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To: Brumar89 who wrote (72396)6/14/2009 1:09:19 AM
From: Sully-1 Recommendation  Read Replies (1) | Respond to of 90947
 
Wealth Creation Under Attack

Francis Cianfrocca
Commentary Magazine

That some should be rich shows that others may become rich,” said Abraham Lincoln, “and hence, is just encouragement to industry and enterprise.” Barack Obama has made it quite clear he wants to be seen as Lincoln’s heir. But in this instance, he is an heir in open rebellion. He is promising a range of policy initiatives that will have the effect of closing off new pathways to wealth, to the detriment not only of our economy but of our national life as well.

It’s a matter of some debate among economists whether the private generation of wealth is a necessary precondition for providing the means for a decent prosperity that can be shared by all. Clearly, there are and always have been societies throughout the world in which a small class of wealthy families controls the wealth of their nation or region and does little or nothing to spread it around. In those cases, usually in economies that maintain aspects of feudalism or that run along mercantilist lines, the rules of the marketplace are rigged in their favor.

But what of economies organized along market principles, like ours? These are a very different matter. Milton Friedman and his intellectual forebears in the Austrian School famously argued that free-market capitalism, in which people engage in largely ungoverned commercial activity that places them in active competition with each other, produces maximal prosperity for all levels of society in the aggregate.

This argument has always struck many people as a counterintuitive leap of faith, and yet over the past 30 years it has become the dominant economic view across the globe. After years in which the term “capitalism” was treated almost as a pejorative and the “free market” conjured up images of plutocrats and sweatshops, it became an axiom that “markets work.” China changed its financial course and set loose the fastest-growing economy in the history of the world when its post-Mao leader, Deng Xiaoping, declared, “To be rich is glorious”—a startling declaration for a Communist regime. In the United States in the 1990s, the party that had historically stood against the idea that the market should be left to work on its own was led by a President who not only embraced the idea of the free market but evangelized for it.

The financial collapse of 2008 caused Bill Clinton’s activist party to awake from its market dream and reconstitute its economic philosophy around the ideas that had governed it through most of the 20th century—that the economy could and should be guided and managed by government for the betterment of all the rest. With the economy in the hands of mandarins, calamities could be averted, shocks absorbed, pain lessened, and a more even and level system brought into being. Balance would be achieved by ensuring that the system’s top-heaviness should be rectified and the wealth garnered by those near the apex shifted downward to create a greater equilibrium.

American society had been for some time already organized loosely around this principle. Our tax system is progressive, which means that it takes a greater percentage from the well-to-do and an increasingly small amount from the least wealthy. The top 20 percent of taxpayers were responsible for 67.1 percent of the income-tax receipts to the federal government in 2004, up from 66.7 in 2000. The bottom 40 percent paid . . . nothing, and a substantial number of those in the lowest two quintiles actually received money from the government in the form of tax credits.

What numbers like this suggest is that private wealth generation is indeed a necessary component of social-welfare programs run by the government. It not only produces jobs, it creates a pool of money to provide the capital stock that produces the goods and services that all may consume. And not only that. The government’s ability to provide social services is almost entirely dependent on the wealth produced by the private market, since the more there is, the more money will be available to the government for redistributive purposes.

This is far from the only defense of private wealth generation, or free markets. The United States is organized on the principle of the consent of the governed. Power and legitimacy do not flow from the state to the people, but the other way around. In this respect, what individuals do is entirely their own business, just so long as they do not violate the law or the sovereignty of other citizens. Generating wealth is therefore no different from any other private human activity; it is and should remain private, outside the reach of government, until the point at which it impinges on others.

This is a philosophical understanding of American society with which Obama and his policymakers are not in immediate sympathy. They are not opposed to wealth generation; nothing they say indicates any such thing. But they do not see it as a private activity. Rather, they see it as a human endeavor that can and should be harnessed to aid in producing the social changes they believe are most beneficial for the greatest number of people. In the view of the Obamaites, private wealth is not a bad thing, but neither is it a good thing; it is only good if it can be used in furtherance of large-scale public goals.

