Archive for the ‘Federal government’ Category

Fair Share

Wednesday, September 21st, 2011

There’s a lot of talk nowadays about people paying their “fair share” of taxes.

The chart below shows two groups’ share of the nation’s income and share of the nation’s Federal income taxes for 2008. The original data source is the IRS.

Share of income and federal income taxes

Question 1: Which group in this chart pays more than their fair share and which pays less?

Now don’t change your answers. Group A is the bottom 50% of income earners in the country. They earn 13% of the country’s income but pay only 3% of the federal income taxes. Group B is the top 1% of income earners in the country (”the rich”). They alone foot nearly 40% of the total income tax bill for the country:

1% of Americans pay 40% of the income taxes.

And, they earn 20% of the income. Which group gets preferential tax treatment?

Labeled share of income and income taxes

Question 2: If Group B pays more than its fair share, why is it that Obama claims that the top 1% is paying less than its fair share?

Presumably the American value is equal opportunity. That value is consistent with our idea of one person, one vote, and the premise for the American Revolution – that all men (people) are created equal. It is in fact not only the basis of institutions and laws such as the Equal Employment Opportunity Commission and Equal Credit Opportunity Act, but also of course their namesakes.

That said, the goal of liberals in general and Obama’s tax policy specifically would appear to be equality of result. The basis for such a goal would seem to be lacking. There is not an Equal Income Commission nor an Equal Net Worth Act – and for good reason. By what legal authority can a person or a government commandeer the product of a free individual’s work and life or otherwise limit an individual’s productivity merely in order to deliver equality of result? It would seem categorically impossible to enact any such law without trampling basic individual rights. An individual subject to such a law would either be a victim of theft or some sort of government mandated slavery. Setting aside the ideas of individual freedom and what’s right and wrong, on a practical means-to-an-end level, it’s difficult to imagine how such policy would not relegate us to a world where the achievers choose not to achieve. Given the choice of working without remuneration or not working, clearly many would choose the latter. The consequence of that would seem to be fairly undesirable.

If it wasn’t already, it’s now abundantly clear that Obama and other liberals want to require Americans to live in a world where they alone have the power to dictate, “From each according to his ability, to each according to his need.” The problem is the world already had the opportunity to live that way. We chose not to. We told Karl Marx to go pound sand. We should tell Obama and the rest of them to do the same.

Obama Pay Freeze?

Monday, December 6th, 2010

Obama announced a Federal pay freeze last week. Did Mr. Big Government change his stripes?

Federal pay freeze plan wouldn’t stop raises
FederalTimes.com
12/6/10

federaltimes

President Obama spoke of the need for sacrifice last week when he announced a two-year pay freeze for federal employees.

But feds won’t be too terribly deprived in 2011 and 2012. Despite the freeze, some 1.1 million employees will receive more than $2.5 billion in raises during that period.

Congress is expected to approve Obama’s proposal, which cancels only cost-of-living adjustments for two years. Regularly scheduled step increases for the 1.4 million General Schedule employees — who make up two-thirds of the civilian work force — will continue. The size of those increases ranges from 2.6 percent to 3.3 percent and by law kick in every one, two or three years, depending on an employee’s time in grade.

For more, read full article.

Obama Doubles Number of Fed Employees Taking $150,000

Wednesday, November 10th, 2010

From USA Today:

More federal workers’ pay tops $150,000

The number of federal workers earning $150,000 or more a year has soared tenfold in the past five years and doubled since President Obama took office, a USA TODAY analysis finds.

The fast-growing pay of federal employees has captured the attention of fiscally conservative Republicans who won control of the U.S. House of Representatives in last week’s elections. Already, some lawmakers are planning to use the lame-duck session that starts Monday to challenge the president’s plan to give a 1.4% across-the-board pay raise to 2.1 million federal workers.

FEDERAL WORKERS: Earning double their private counterparts

Rep. Jason Chaffetz, R-Utah, who will head the panel overseeing federal pay, says he wants a pay freeze and prefers a 10% pay cut. “It’s stunning when you see what’s happened to federal compensation,” he says. “Every metric shows we’re heading in the wrong direction.”

fedpaygraphNational Treasury Employees Union President Colleen Kelley counters that the proposed raise “is a modest amount and should be implemented” to help make salaries more comparable with those in the private sector.

