follow. For example, we joined others to sponsor the World Trade Organization to establish the rules of fair trade in order to maximize the benefits of higher incomes for everyone made possible by trade.  We properly challenged China for dumping its excess steel on the market as a violation of WTO rules. But President Trump’s tariffs on Canadian, European, as well as Chinese steel in the name of national defense violated WTO rules as well as common sense. And how do President Biden’s multibillion dollar subsidies for domestic semiconductor chip production differ from “China’s state-led, non-market approach to the economy and trade” we object to?

Though the U.S. won most of the cases it brought to the WTO Appellate Body, the WTO’s dispute resolution body, that Body has not been able to function since December 2019 because the US has blocked the appoint of new judges.

But it gets worse. We have rightly condemned Russia for violating the sovereignty of Ukraine by invading it, while overlooking our equally illegal violations or attempted violations of the sovereignty of Cuba, Iraq, and Libya among others.  

But it gets worse still. In reaction to Canadian Prime Minister Justin Trudeau’s accusation that the government of India was responsible for the assassination of Canadian Sikh activist Hardeep Singh Nijjar on Canadian soil, Adrienne Watson, the White House National Security Council spokesperson, said “targeting dissidents in other countries is absolutely unacceptable and we will keep taking steps to push back on this practice.” Had she forgotten the dozens of such assassinations carried out by the U.S. on foreign soil? Of the more recent was the drone attack in Yemen that killed Anwar al-Awlaki and his young grandson on September 30, 2011. Al-Awlaki was an Islamic scholar and lecturing living here in Arlington Va.  Our assassination of Qasem Soleimani in Baghdad on January 3, 2020, again with a drone attack, raised considerable international criticism. Soleimani was the Commander of the Quds Force of the Islamic Revolutionary Guard Corps. We were not at war with either Iran or (at that time) Iraq.

With our near monopoly of political power in the world, the ability of our defense industry to protect and promote its profitable supply of weapons is strong. We can be thankful of their capacity to produce the weapons that defend us. But our military industrial complex that President Eisenhower warned us of profits however and by whom ever its products are used. Its profits are strengthened and sustained by our forever wars and those we supply. Ike knew of what he spoke.

Of the 2023 FY budget (ending next week) of $1.7 trillion in discretionary spending (yes trillions if you can swallow that), $860 billion (or 50.6%) was for defense. Half of that was paid to the defense industry. Most of that is for weapons. But they provide other services as well. When I was living in Baghdad as part of the Coalition Provisional Authority in 2004, Halliburton (the company Dick Chaney had been Chairman and CEO of) provided our meals in the Embassy mess hall (Saddam Hussein’s Presidential Palace). Lockheed alone gets more of its annual revenue from the federal government than the annual GDP of all but the top 81 countries (about half) in the world.

While our constitution’s checks and balances go a long way to protect our government from capture by the defense and other industries, the honestly of our elected representatives (devotion to the interests of their constituents and our country rather than to the size of their corporate contributions) still matters. It is hard to understand otherwise why we send our sons and daughters off to fight and die in foreign lands or encourage Ukraine to fight to the last Ukrainian.

Our government and foreign policy have been corrupted by our unipolar dominance. But our very arrogance—abide by our rules while we do what we want—has and will increasingly weaken our global influence. There are faint signs that we are being to recognize this new reality and tempering our behavior. The demise of our monopoly behavior and our return to fair and proper competition should be encouraged.

It makes sense to restrict trade of important military products. National Security Advisor Jake Sullivan was right to claim that we should aim for a “small yard with a high fence” to protect military supplies while otherwise maximizing beneficial trade. But the profit motive of our defense industries to expand the size of that yard as much as possible is strong and has been and will be hard to resist.

Student Loan Forgiveness

“Writing for a 6-3 majority split along ideological lines, Chief Justice John Roberts ruled in Biden v. Nebraska that President Biden lacks the authority to enact his signature student loan cancellation plan by executive fiat.” “What’s going on with student loans?”

Please note that the Court said nothing about the merits of forgiving such debt nor that Congress could not do so if it so decided. It said that the President does not have the authority to do so without Congressional authorization. So, it is now back to Congress to debt the merits of the issue. I expressed my views on several occasions, most recently last November.

Econ 101:  Student Loan Forgiveness

The Debt Deal

CNN reported today on the compromise bill to raise the Federal debt ceiling agreed between Biden and McCarty, saying that:” The Congressional Budget Office estimates the bill would reduce budget deficits by $1.5 trillion over the next 10 years, and reduce discretionary spending by a projected $1.3 trillion from 2024 to 2033.”

Language can be tricky. Debt and deficit are not the same.  Reducing projected spending need not mean a reduction in actual spending. In fact, the package agree to by Biden and McCarthy will continue to increase the Federal debt (though at a slower rate than was proposed initially by Biden) and all categories of spending will continue to grow.  Not only will they continue to grow, they will be growing from the abnormally high levels reached during the COVID pandemic.