But this understanding is deeply flawed, because it fails to take into account the factors that motivate the generation of wealth. Those who work to get rich are not doing so because they are seeking to provide enhanced tax receipts for the government, or to make it easier for government to do what elected officials and unelected bureaucrats think is best. They are, rather, fulfilling basic human desires—to excel, to succeed, to best the other person, to show the old man. Those desires provide the drive. The drive provides the wealth. The wealth provides the ancillary benefit for others. And the act of wealth creation itself creates opportunities for others. Americans pursue business and wealth for their own reasons, and we should be deeply hesitant to throw those out with the proverbial bathwater. The unintended consequences of such action could be catastrophic.

_____________

The easiest way to get rich is, and always been, to be born that way. Inherited wealth is a cornerstone of American society, primarily through its highly beneficial effects on cultural organizations, the fine and performing arts, and philanthropy. But the quintessentially American way to wealth is entrepreneurship. The classic picture of a great American fortune starts with an exceptional man who founds a major enterprise, and goes on to invest in younger entrepreneurs and in charitable foundations. This storybook picture inspires many a young American. And it’s largely true.

Entrepreneurship is by no means limited to men like Vanderbilt, Rockefeller, Carnegie, Ford, and Gates. Entrepreneurial efforts are not typically dedicated to amassing world-historical fortunes. Today’s typical entrepreneur is looking for freedom, self-determination, and a chance to do well for himself or herself in proportion to the effort he makes. Most small, micro-, and nanobusinesses don’t become Google. When they succeed, they provide a moderate amount of wealth that is greatly rewarding in itself. And besides that, they generate tax revenues and the wherewithal to participate in charitable and philanthropic activities.

Successful small-business owners become moderately wealthy over time because they make, and save, a lot of money. A small handful of entrepreneurs become very wealthy through capital gains, by selling stock to the public or to other public companies. Yet another pathway to moderate wealth is through investing, or asset growth. In America today, much of the aggregate growth in economic productivity is ultimately captured in the valuation of the stock markets. (This includes growth accruing to American corporations through activities overseas.) Through investment activities, private individuals can and do participate in the increase of America’s prosperity as a whole.

Even more important, successful entrepreneurs become community leaders outside the realm of government. The dispersion of power into what political scientists call “mediating institutions” is one of the hallmarks of American society. The weakening of this sector is perilous because it allows government to arrogate even more authority to itself without having to answer for it.

_____________

Obama himself has expressed sympathy for the goal of reducing income inequality on many occasions before becoming President, as in the notorious episode when he came to an Ohio cul de sac and told the man who would forever after be known as “Joe the Plumber” that he was going to raise his taxes in part to “spread the wealth around” because “it’s good for everybody.”

Tax policy is a key area where policy changes will powerfully impact the creation of private wealth. The administration’s intentions are clearly legible in this year’s federal budget, which lays out spending plans and revenue changes for the next ten years. Quite forthrightly, the budget intends to fund a vast expansion of government by heavily increasing levies on high-income earners, capital, and business income.

The increased levies will come through a new energy plan called “cap and trade,” higher marginal tax rates on individuals and businesses, and adverse rule changes that will increase the proportion of high incomes subject to taxation.

And it’s clear that this is not merely pragmatic, a way of going after needed revenue. The administration sees the generators of private wealth in a new role, as the funders of an ambitious range of new spending plans, from national health care to green energy to mass transportation projects to an unspecified transformation of education.

Another burden on private capital will come from the administration’s efforts to rein in the financial sector, to prevent the emergence of unhedged “systemic risk” of the kind that caused the financial collapse. To a large extent, though, such regulation is unnecessary, because global investors have already self-regulated. In the 2008 crisis, more private wealth was palpably destroyed for ultimately mysterious reasons than at any time outside of war in human history. The degree of leverage and the reliance on incomprehensible derivatives will strike future investors as terrifying anomalies from which to flee, not safe havens for easy profit toward which to flock. As a result, we now run a great risk of over-regulating finance and industry, in a classic case of closing the barn door after the horse has fled the stable.