Federal salaries have grown robustly in recent years, according to a USA TODAY analysis of Office of Personnel Management data. Key findings:

• Government-wide raises. Top-paid staff have increased in every department and agency. The Defense Department had nine civilians earning $170,000 or more in 2005, 214 when Obama took office and 994 in June.

• Long-time workers thrive. The biggest pay hikes have gone to employees who have been with the government for 15 to 24 years. Since 2005, average salaries for this group climbed 25% compared with a 9% inflation rate.

• Physicians rewarded. Medical doctors at veterans hospitals, prisons and elsewhere earn an average of $179,500, up from $111,000 in 2005.

Federal workers earning $150,000 or more make up 3.9% of the workforce, up from 0.4% in 2005.

Since 2000, federal pay and benefits have increased 3% annually above inflation compared with 0.8% for private workers, according to the Bureau of Economic Analysis. Members of Congress earn $174,000, up from $141,300 in 2000, an increase below the rate of inflation.

Jessica Klement, government affairs director at the Federal Managers Association, says the government’s official pay analysis shows that federal workers earn less than private workers for comparable jobs. Still, she says, managers are willing to give up next year’s raise: “If it will help the country bounce back, they’re willing to make the sacrifice.”

Obamanomics: No Price is too High, No Right too Holy

Tuesday, September 28th, 2010

GM’s Next Bankruptcy

By Jim Anderson, Silicon Valley Bank

We enjoyed the General Motor’s TV ads last April when CEO Edward Whitacre proclaimed they had repaid 100 percent of the debt to taxpayers ahead of schedule. This glorious achievement of modern industrial policy was even trumpeted from the White House as Press Secretary Robert Gibbs tweeted, “GM pays back US $6.7 billion used to save jobs…5 years ahead of schedule.”

Later it was determined that the debt repayment was accomplished not with cash flow from operations, but by drawing down additional TARP funds according to TARP administrator Neil Barosky. It was disappointing that GM still had such little respect for the intelligence of the taxpayers who are, after all, potential customers.

In a bankruptcy process that would have made Hugo Chavez proud, the administration’s political supporters at the UAW were granted 17.5 percent of the equity. The Canadian government received 11.7 percent and the Feds took control of 61 percent. The hapless bondholders who actually had the legal claim to the assets were left out of the negotiations and picked up the residual 9.8 percent. When the dust settled GM had $23.5 billion in cash and only $5.3 billion in long-term debt.

We suppose the turnaround is pretty remarkable as the company served up a six-month profit of $2.2 billion on sales of $64 billion. Management did have the benefit of walking away from $46 billion in debt obligations. In essence, they received some $60 billion in operating assets without ever having to pay for them. Sweet deal. A brief review of the S-1 filing revealed, however, some obligations that were preserved at 100 cents on the dollar, notably the pension obligation to the UAW which is still accreting now up to $26 billion. The marked drop in “Other post retirement benefits” from $29 billion to $8.6 billion is the healthcare benefits that were swapped for the aforementioned 17.5 percent ownership position of a UAW Trust.*

In July, a colleague sent us this headline,”GM buys subprime lender for $3.5 billion.” As part of the deal, GMAC, its old finance arm, was separated and rescued with $17 billion of taxpayer funds. The Feds now own 56 percent and about $10 billion in preferred stock. Renamed Ally Bank, the new GMAC provides car financing for Chrysler and GM, but tends to set credit standards above subprime as they work through massive losses from old-GM car customers and old-GMAC’s foray into the subprime mortgage business. Hence, GM’s need for the taxpayers to buy them a new, captive subprime car lender for the new GM. As they say, your tax dollars at work.

With the banks largely paying back their TARP funds with interest and the government taking gains on the warrants, speculation has turned to the denouement of the takeover of most of the U.S. auto sector. Much of the analysis has been prompted by GM’s pending IPO. Although there has not been a complete accounting for $110 billion of tax dollars committed to the sector which included Chrysler, GM, GMAC, their various suppliers and $7.5 billion to subsidized the development of “green automobiles,” the hope is that some of this will be returned now that the “recession is over.”

In order to recover the $52 billion invested to save GM and the UAW, the IPO shares would need to fetch $134 each according to the Wall Street Journal. The deal, which is expected to come to market in November, is not priced yet, but we suspect that $134 is well above the high end of any range.

