George Will explains what shouldn’t – but, alas, what nevertheless does – need explaining: “The Constitution doesn’t make an exception for misusing police powers.” Two slices:
In 2022, Amy Hadley, a mother in South Bend, Indiana, returned to find her home surrounded by police. They were neither in hot pursuit of anyone, nor did they believe they confronted a hostage situation. An officer’s mistaken belief was that a fugitive was active on social media from inside Hadley’s house.
According to court papers, after many commands were shouted by bullhorn at the house (Hadley wasn’t home), the officers fired tear gas grenades through the windows, entered wearing gas masks, punched holes in walls, overturned furniture, and ripped off paneling and wall fixtures, from basement to attic. The gas permeated everything porous.
The fugitive, who was never in the house, was arrested four days later. Hadley and her children slept in her car and elsewhere until the home was habitable. The more than $16,000 of damages was only partially covered by insurance. Government paid nothing because some federal appellate courts recognize (and others do not) a police-power exception to the Fifth Amendment’s takings clause.
It says private property shall not be “taken for public use, without just compensation.” Damaging property while trying to apprehend a suspected criminal is a public use, and the takings clause contains no police-power exception to the requirement of compensation.
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For the Institute for Justice, which is representing the plaintiffs in all these five cases, business is depressingly brisk. A 2015 report found that between 1980 and that year, uses of SWAT teams soared from 3,000 per year to 80,000. The militarization of law enforcement has been dramatized by Immigration and Customs Enforcement agents operating with too little training and too much testosterone. The Institute for Justice hopes that the Supreme Court’s textualists will eventually acknowledge the absence of a police-power exception in the takings clause’s text.
GMU Econ alum Romina Boccia, writing in the Washington Post, reveals what’s wrong with Pres. Trump’s new proposal for Americans’ retirement savings. A slice:
The proposed accounts also ignore the data on how people save for retirement. Low-income workers who live paycheck to paycheck cannot afford to lock funds away for decades.
Automatically enrolling lower-income workers in a retirement fund can create more problems than it solves. They are more likely to offset default retirement contributions by taking on debt or withdrawing money early and paying tax penalties. According to Vanguard, 6 percent of workers took hardship withdrawals from the 401(k) plans it administered last year. Households at the lowest income level have the highest early withdrawal rates, with penalties accounting for 43 percent of all taxes paid by individuals with adjusted gross incomes below $5,000.
If policymakers want to help those Trump called “often forgotten American workers” when he announced his proposal, they should focus on simplicity and flexibility. Tax-advantaged universal savings accounts, without withdrawal restrictions or government matching, would do much more to help these families. And all without increasing federal spending.
GMU Econ alum Daniel Smith is au courant on a little-known but instructive Greek economic tragedy.
Pat Lynch isn’t misled by the false allure of the “abundanauts.” A slice:
More recent research agendas, such as “nudging,” fit into this same category, as men of system try to correct “errors” in the way people think and act. Relying on recent developments in behavioral economics, Cass Sunstein and Richard Thaler have argued that choice should be taken out of the hands of individuals and given to the wise professors and researchers who know better.
Whether one is nudging, moving people around on a chessboard, or trying to “optimize” more efficiently than markets, all of these people are men of system. They wish to impose their own vision on society and the individuals who live in it. Some, like [Ezra] Klein and [Derek] Thompson, openly admit that markets freed from burdensome regulations and limits will produce abundant goods at very low costs, but they cannot simply stop there. Instead, they require large planning boards and programs to abscond with that wealth and redistribute it in ways that reflect their preferences, not the preferences of individuals engaged in voluntary exchanges.
The Abundance Agenda, such as it is, reflects the need of intellectuals to manage the lives of others, not accept the lives that normal people wish to lead. Average people would love abundance, along with the cheaper and more abundant goods and services that would be created. But to allow that and then expand the regulatory power of the state’s fiscal redistribution defeats the entire purpose. Absolutely, let abundance happen. But we already have an agenda for it: it’s called freedom and responsibility.
