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Thursday, February 21, 2013

E.U. Passes Financial Transactions Tax (FTT)

Out of a “desire to ensure that the financial sector fairly and substantially contributes to the costs of the crisis and that [the sector] is taxed in a fair way [relative to] other sectors for the future, to disincentivise excessively risky activities by financial institutions, [and] to complement regulatory measures aimed at avoiding future crises and to generate additional revenue for general budgets or specific policy purposes,” the Council of the European Union took a decision on 14 January 2013 to allow 11 states, including Belgium, France, Germany, and Italy, to act in a coordinated fashion with the Commission and each other in establishing and administrating a tax on financial transactions. That is to say, the tax is to be jointly administered by the Commission and the states, and both levels would share in the proceeds. A few states, most notably Britain and the Czech Republic, abstained in the voting.

The full essay is at Essays on the E.U. Political Economy, available at Amazon. 

Wednesday, February 20, 2013

Challenges for E.U. Foreign Policy

Foreign policy is typically one of the domains of power that goes to the federal level in a Union of states. The history of the E.U. in its development provides a counter-example, as traditionally lower-level functions, such as government regulation of business, were the first to be federalized. Even as a counter-example, the E.U. is nonetheless a federal system, as such a system is not defined by which competencies are federalized. Even so, there are downsides to leaving foreign policy at the state level. In the case of the U.S. under the Articles of Confederation (1781-1789), the foreign policies at the state level involved the risk that European states would try to break apart the new American union by giving the American republics different geo-political foreign interests.

The complete essay is at Essays on Two Federal Empires.

         Should the Syrian Rebels have more powerful weapons, or would they eventually wind up in the hands of anti-Western forces?  This question is difficult enough without having to come to consensus on the question in the E.U.    Source; ABC News.

Monday, February 18, 2013

Congress Mapping the Human Brain: Is the Oxymoron Constitutional?

In his 2013 State of the Union Address, President Obama cited brain research as an example of how the government should “invest in the best ideas.” He pointed to the $140 return to the economy from every dollar that had been invested to map the human genome. He added that funding the Brain Activity Map would be a job-creating investment in science and innovation. In terms of comparative advantage, enlarging the “knowledge economy” in the U.S. is a good strategy for being able to maintain a formidable standard of living. That the federal government has any constitutional basis to be funding a map of the human brain is a question the American president seems not to have considered. The question ought to be more salient in “industrial” policy debates. Indeed, it is not as though the economic and political domains were so disparate that consideration can effectively be delimited to matters of return on investment to the economy as a whole. By extension, what are taken as purely economic considerations in the E.U., as if it were solely an economic union, actually involve the political dimension.
                                                                A Congressional rendering of how the human brain might be mapped?      Source; nytimes.
As for whether Congress could constitutionally fund scientists to map the human brain, one would probably point to the spending clause of the U.S. Constitution, whereby the Congress has the authority to spend “for the general welfare.”  Scientific advancement, it could be argued, is in line with the general welfare. The problem is that under this rationale, practically any “investment” would be in the public welfare, even if only as a byproduct. It would be difficult to find an instance of public spending that does not have any externality in the sense of benefitting the public generally. Were the spending clause not subject to, or limited by, the enumerated, or explicitly listed, powers of Congress, those powers would not be limited. So by logic or reason alone, it stands to reason that the spending clause must have been intended to furnish Congress with the authority to fund its enumerated powers.
Turning to the enumerated powers of Congress, one might argue that the commercial implications from mapping the human brain qualify the funding as within the interstate commerce clause of the U.S. Constitution. However, for something to have implications for commerce generally—not even specifically interstate—means that that thing is not itself commerce. Even if the activity funded were commerce, it would presumably have to be that which is conducted across state lines. Furthermore, to argue that the regulating of interstate commerce extends to investing in the commerce itself twists the definition of regulation, which is to set rules.
President Obama could be challenged for his presumption that the federal government is the definitive level of government for virtually any matter of public policy to be enacted into law. To be sure, Alexander Hamilton, a delegate to the Constitutional Convention and the first U.S. Treasury Secretary, had wanted the states to be mere districts implementing federal policy. Of course, he also wanted the U.S. President to be in office for life. That he had not been born and raised in any of the colonies that would become the United States may explain his alien political philosophy from an American standpoint. Barak Obama, while doubtlessly born in Hawaii, lived abroad in his formative years. This may be why he has been susceptible to what Sandra Day O’Conner said is Congress “acting like a state legislature.” That is to say, Barak Obama may not have fully realized the distinctiveness of federal government on the empire scale. In other words, that the Founders deliberately gave the U.S. Federal Government the imperial powers that the King of England had in governing the British Empire is probably a point that the future American President would have missed while at school as a boy in Indonesia.
Generally speaking, as the American electorates lose their sense of what these United States are, we increasingly run the risk of having the ship of state operated in ways that are at odds with its design and essence as an entity. Put another way, if you forget who you are and begin to act in ways that are at odds with who you really are, you are undoubtedly headed for trouble—if not soon, then eventually.