Using Ford as a proxy as it is only slightly larger than GM, ($133 billion in sales versus $129 billion), and more profitable, (EBIT of $8.6 billion compared to $5.8 billion at GM), we can get some idea of what is in store for our investment. Ford has a market capitalization of $43 billion or 5 times EBIT. That implies that GM might be worth as much as $29 billion. So our $52 billion to buy 61 percent ownership would round out to $18 billion or a loss of a cool $34 billion. But then we did preserve 96,000 jobs albeit, in my opinion, at uncompetitive and unsustainable wages and benefits. This brings us to our last point.

At GM the seeds of the next bankruptcy and bailout are already germinating. (Recall that for Chrysler this is the second go thanks to the largess of taxpayers.) When the bailout deal was cut the United Auto Workers crowed that, “For our active members these tentative changes mean no loss in your hourly base, no reduction in your healthcare, and no reduction in pensions.” Once GM is public and if profits continue, we will find out how tentative the union concessions really were.

* General Motors, Form S-1 Registration Statement, August 18, 2010.

Fannie and Freddie Who?

Tuesday, May 11th, 2010

What to say about this? Subprime victims. Innocent real estate brokers and their avarice, unscrupulous mortgage brokers and Flip This House fans. Fannie and Freddie laying low while creating hundreds of billions of losses to come. The president of the United States assigning blame, judging, and sentencing as he incites and leads class warfare… on national television… daily. Reaching across the aisle. For what?

Obama Edits Declaration of Independence

Thursday, May 6th, 2010

Obama:
I’m not a socialist.
I’m not a fascist.
I do think at a certain point you’ve made enough money.

It would appear that Obama plans to rewrite the Declaration of Independence:

We hold these truths to be self-evident, that all men are created equal BUT SOME MORE EQUAL THAN OTHERS AS DETERMINED BY BARACK OBAMA, that they are endowed by their creator with certain unalienable Rights, UNLESS MADE ALIENABLE BY BARACK OBAMA, that among these are Life, Liberty EXCEPT IF FOR LIBERTY RELATED TO WEALTH, PROPERTY AND THE PRODUCT OF ONES DAYS (AND HEALTH CARE AND HEALTH INSURANCE) , and the pursuit of Happiness EXCEPT AS MAY BE LIMITED BY THE FOREGOING.

Prosecuting John Galt

Tuesday, May 4th, 2010

This is another from Silicon Valley Bank’s SVB Financial Group. I wonder what Paulson & Co is shorting now.

FULL ARTICLE:

A Nation of Losers?
By Jim Anderson, Silicon Valley Bank

We have no idea whether Goldman Sachs did anything illegal or not. We suspect that these charges will fade away once their political usefulness has evaporated. They will pay a meaningful fine “without admitting or denying any wrongdoing” as is the common practice in these situations.

The politics behind the case, if any, remain inscrutable, but conspiracy aficionados are pointing to the odd timing at a critical juncture in the financial regulations debate and the first-time-ever, 100-percent partisan split vote by the SEC board to bring the case forward. A few days after the unrepentant Goldman executives calmly displayed their extraordinary IQs in the face of numerous profanity-laced senatorial tirades, rumors of criminal charges were leaked to the press. The unfortunate timing put a dent in the government’s claim of independence from political expediency.

At this point what happens in federal court is secondary. The real action is in the court of public opinion where Goldman, a long-time supporter of the Obama administration and a serial source of Treasury secretaries for many administrations, is being tried for “betting against the American economy.” More specifically, after years of facilitating government housing policy by securitizing Fannie Mae and Freddie Mac inspired subprime and Alt-A mortgages, Goldman reacted to that market backing up and began to manage its own risk aggressively. So their real crime was betting against the probability that poorly underwritten mortgage loans granted to unqualified borrowers would get repaid on schedule.

Just in case you’ve recently return from ski trip in Antarctica, the case revolves around a synthetic collateralized debt obligation (CDO Abacus 2007-AC1). The presentation material on Abacus 2007-AC1 contained nine pages of disclosures, disclaimers and risk factors. Goldman constructed this CDO to satisfy the requirements of two groups of investors. One group, Paulson & Co., was looking for a way to short bonds backed by subprime mortgages. The others were looking for increased exposure to the U.S. housing market.