Eric Boehm decries Commerce secretary Howard Lutnick’s hypocritical hostility to globalization. A slice:
The first year of the second Trump administration has been defined by an economic and foreign policy that treats the movement of people and goods around the globe as not merely suspect but actively harmful to Americans’ well-being.
In January, Commerce Secretary Howard Lutnick set the bar for demonstrating how bizarre—and wrong—that logic is. While addressing the World Economic Forum’s annual gathering in Davos, Switzerland, Lutnick declared that the decades-long project of economic liberalism had been, in fact, a terrible mistake.
“The Trump administration and I are here to make a very clear point: Globalization has failed the West and the United States of America,” Lutnick said. “It has left America behind.”
Has it? It’s difficult to square that conclusion with Lutnick’s own life. His grandfather ran a dry cleaning business in the Bronx. His father was a history professor. Lutnick became the CEO of a New York–based investment bank, Cantor Fitzgerald, in 1990 and is now a billionaire (and a senior official in the federal government to boot). If that’s a trajectory that suggests failure, we should all hope to be so unlucky.
The idea that globalization has failed America is equally incompatible with the facts. The most blunt way to measure a country’s prosperity is by looking at gross domestic product per capita, which measures economic output per person. In 1990, when Lutnick took over at Cantor Fitzgerald, America’s GDP per capita was about $40,000 (in inflation-adjusted terms). Last year, after three and a half decades largely defined by the globalization that Lutnick now derides, the U.S tallied a per capita GDP of more than $70,000. In real terms, America is far wealthier today.
But workers aren’t paid with increasing GDP stats, as the illiberal right likes to point out. The good news, however, is that wages have also climbed considerably. Average hourly wages have increased from about $20 to over $36 in the past 20 years. The number of households earning over $100,000 annually (adjusted for inflation) has tripled in the past 50 years, while the number of those earning less than $35,000 has declined.
Clark Packard and Chad Smitson report on a new paper that confirms what economic theory predicts: China’s trade surplus is not caused by clever industrial policy that increases that country’s exports as it decreases its imports. A slice:
In light of comments filed by Cato’s Scott Lincicome and Chad Smitson in response to USTR’s Section 301 investigations, the new NBER working paper carries an important message: trade balances do not tell the whole story. The administration is attempting to assess foreign economies using broad, national-level macroeconomic indicators such as trade surpluses and excess capacity. However, as the authors of this paper have explored, these metrics are shaped by structural domestic forces—demographics, financial repression, and weak household demand—that tariffs cannot address.
The Editorial Board of the Wall Street Journal reports on “Virginia’s race to the Gerrymander bottom.” Two slices:
Trump’s redistricting gambit backfires as Democrats rig districts in states they run.
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The nationwide gerrymander upshot is that Republicans are likely to break even on new seats at best and could end up losing on net if the building Democratic wave ends up hitting ballot boxes in November. Democrats now have a six point edge in the “generic” test of which party they want to represent them in Congress.
The main accomplishment of this gerrymander free-for-all will be to further polarize the U.S. House. The number of competitive seats in the general election will shrink. Party primaries will increasingly be the only real competition, and that will drive candidates to court the most partisan voters. The result will be more fools and posers like Marjorie Taylor Greene and Jasmine Crockett in Congress.
Here’s the abstract of a new paper by my old friend Roger Koppl:
Standard economic models assume a common event space shared by all agents and the observing economist. This assumption is present in Aumann’s (1976) agreement theorem and in related work on expected utility, bounded rationality (Simon 1955), ambiguity (Gilboa and Schmeidler 1989), and unawareness (Dekel et al. 1998). It is ubiquitous. This paper argues that event spaces are often subjective, evolving, and incommensurable across agents and that assuming otherwise can obscure important economic phenomena. Recognizing subjective event spaces has concrete implications for economic analysis. It yields a principled case for institutions that sustain viewpoint diversity, illuminates the epistemic risks of monopoly expertise and the mechanisms of expert failure, undermines the confidence of paternalist interventions grounded in behavioral economics, and clarifies the long-standing difficulty of central planning and industrial policy.
Paul Mueller, Lydia Mashburn Newman, and Pete Earle discuss the 2008 financial crisis.