But in the wake of the financial meltdown and the disasters that have flowed from it, the administration and certain members of Congress have seen fit to intervene directly in the affairs of individual corporations in ways that recall some of the worst abuses of power in our history. The recent actions in respect of Chrysler, the stricken automaker, are quite revealing. The administration’s management of the Chrysler bankruptcy has led to an astonishingly reckless abrogation of contract law that will introduce a new level of uncertainty into business transactions at all levels, and make wealth generation more difficult going forward.

In a typical case, a bankruptcy judge or trustee will gain the power to force a company’s creditors to accept less than full value for their claims, and otherwise manage the situation to produce an outcome that is as fair as possible, complies with the law, and allows the company to continue as a viable concern.

In particular, the position of secured creditors (those who have lent money at a lower interest rate in return for a direct claim on the company’s assets in case of liquidation) is generally held to be senior to that of unsecured creditors and trade claimants. That is, at any rate, what the contracts between the secured creditors and the debtor companies say.

In the case of Chrysler, the President of the United States egregiously went out of his way to take sides in the negotiation. As the holder of a $4-billion note (soon to be more, as the government infuses more taxpayer money into Chrysler), the President is, in effect, an unsecured creditor. But Obama gave a nationally broadcast speech on April 29 in which he singled out Chrysler’s secured creditors (including a group of hedge funds that had purchased Chrysler bonds) as bad actors seeking to profit unduly from a bad situation.

They were no such thing. Those who accepted the President’s final offer stood to lose more than 60 cents on the dollar of their investment’s par value, when the nature of the contracts they held should have entitled them to better terms. For them to hold out for a better offer was nothing more than looking out for their own interests and those of their clients—with a basis in settled law.

An extraordinary uncertainty has been created when the most powerful man in the world can rewrite contracts and choose winners and losers in private negotiations as he sees fit. Since this is an unquantifiable uncertainty, and not a quantifiable risk, its effect on business and investor confidence will be large and unpredictable. As in the 1930s, a time when government also cavalierly rewrote private contracts, the prudent approach for business will be to invest minimally and wait for another administration. The deleterious effects on wealth creationwill be unambiguous.

_____________

The net effect of Obama’s alterations in the financial atmosphere will be to create an extraordinary and needless drag on private wealth creation. The drag will pull on individuals who will find it harder to increase their wealth through investment activities. And it will be felt by the few entrepreneurs in a position to sell their companies. They will find that the value of their “exits” will be lower than in past years. But what about our intrepid small businessman, who asks nothing but a fair shot at success? Here the future actually looks insidious as a result of tax policy changes.

The administration points out often that it wishes only to raise marginal income tax rates to the levels that prevailed during the Clinton years. But the amount of deficit spending it proposes is breathtakingly large. This year’s federal budget is likely to consume almost 25 percent of GDP, a proportion far in excess of any prior peacetime budget. And the spending will have to grow as government is called upon to fund not only its new spending initiatives but also the coming commitments to retiring baby boomers.

Obama will need new revenue sources to pay for some of this. So far, he has disavowed raising taxes on the middle and lower classes. That can only mean very sharp increases in taxes on the highest earners, who in many cases are America’s entrepreneurs, ambitious to achieve moderate personal wealth.

Using very rough numbers, the top 5 percent of earners today generally pay approximately 25 percent of their incomes in taxes to all levels of government. If Obama enlarges government on the scale he has announced he will—around five percent of the annual gross domestic product per year—without increasing the deficit beyond where it is this year, then the federal government will need to find another $700 billion in revenue per year (in today’s dollars). That $700 billion is approximately the total amount of income tax collected today. (Roughly the same amount is garnered in payroll taxes.)