Please note that a synthetic CDO does not actually contain any mortgages or bonds. It only references other mortgage bonds and the returns to investors reflect the performance of those referenced bonds. Think of it as playing fantasy baseball where your team of players does not actually exist. The success of your team depends on the performance of your reference players every day.

The bonds referenced in Abacus 2007-AC1 were all rated AAA by Moody’s and S&P and the returns looked attractive for that risk profile. So IKB and ABN AMRO invested. ABN AMRO, a sophisticated Dutch bank, lost $841 million. IKB Deutsche Industriebank, a small regional middle-market lender in Germany, had created a subsidiary called Rhinebridge specifically to invest in U.S. subprime mortgages. They lost $150 million on Abacus 2007-AC1 and much more on other subprime plays. The bank became the subject of a ?5 billion rescue and was the first subprime-related bank failure. On the other side of this side bet, Paulson & Co. made a $1 billion profit.

And, oh yes, Goldman lost a cool $100 million of their own money on Abacus. Then they started hedging aggressively, but it was too late. Total losses for the firm during the crisis were $9.1 billion, all of which was replaced by new equity raised in the private markets before the TARP program existed. Shouldn’t we be applauding the fact that Goldman was smart enough to see the emerging risks and take corrective action saving the taxpayers the obligation to breathe life into yet another zombie bank?

Under the moral construct currently in vogue in Congress, if Goldman Sachs is to be castigated as a villain for working to hedge their subprime risk once it became apparent, then what are we to think of Wachovia and Washington Mutual? After all, they lost a combined $107 billion supporting the government’s program to expand homeownership for low-income families. To recall the famous admonition of House Financial Services Committee Chairman Barney Frank in September 2003, Wachovia and WaMu were “rolling the dice a little bit more in this situation towards subsidized housing.” Should we think of Wachovia and WaMu as heroes for selflessly sacrificing their shareholders and bondholders to support a misguided government policy?

There are a couple conclusions we can take away from these events. First, the good senators working on reforming our financial system are struggling mightily with little apparent success to build some meaningful understanding of that system. Second, if the U.S. government had a risk management function as well developed as Goldman Sachs’, they may never have “rolled the dice” in the first place.

According to estimates by former Fannie Chief Credit Officer Edward Pinto, the low-income housing policy drove Fan and Fred to promote the underwriting and acquisition of more than $2.7 trillion in dodgy mortgages. Where would we be today if Fannie and Freddie had rejected the strategy of their congressional overseers as unacceptably risky? Maybe if we could retain Chester Paulson of Paulson & Co. as an advisor to give us some guidance on mitigating future systemic risk resulting from massive government intervention in the financial markets.

Finally, if Goldman is the villain for doing the smart thing are we now as a nation on the side of the incompetent — the losers?

The Unreported Story of Freddie and Fannie

Tuesday, April 6th, 2010

This is from Silicon Valley Bank’s SVB Financial Group. It’s disturbing – almost as disturbing as the fact that it goes unreported. Of course, that fact is itself only a shadow of the horror of the reality that our country is too engaged in class warfare (i.e. blaming Wall Street) to even bother taking notice.

FULL ARTICLE:

March Mortgage Madness
By Jim Anderson, Silicon Valley Bank

When asked at a recent economic summit at Stanford if the administration would begin to tackle the problem of mortgage behemoths Fannie Mae and Freddie Mac, Director of the Obama Administration’s National Economic Council Larry Summers explained that, “(T)hese are not profit making entities.” He went on to say that any effort to make significant changes in the next few years would be “highly problematic” for the housing market and the economy in general.

Recall that Fannie and Freddie were the original source of the sub-prime mortgage concept that evolved into the global financial conflagration. Today they own or guarantee $5.3 trillion or about 50 percent of all the existing mortgages in the U.S. More importantly, about 90 percent of all mortgage originations in the U.S. will pass into the hands of these two companies. They remain the largest recipients of bailout cash — the limit of $400 billion in taxpayer support that was committed when they went into conservatorship in September 2008 was lifted last year by Treasury Secretary Geithner.

Part of the problem in the housing market today is that the only source of financing are these two congressional creations and they are in deep financial trouble. Mismanaged for years, with any meaningful oversight effectively blocked by the House Financial Services Committee currently chaired by Barney Frank, today they carry the extreme profiles of risk-taking excess that has so often been laid at the feet of Wall Street firms. Freddie Mac has total assets of $841 billion with shareholders equity of $4.4 billion. That is leverage of 191 times — a level that Lehman’s outcast CEO, Dick Fuld, could only dream about. Fannie Mae is even better. They have total assets of $869 billion and a negative net worth of $15 billion. To capitalize these two properly would require an additional infusion of $216 billion from taxpayers.