John Markoff, “Obama Seeking to Boost Study of Human Brain,” The New York Times, February 17, 2013.

Sunday, February 17, 2013

What Is Behind Corporate Tax Loopholes?

A company in the U.S. wants a tax loophole to apply. Starbucks, for example, wanted to be able to use the manufacturing deduction by stretching manufacturing to include the roasting of coffee beans. So in 2004 the company hired Michael Evans, a lobbyist at K&L Gates who had just a year before worked as a top lawyer on the U.S. Senate Finance Committee, which writes tax law. Evans was able to urge his former colleagues in the Senate to expand the definition of manufacturing to include roasting in a clause added to a 243-page tax bill called the American Jobs Creation Act.  As you might imagine, Starbucks was not the only company to get a tax break written into that law.
By 2013, the manufacturing deduction had saved Starbucks $88 million that it would otherwise have had to pay in corporate income tax. In 2012, corporate tax breaks and loopholes added $150 billion in lost revenue for the federal government, hence increasing the deficit by that amount.  The provisions are typically not ended, for the lobbyists hired to insert them could simply be hired again to protect them.
To main lessons can be gleamed from this case. First, the damage done to the U.S. debt by corporate loopholes is significant. While dwarfed by having financed the Iraq and Afghanistan wars and the Bush tax cuts on credit ($2.4 trillion added to the debt altogether), $150 billion added on due to corporate tax benefits is nonetheless significant. Moreover, the “insider influence” itself violates the principle of fairness, at least in a democracy, and thus is unethical politically.
Second, the nexus enabling the efficacious lobbying on behalf of corporations seems to be the contacts that lobbyists have in government by virtue of having worked there themselves not long before lobbying. A law prohibiting former legislators and Congressional staffers from lobbying for at least ten years might make a dent in the inordinate insider influence of corporations in Congress.

To be sure, it could be maintained that it would be more difficult to get quality people to work as staffers on the Hill (or in regulatory agencies). However, with a sustained unemployment rate and people attracted to government without any intention of “cashing it in” by lobbying , the fear is likely spurious.  

A more serious objection is the point that power will inevitably find its maker. That is to say, members of Congress will get to the corporate cash one way or another. Looked at from the other direction, power flows down hill. Like water, pent-up power naturally seeks its way around an obstruction with the objective of securing a use. According to Nietzsche, the will to power seeks the pleasure in overcoming an obstacle. Even the eventual exercise of power thus has to do with an obstacle. The difference is that power turns that obstacle to its way. There is pleasure in that, according to Nietzsche.

Therefore, even though more daylight is needed between those in government and corporations, it is in the nature of power to work around obstacles that cannot be overcome in order to find others that can be turned around. Whether capturing members of Congress or entire regulatory agencies, corporate public affairs divisions are oriented to just that. Putting greater social distance between having been a staffer in Congress or even an elected representative or senator and lobbying for corporations would likely only make it marginally more difficult for corporate influence to find its way into the halls of power. The question is whether circumventing the water only slightly is worth the time and energy of passing the law. In the end, the threat to the democracy is the inordinate power, and thus wealth, of large corporations. Besides being at odds with Adam Smith's notion of perfect competition, a capitalist system populated with huge concentrations of private wealth is a threat to democracy.  


Ben Hallman and Chris Kirkham, “As Obama Confronts Corporate Tax Reform, Past Lessons Suggest Lobbyists Will Fight For Loopholes,” The Huffington Post, February 15, 2013.