That demand will increase the average overall tax take on high-income individuals to well over 30 percent of their total income, and possibly as high as 40 percent. In other words, Obama may be increasing the tax burden on the upper bracket by 20 percent at a bare minimum and maybe as much as 45 percent. Such a burden will put the goal of private wealth out of reach for many. Even worse, it will make it even more difficult to fund the expansion of small businesses, which generally must be done out of retained earnings. That, in turn, will mean that the overall rate of employment growth in the private sector will slow.

The systematic pursuit of policies that create a series of impediments to private wealth creation is a fast road to disaster, especially given the coming explosion in entitlement costs as the baby boomers begin to access Social Security and Medicare. One way or another, we must find a way to expand total economic production simply to cope with the carrying costs.

More generally, the United States under Barack Obama may be taking a hatchet to a pillar of the American social contract, which is that Americans should be free of encumbrance in their pursuit of private wealth. The pursuit of prosperity made America the most prosperous nation on earth. The excessive pursuit of fairness at the expense of wealth creation will not make America fairer. It will, however, make America poorer—and less free.

commentarymagazine.com



To: Brumar89 who wrote (72396)6/14/2009 3:35:08 AM
From: Sully-1 Recommendation  Read Replies (1) | Respond to of 90947
 
Dead To Rights

By INVESTOR'S BUSINESS DAILY
Posted Friday, June 12, 2009 4:20 PM PT

War On Terror: Six years ago, our political cartoonist Michael Ramirez, while working for another newspaper, drew a U.S. soldier reading a jihadist his Miranda rights. It was funny then. We're not laughing now.


It seemed absurd: A terrorist being told that he had "the right to remain silent . . ." as he was captured on the battlefield. Surely that would never happen. But now a U.S. congressman believes it's happening in Afghanistan, likely by order of the Justice Department.

Rep. Mike Rogers, a Michigan Republican and credible veteran of the Army and FBI, says that he has watched the Mirandizing of terrorist suspects. If so, the practice severely handicaps this country's effort to wipe out terrorism.

The Miranda warning is based on the Constitution's Fifth Amendment, which guarantees criminal suspects the right to not self-incriminate, or testify against themselves, as well as the right to an attorney who can be present during questioning.

Less than three months ago, President Obama clearly staked out his position on Mirandizing terrorist detainees.

"Do these folks deserve Miranda rights?" he asked CBS' Steve Kroft during a March 22 "60 Minutes" interview. "Do they deserve to be treated like a shoplifter down the block? Of course not."

When pressed about speculation that the administration has made a significant policy shift on Mirandizing suspected terrorists, White House Press Secretary Robert Gibbs was coy, saying he had "no reason to disbelieve a member of Congress."

Asked on a follow-up question if it would be "a surprise at the White House" if the Mirandizing was taking place, Gibbs said: "It's not a surprise to me."

That's an unmistakable admission that the administration has, in fact, changed course and is now treating terrorism as it would domestic crime. Now it's just a nuisance, reduced, as Sen. John Kerry was hoping for in 2004, to an offense that has to be endured like prostitution and gambling.

And here we thought it was about life, death and the preservation of America and Western civilization.

If Rogers is right, forget waterboarding. A Mirandized terrorism detainee cannot even be interrogated. A hostile combatant who might have information that can save lives on a foreign battlefield or in an American city has the option, one he is sure to take, to just remain silent — that is, until he begins to taunt his interrogators while his lawyer is present.

What if Khalid Sheikh Mohammed had been Mirandized rather than waterboarded? He reportedly told his captors that "I'll talk to you guys after I get to New York and see my lawyer." But instead of huddling with an attorney, he rode the waterboard and gave up information that saved American lives.

With conditions in Afghanistan deteriorating to the point that Gen. David Petraeus sees "difficult times ahead," American soldiers don't need to be playing policeman. They and others fighting in the war on terrorism have more pressing needs to attend to on the battlefield than reading Miranda rights.