So how does all this play out in the real world? I know of one unfortunate couple that is trying to refinance their first mortgage. The loan-to-value is about 39 percent. The credit scores of the joint mortgagees are both above 800. The total mortgage amount is less than twice their combined annual income exclusive of bonuses. They have liquid assets sufficient to pay off the entire mortgage tomorrow and they have no other indebtedness. They dutifully filled out a detailed application at Bank of America in January. What followed was a blizzard of 46 emails requesting additional documentation and proof of everything on the application. After 90 days and delivering over 100 pages of background material, the couple asked in frustration, “Who needs all this information?” BofA’s equally frustrated representative explained that it intends to sell the mortgage once it is closed and that the investor needed all the details. The obvious next question was, “Who is the investor?” Answer: Fannie Mae.

So how does their experience dovetail with the constant stream of headlines about mortgage activity? Here is a sample from the last week or so:

Mortgage Assistance for Unemployed Announced: The Obama administration today announced new measures to provide mortgage assistance for unemployed homeowners and encourage lenders to reduce principal on “underwater” mortgages when modifying loans for at-risk borrowers. — MortgageLoan.com

Bank of America to Write Off Principal on Some Mortgages: Bank of America (BofA) will forgive up to 30 percent of the balance owed on certain at-risk mortgages as part of its loan modification efforts to assist homeowners in avoiding foreclosure. — MortgageLoan.com

Chase Agrees to Modify Second Liens: JP Morgan Chase has become the third major lender to announce it will modify second-lien mortgages under the Obama Administration’s Home Affordable Modification Program (HAMP) — MortgageLoan.com

Half of U.S. Home Loan Modifications Default Again: More than half of U.S. borrowers who received loan modifications on delinquent mortgages defaulted again after nine months, according to a federal report. — Bloomberg

FBI Storms Loan Modification Company: State and federal agents raided the largest loan modification company in Arizona on Thursday. — Loan Modification News

[NOTE: Paragraph deleted.]

We find it disturbing that with all the calls for new, more politically-oriented oversight of the financial services industry, Congress has failed to address their own handiwork. Of the entire federal bailout program, Fannie and Freddie dwarf the combined total cost for the rest of the economy. According to CBO numbers, AIG is expected to have a final net cost of $9 billion, and the whole banking sector less than $30 billion. The other main components of the $99 billion in estimated principal losses from the $700 billion TARP program are $20 billion for mortgage modifications and $48 billion to bailout the United Auto Workers union through the good auspices of General Motors, Chrysler and their suppliers.

This brings up two core questions: Is there a private mortgage market in the U.S? And do we need one? The answer to the first query, as we have demonstrated, is no. The mortgage market in the U.S. is currently controlled by Congress and the Obama Administration. We think the answer to the second is a resounding yes. Until Fannie and Freddie get wound down, we will not have rational pricing or rational origination in mortgages.

Today there is no relationship between risk and return. The best, most concessionary terms go to the highest risks. Private investors will never be attracted to that profile, except with taxpayer guarantees which one day will reach a limit. Private mortgage originators, absent those guarantees, will never be able to compete. The ultimate irony is that the burden of the housing collapse on U.S. households and the accelerating foreclosure problem that the administration constantly worries about is being exacerbated by their own feckless policies. Until those underwater assets are properly priced, sold and put to use by economically viable owners, the property market will not be on the road to recovery.

Finally, the Answer?

Sunday, March 21st, 2010

Why have our nation’s health care costs skyrocketed over the past several decades? Is it the 5% profit margins of the evil insurance companies? Is it a demographic shift? Obesity? Malpractice awards and insurance? Defensive medicine? Fraud? Lack of competition or a “public option”?

From the grave, through the Wall Street Journal, Milton Friedman makes a strong case as to the real cause. I pasted in the article below.

This is insightful stuff. The point would seem to me that basically there is something much less than a free market for health insurance. Think about it. Have you ever researched your health insurance before purchasing? How many providers did you consider? What are the key features or decision criteria you used in selecting your health insurance plan? Perhaps more importantly, how did you decide how many dollars of coverage to pay for or which health risks to insure?

