Sunday, March 22, 2020

An Open Letter to the President and Governors: Stop Killing Our Economy

That we face incredible challenges over the next weeks and months is obvious. Events that ensure a world-wide recession have already happened. The only questions that remain are how deep and how long will the crippling of the world’s economies be.

Since the onset of the COVID-19 crises, we have all been witness to extraordinary steps taken by the Federal government headed by the President, and by state governments headed by their Governors. Private businesses have been ordered to close normal operations. Schools have shut down. The governors of California and New York have ordered that citizens remain in their homes, except for “essential” activities. Other Governors have ordered less drastic actions, but may soon follow suit. In short, civil and commercial society is being ordered to shut down, all in the name of slowing the spread of COVID-19 and the loss of life the contagion may entail.

Put aside all talk and thinking of who to blame. Put aside all talk and thinking of violations of the civil rights of Americans. There will be time enough for such talk and thinking after America emerges from this crises. Of critical importance now — right now without a day’s delay — you, the President and Governors of every state, must think clearly about what must be done to avert absolute catastrophe.

The ordered shutdown of businesses and lockdowns of citizens must be lifted. Americans must be told that they can and should get back to work.

I know this advice is contrary to what you are being told by epidemiologists and others whose expert credentials give them voice and credibility. These people are intelligent, well-meaning. They are no doubt correct about the contagion and how to “flatten the curve.” The problem is that flattening the curve by shuttering businesses and locking down citizens has unintended consequences that will be absolutely catastrophic for American citizens.

Large modern economies are interconnected in unfathomable and incomprehensible ways. There are no “nonessential” businesses. No one, no collection of experts — regardless of intelligence and training — can know what goods and services to produce, how to produce them, or how much of them to produce. The information required to know resides in millions of individuals, each going about the business of making a living and making individual choices.

Americans must keep working at whatever they do. We must not be told to “shelter in place.” If we are not allowed by the President and the Governors of states to do so, the human misery that will follow is unthinkable.

I am unqualified by training or knowledge to predict the spread and mortality of COVID-19. But I am qualified by training and knowledge of economics and history to predict that even if the COVID-19 pandemic were as much a threat as the H1N1 pandemic was, it doesn’t matter — if we continue on the path of killing our economy and depriving individuals of the opportunity to go about their business, whatever their business is.

Now, a silly story to illustrate my claim. Surely, production and distribution of food is essential; all would agree. Therefore, we must allow farmers to produce; we must allow food processing businesses to continue to operate; we must allow truckers to carry food to market; we must allow grocery stores to remain open so that people may buy the food.

But surely we can and should require bars to close; we can and should require restaurants to close or serve only carry-out orders; we can require that computer technicians stay home; we can require auto mechanics stay home; we can require that office workers in corporate offices work from home; we can and should require that golf courses close; we can and should require that all “nonessential” activities cease. Surely we can and must, because we simply must slow the spread of COVID-19, so that fewer people will die of the comorbidities the virus will bring on.

And then the unforeseen, unconsidered linkages and interdependencies of an economy kick in.

A network technician cannot repair the digital network used by the Walmart distribution warehouse, resulting in a one day lag in deliveries to hundreds of Walmarts in a region of the country. The one day delay leads to even more panic buying from people who have every right to fear the next day. A fight breaks out in one of the affected Walmarts. Ten people are arrested and one man is so badly beaten he must be hospitalized.

The mechanic sheltering in place in California does not do a repair on a truck broken down on I-5, which results in a load of pharmaceuticals going undelivered for two days. Tens of people suffer ill effects of not getting their medication; three people die.

The nonessential office worker working from home for the ISP company, Spectrum, fails to see an email due to looking after her seven year old who is not in school. Unfortunately, the oversight causes thousands of others working from home to lose their Internet connection for eight hours. Ten of those who lost their connection also lose their streaming TV service and fail to see news warning them to take shelter in a tornado watch zone. All ten are struck by the tornado. Fortunately, only one dies.

Multiply my silly little story by literally millions of similar incidents that can be imagined without end. None of us can think of but a handful of such fanciful stories and interconnections. But any good economist knows that the unrecognized, unseen interconnections number literally in the millions of millions for any modern economy.