While the U.S. justice system is effective in dealing with domestic crime, it is not sufficient for foreign enemies who want to slaughter on a mass scale. When we give them rights, we put lives at risk.


ibdeditorials.com



To: Brumar89 who wrote (72396)6/18/2009 12:13:06 PM
From: Sully-  Respond to of 90947
 
When Detainees Get Rights They Don't Deserve

Michael Barone
The Washington Examiner

It shouldn't come as a complete surprise that, as Stephen Hayes reported in The Weekly Standard, detainees in Afghanistan are now being advised of their Miranda rights by American interrogators — that they have a right to be silent, a right to a lawyer, a right to have that lawyer paid for, etc. This is, after all, a logical extension of Bush administration critics' insistence that such detainees — though unlawful combatants under the Geneva Conventions — must be given every jot and tittle of the rights civilian Americans enjoy on American soil.

It's nonetheless news, if only because Barack Obama on the campaign trail said that "of course" they would not get Miranda warnings. Now, "of course" seems to have been subordinated to the higher principle of "yes, we can."

This is in line with the Obama administration's "global justice initiative," which elevates the role of the FBI and the Justice Department in global anti-terrorism operations. In its pursuit of the future, the administration is going back to 1990s policies of treating terrorism as a matter of solely criminal law and not seeking to go on the offensive against those who hate our civilization and want to do us great harm.

But this is not just a matter of one administration changing the policies of its predecessor. The extension of Miranda rights is also a symptom of two larger maladies that threaten to harm the body public.

The first of these resides in the culture of military law. Hayes' story is based on the eyewitness testimony of Rep. Mike Rogers, R-Mich., a former FBI agent and a member of the House Intelligence Committee, who actually saw Miranda rights being administered in Afghanistan. But Rogers has said he witnessed this as early as last July, when George W. Bush was still president, though the practice seems far more widespread now. We can't blame it all on Obama.

Some of the blame belongs to our plethora of military lawyers.
Jack Goldsmith, in his book "The Terror Presidency," which was marketed as a critique of the Bush administration in which Goldsmith served, also lamented our "over-lawyered war."

"Never in the history of the United States," he wrote, "had lawyers had such extraordinary influence over war policy as they did after 9-11." There are, he pointed out, 10,000 lawyers in the Pentagon.

That's probably not something Franklin Roosevelt had in mind when he ordered it built in 1942.

From what I can gather, military lawyers are less inclined to tell our military personnel what they can do than to tell them what they can't. Even routine military initiatives must be approved by lawyers.
And they seem inclined, as one can gather from the attitudes of Sen. Lindsey Graham, R-S.C., who is a longtime military lawyer reservist, to a maximalist interpretation of detainee rights. This was a problem before Obama's liberals entered the Justice Department, and it will be one after they leave.

The other problem is what I call the sloppy over-generosity of the American people. Except when aroused and alert, we have a tendency to be fat, dumb and happy, and to want to spread that happiness around. So, hey, let's give these detainees more rights than they're entitled to under the Geneva Conventions. It'll make us feel generous, and maybe it will make them like us.

The problem with such an attitude, which is not limited to the left end of the political spectrum, is that the Geneva Conventions are not strengthened but rather are undermined by extending their protections to people who are not entitled to them. Geneva treats unlawful combatants — those not in uniform or in an organized military force — worse than it does uniformed soldiers because it seeks to establish a clear dividing line between soldiers and civilians, to give limited rights to the former and to protect the latter. If you shield unlawful combatants from interrogation, you create an incentive for others to fight unlawfully and so are creating greater risks for civilians.

Of course, as Obama said, it is ridiculous to administer Miranda warnings to unlawful combatant detainees in Afghanistan. And it seems obvious that if we revert to treating terrorism as a matter for primarily criminal law, we risk opening ourselves to another Sept. 11-type attack, or worse. But the problem is not just in the Obama administration — it is in our military establishment and ourselves.


Michael Barone is senior political analyst for The Washington Examiner. To find out more about Michael Barone, and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.

COPYRIGHT 2009 THE WASHINGTON EXAMINER

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