With only immaterial exceptions, health insurance policy holders are buyers of neither health care nor even health insurance. They take what’s offered, subsidized, or even outright given to them by their employer. In America, the actual buyer of health insurance is neither the buyer or consumer of health care. That’s a huge problem – we’re living that problem now. The next stop is Obamacare.

Until I read Friedman’s article, it didn’t occur to me that moral hazard isn’t really the problem. It’s seems more accurately to be moral hazard on crack and steroids when it comes to health care in America. The reason is our employer-based health insurance system and the employer premium subsidies that aggravate that problem.

Think about it: Americans in a way are already getting “free” health care – through their employers. When a good or service has value and no price, demand will always outpace supply. “No price” means one thing when the consumer must decide whether to just be safe and get that MRI or to save the money and not – but wait, what money would the consumer save? Obviously none. But that’s the moral hazard problem we’ve got with health insurance right? Wrong. The consumer doesn’t even decide to pay less for a less generous health insurance plan. They’re given the plan by the employer – one size fits all (or a few sizes). Once given the all you can eat plan, why wouldn’t you eat all you can and then take some in a to-go bag?

We’ve successfully disconnected value and cost. We’ve destroyed the free market, and we’ve done it through government policy. As Friedman writes, it’s Medicare and Medicaid, but it’s also tax policy. Given the greater number of people on employer plans versus Medicare and Medicaid, maybe the tax policy is even more responsible. Whichever policy is more to blame, yet again, the government and leftists that created the problem look at what’s left of the private industry and free market they’ve handcuffed and mutilated and shout from the roof tops that we must have more government to solve the problem.

So what do you think? Am I missing something here? Have you heard this case before?

It’s mind boggling to me that our country, prosperity, and fates can be so easily brought down by obfuscation and the leadership of the likes of Barack Obama and Nancy Pelosi. If reason and intellect will not protect us and we do not demand that the Constitution does, where does that leave us?

Read below. You won’t be sorry. You must know this.

A Way Out of Soviet-Style Health Care
Solzhenitsyn’s prophetic warning about the depersonalization of medicine.

By MILTON FRIEDMAN

Editor’s note: The following is excerpted from an article with the same headline by Nobel Prize winning economist Milton Friedman that was published in the Wall Street Journal on April 17, 1996. Friedman died in 2006. A related editorial appears nearby:

In a chapter in his novel “The Cancer Ward” titled “The Old Doctor,” Alexander Solzhenitsyn compares “private medical practice” with “universal, free, public health service” through the words of an elderly physician whose practice predated 1918. . .

Mr. Solzhenitsyn himself had no personal experience on which to base his account and yet, in what I have long regarded as a striking example of creative imagination, his character presents an accurate and moving vision. The essence of that vision is the consensual relation between the patient and the physician. The patient was free to choose his physician, and the physician free to accept or reject the patient.

In Mr. Solzhenitsyn’s words, “among all these persecutions [of the old doctor] the most persistent and stringent had been directed against the fact that Doctor Oreschenkov clung stubbornly to his right to conduct a private medical practice, although this was forbidden.”

In the words of Dr. Oreschenkov in conversation with Lyudmila Afanasyevna, a longtime patient and herself a physician in the cancer ward: “In general, the family doctor is the most comforting figure in our lives. But he has been cut down and foreshortened. . . . Sometimes it’s easier to find a wife than to find a doctor nowadays who is prepared to give you as much time as you need and understands you completely, all of you.”

Lyudmila Afanasyevna: “All right, but how many of these family doctors would be needed? They just can’t be fitted into our system of universal, free, public health services.”

Dr. Oreschenkov: “Universal and public—yes, they could. Free, no.”

Lyudmila Afanasyevna: “But the fact that it is free is our greatest achievement.”

Dr. Oreschenkov: “Is it such a great achievement? What do you mean by ‘free’? The doctors don’t work without pay. It’s just that the patient doesn’t pay them, they’re paid out of the public budget. The public budget comes from these same patients. Treatment isn’t free, it’s just depersonalized. If the cost of it were left with the patient, he’d turn the ten rubles over and over in his hands. But when he really needed help he’d come to the doctor five times over. . . .