If we really want all of these expenditures, we should, and will ultimately need to, raise taxes to pay for them.  But do all of them pass the cost benefit test? Do all of them contribute to American wellbeing?

One Republican blind spot is defense spending (which, by the way does not include foreign aid to, for example, Ukraine). The defense budget for 2023 is 9.8% higher than in 2022 and is projected in the Biden/McCarthy package to continue to grow over the next two years covered by that deal. Our huge defense budget has resulted from (or encouraged?) American military adventurism that does not contribute to our security.

The District of Columbia

A foreigner dropping into “The District” from wherever, would be flabbergasted by the local debate over Statehood, home rule, etc. for the District.

The powers of Congress enumerated in Article 1, Section 8, of the U.S. Constitution include the power to govern a federal district:

  • “Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;”

The Residence Act passed by Congress on July 17, 1790, established what is now called the District of Columbia, or Washington D.C., as the capital of the United States. Maryland and Virginia ceded between them 100 square miles of their territory for this purpose.  Congress moved from its first capital in Philadelphia to Washington in December 1800. On February 27, 1801, 212 years ago today, the so-called Organic Act was approved giving control of the District to Congress “and took away the right of residents to vote in federal elections.” District of Columbia retrocession – Wikipedia

And in 1812 our British friends burned down the White House forcing James Madison to live in what is now the Arts Club of Washington (of which Ito and I are members).

In March 1847, Congress and Virginia’s General Assembly approved the return (“retrocession”) of Virginia’s contribution to the District of Columbia but the retrocession of Maryland’s contribution failed to pass Congress. Turning Maryland’s part of the district into a new state makes no sense to me at all. But neither does Congress’s continued control over all of Maryland’s portion of the District.

The provisions of the Constitution giving Congress legislative power over the lands needed for and occupied by its facilities would be fully met by returning most of the District to Maryland (thus restoring full voting and other citizen rights to its residents). Virginia did it and so can (and should) Maryland.

Fair Tax Act of 2023

While I will not hold my breath, I am thrilled to see the introduction of H.R.25 – FairTax Act of 2023 in the House of Representatives by Rep. Carter Earl L. “Buddy” (R-GA-1) on January 9.

“This bill imposes a national sales tax on the use or consumption in the United States of taxable property or services in lieu of the current income taxes, payroll taxes, and estate and gift taxes. The rate of the sales tax will be 23% in 2025, with adjustments to the rate in subsequent years. There are exemptions from the tax for used and intangible property; for property or services purchased for business, export, or investment purposes; and for state government functions.

Under the bill, family members who are lawful U.S. residents receive a monthly sales tax rebate (Family Consumption Allowance) based upon criteria related to family size and poverty guidelines.” “Fair Tax Act of 2023”

I have written a great deal about taxation, a necessary feature of government spending, and how to make it fair and economically neutral (minimal distortion of the allocation of resources in our economy). Income taxation—especially corporate income taxation—fail these tests. A universal consumption tax passes them. It is especially suitable for our globalized world where companies produce and sell in many countries. “Tax reform and the press”   “The corporate income tax”

But the issue of fairness is somewhat in the eyes of the beholder. I have also supported a Universal Basic Income (UBI), in place of our many safety net transfers including Social Security. “Our social safety net”  Not only does a UBI better fit American’s strong commitment to individual liberty and choice, but when combined with a flat consumption tax it produces a progressive impact on income that satisfies my notion of fairness. “Replacing social security with a universal basic income”

As I understand the new (actually a return to the old) and improved House rules, after consideration by the House Ways and Means Committee, the bill will be debated on the floor of the full House. This is a giant step in a very good direction.  

Restoring Regular Order to Congress

In my “Hopes for the New Year” blog last week I listed among my hopes: “Restore Congressional Leadership. Enforce the War Powers Act. Restore regular order and cross aisle cooperation to address real problems. “Our dysfunctional Congress”

The promises made by Kevin McCarthy to gain the required majority support for his Speakership of the House, largely deliver my wish. They weaken the power of the overly powerful Speaker and increased the power of your and my Congressman or Congresswoman. Each appropriation will be properly and separately considered (first by the relevant committee) rather than the all in one rush package no one has time to read in the final minutes before the government must shut down. The issues and proposed remedies were presented a few days ago by Bruce Fein “Deliverance from the Republican House”

OK guys, please get on with addressing the issues and needs of the country that depend on law. The term “guys” here is a standard reference to both men and women. It reminds me of the many meetings we had in 2000 in Istanbul with the new head of the new Turkish Banking Supervision body created to manage Turkey’s exchange rate and banking crises. We (our IMF team) met with him and his team daily and often well into the night and he often referred to us as “girls” or in his better moods “ladies.”