“Is it better the way it is now? You’d pay anything for careful and sympathetic attention from the doctor, but everywhere there’s a schedule, a quota the doctors have to meet; next! . . . And what do patients come for? For a certificate to be absent from work, for sick leave, for certification for invalids’ pensions: and the doctor’s job is to catch the frauds. Doctor and patient as enemies—is that medicine?”

“Depersonalized,” “doctor and patient as enemies”—those are the key phrases in the growing body of complaints about health maintenance organizations and other forms of managed care. In many managed care situations, the patient no longer regards the physician who serves him as “his” or “her” physician responsible primarily to the patient; and the physician no longer regards himself as primarily responsible to the patient. His first responsibility is to the managed care entity that hires him. He is not engaged in the kind of private medical practice that Dr. Oreschenkov valued so highly.

For the first 30 years of my life, until World War II, that kind of practice was the norm. Individuals were responsible for their own medical care. They could pay for it out-of-pocket or they could buy insurance. “Sliding scale” fees plus professional ethics assured that the poor got care. On entry to a hospital, the first question was “What’s wrong?” not “What is your insurance?” It may be that some firms provided health care as a benefit to their workers, but if so it was the exception not the rule.

The first major change in those arrangements was a byproduct of wage and price controls during World War II. Employers, pressed to find more workers under wartime boom conditions but forbidden to offer higher money wages, started adding benefits in kind to the money wage. Employer-provided medical care proved particularly popular. As something new, it was not covered by existing tax regulations, so employers treated it as exempt from withholding tax.

It took a few years before the Internal Revenue Service got around to issuing regulations requiring the cost of employer-provided medical care to be included in taxable wages. That aroused a howl of protest from employees who had come to take tax exemption for granted, and Congress responded by exempting employer- provided medical care from both the personal and the corporate income tax.

Because private expenditures on health care are not exempt from income tax, almost all employees now receive health care coverage from their employers, leading to problems of portability, third party payment and rising costs that have become increasingly serious. Of course, the cost of medical care comes out of wages, but out of before-tax rather than after-tax wages, so that the employee receives what he or she regards as a higher real wage for the same cost to the employer.

A second major change was the enactment of Medicare and Medicaid in 1965. These added another large slice of the population to those for whom medical care, though not completely “free,” thanks to deductibles and co-payments, was mostly paid by a third party, providing little incentive to economize on medical care. The resulting dramatic rise in expenditures on medical care led to the imposition of controls on both patients and suppliers of medical care in a futile attempt to hold down costs, further undermining the kind of private practice that Dr. Oreschenkov “cherished most in his work.”

The best way to restore freedom of choice to both patient and physician and to control costs would be to eliminate the tax exemption of employer-provided medical care. However, that is clearly not feasible politically. The best alternative available is to extend the tax exemption to all expenditures on medical care, whether made by the patient directly or by employers, to establish a level playing field, in terms of the currently popular cliche.

Many individuals would then find it attractive to negotiate with their employer for a higher cash wage in place of employer-financed medical care. With part or all of the higher cash wage, they could purchase an insurance policy with a very high deductible, i.e., a policy for medical catastrophes, which would be decidedly cheaper than the low-deductible policy their employer had been providing to them, and deposit all or part of the difference in a special “medical savings account” that could be drawn on only for medical purposes. Any amounts unused in a particular year could be allowed to accumulate without being subject to tax, or could be withdrawn with a tax penalty or for special purposes, as with current Individual Retirement Accounts—in effect, a medical IRA. Many employers would find it attractive to offer such an arrangement to their employees as an option. . . .

Will Government Permit the Constitution to Save Us?

Saturday, March 20th, 2010

This was great. Op-Ed from Michael McConnell in the Wall Street Journal. Of course, hadn’t heard of him, but he’s apparently a former federal judge on the U.S. Court of Appeals, and is now a law professor at Stanford University as well as the director of the Stanford Constitutional Law Center. I was heartened to find that there are still people like this in academia.

Full editorial below. Excerpt:

“No one doubts that the House can consolidate two bills in a single measure; the question is whether, having done so, it may then hive the resulting bill into two parts, treating one part as an enrolled bill ready for presidential signature and the other part as a House bill ready for senatorial consideration. That seems inconsistent with [Article I, Section 7 of the Constitution that stipulates] the president may sign only bills in the exact form that they have passed both houses.”

Will somebody actually bring this case before our senile country forgets? How will Obama, with his “all due respect for the separation of powers” react?

Full article:

The Health Vote and the Constitution—II
The House can’t approve the Senate bill in the same legislation by which it approves changes to the Senate bill.

By MICHAEL W. MCCONNELL

In just a few days the House of Representatives is expected to act on two different pieces of legislation: the Senate version of the health-care bill (the one that contains the special deals, “Cadillac” insurance plan taxes, and abortion coverage) and an amendatory bill making changes in the Senate bill. The House will likely adopt a “self-executing” rule that “deems” passage of the amendatory bill as enactment of the Senate bill, without an actual vote on the latter.

This enables the House to enact the Senate bill while appearing only to approve changes to it. The underlying Senate bill would then go to the president for signature, and the amendatory bill would go to the Senate for consideration under reconciliation procedures (meaning no filibuster).

This approach appears unconstitutional. Article I, Section 7 clearly states that bills cannot be presented to the president for signature unless they have been approved by both houses of Congress in the same form. If the House approves the Senate bill in the same legislation by which it approves changes to the Senate bill, it will fail that requirement.

Rep. Louise Slaughter (D., N.Y.), chair of the House Rules Committee and prime mover behind this approach, has released a letter from Yale Law School’s Jack Balkin asserting that a “rule which consolidates a vote on a bill and accompanying amendments, or, as in this case, a reconciliation measure and an amended bill, is within the House’s powers under Article I, Section 5, Clause 2.”

But that does not actually address the point at issue. No one doubts that the House can consolidate two bills in a single measure; the question is whether, having done so, it may then hive the resulting bill into two parts, treating one part as an enrolled bill ready for presidential signature and the other part as a House bill ready for senatorial consideration. That seems inconsistent with the principle that the president may sign only bills in the exact form that they have passed both houses. A combination of two bills is not in “the same form” as either bill separately.

Defenders of the Democratic strategy say that a self-executing rule has been used many times before by both parties. But never in this way. Most of the time a self-executing rule is used to incorporate amendments into a pending bill without actual votes on the amendments, where the bill is then subject to a final vote by the House and Senate. That usage may be a dodge around House rules, but it does not violate the Constitution. I am not aware of any instance where a self-executing rule has been used to send one bill to the president for signature and another to the Senate for consideration by means of a single vote.

Self-executing rules have also been used to increase the debt ceiling by virtue of adopting a budget resolution. That procedure is questionable, but because budget resolutions are not laws, this usage does not have the feature of using one vote to send a bill to the president and at the same time to send a different bill to the Senate. There may have been other questionable uses of self-executing rules, but not often enough or in prominent enough cases to establish a precedent that would overcome serious constitutional challenge.

Whether the courts would entertain such a challenge is a harder question. The “enrolled bill doctrine,” announced by the Supreme Court in Marshall Field v. Clark (1892), holds that the courts will not question whether a bill certified as having passed both houses of Congress was properly enacted. More recently, in United States v. Munoz-Flores (1990), in a footnote, the Supreme Court stated that Field concerned only the “evidence” the courts would consider in such a challenge and that when “a constitutional provision is implicated,” the enrolled bill doctrine would not apply. These holdings are not easy to reconcile. The D.C. Circuit, in a 1995 case, essentially said that it did not understand the Munoz-Flores footnote and thus would not follow it.

The Supreme Court might well hold that Field governs only questions of historical fact, while Munoz-Flores governs questions of constitutional interpretation. In Field, the question was what text passed the two houses of Congress; there was no doubt that only what the two houses passed could be treated as law. Here, by contrast, there will be no dispute about what occurred in the House; the question will be whether using a self-executing rule in this way is consistent with Article I, Section 7. It is one thing for the Supreme Court to defer to Congress on questions of what Congress did, and quite another to defer to Congress on the meaning of the Constitution. Indeed, in United States v. Ballin, decided the same year as Field, the Court ruled, “The Constitution empowers each House to determine its own rules of proceedings. It may not by its rules ignore constitutional restraints . . . .”

One thing is sure: To proceed in this way creates an unnecessary risk that the legislation will be invalidated for violation of Article I, Section 7. Will wavering House members want to use this procedure when there is a nontrivial probability that the courts will render their political sacrifice wasted effort? To hazard that risk, the House leadership must have a powerful motive to avoid a straightforward vote.