Mr. President and Governors of the fifty United States, please end the shutdowns and the sheltering in place orders. Instead, encourage all Americans to get back to work. Yes, the threat of COVID-19 is real. Yes, we will face risk. Millions of us might contract the virus; thousands might die. The epidemiologists do not know.

Maybe this contagion will be as bad as the N1H1 outbreak was in 2009. No one really knows. But Americans face down far worse and more deadly risks every day. By now, most of us have learned that tens of thousands of Americans will die of flu this year. About 90 Americans died yesterday on our highways. And so it goes.

Ultimately, the consequences of Americans not working and not functioning as a free society are going to be far worse than the risks posed by COVID-19.

We know that some people are at great risk of dying due to the virus. We are all concerned about protecting these people. We have learned how to do that, thanks to instruction from the good people of the world’s public health institutions. We can and must do everything to shield those people from exposure to the virus. They can be and should be sequestered, with help from us all. Regardless, some of them will contract the virus, and they will die. Reality is not always kind; it is still reality.

But we can know and must understand  that shutting down our economy and sequestering ourselves is a certain path to catastrophe. Mr. President, Governors, I beg you to save us from that catastrophe.

Friedrich A. Hayek won a Nobel Prize in economics teaching us this truth. In his words, “The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design.” He was talking about central planning of economies. Whether we recognize it or not, our experts are imagining that they can design an easier way out of the COVID-19 pandemic. They are well meaning, but they cannot.

Monday, March 9, 2020

The Election of A Lifetime

It is understatement to say that the November 2020 elections will be momentous for America. Regardless of the outcomes, about half the politically aware public will be outraged the day after the results are final. But more important, America’s future will be shaped for generations to come.

The lines of division among Americans are bright and important. Two major factions comprise American society: the "never Trump" folks, and the “thank-God-for-Trump” folks. Few Americans are indifferent. Never Trumpers despise Trump beyond all reason. Thank-God-for-Trump folks absolutely adore what he has accomplished so far, and they support what he promises to accomplish in the future.

It is also understatement to say that leaders in the Democrat Party and their rank and file core are obsessed with removing Trump from office — if not by the ballot box, by whatever other means possible. Additional impeachment attempts are not out of the question, if the Democrats hold the House and Trump is reelected.

Why are Democrats so determined to depose Trump? Is it really the case that Trump is such a despicable human being that he simply must be deposed? I have friends and colleagues who say "yes, absolutely, yes." These friends and colleagues tell me that Trump is loathsome, a racist, a liar, a hound dog, and a cheat in business who in no way deserves to be wealthy. These people will tell you that Trump is an “existential threat,” which appears to be one of their favorite expressions.

In years past, it's been popular for political pundits to say "it's the economy, stupid." My hypothesis for explaining the extreme animus of Democrat leadership and the party faithful against Trump is "it's the courts, stupid." And even more to the point, "it's abortion, stupid."

The Democrats understand completely that should Trump get to appoint even one more Justice to the Supreme Court, never mind tens of additional federal court judges, and God forbid two Justices, the future for Democrat ideological preferences will be significantly dimmer for at least 30 to 40 years, if not longer.

More to the immediate threat for Democrats, they fear that Trump’s reelection would almost guarantee the Supreme Court reconsidering Roe v. Wade. As everyone knows and agrees, the issue of abortion is important, divisive, and quite possibly irreconcilable.  

The mad-dash impeachment foisted by the Democrats was a failed attempt to forestall a potential third SCOTUS appointment before the November elections, in my opinion. With eight months to go before the November 2020 elections, even now that possibility is still not off the table. Can you imagine the turmoil and havoc that will ensue, should a SCOTUS vacancy occur during the next six months?

In my opinion, the probability is high and growing that Trump will be reelected. If he is, the future of America depends critically on whether the U.S. Senate remains in Republican control. Control of the House is less important. After all, Republicans controlled both the Senate and the House during the first two years of Trump’s first term, without delivering funding for Trump’s wall and without repealing Obamacare.

Nonetheless, should Republicans hold on to the Senate and also regain control of the House (scenario 1 below), we might see repeal of Obamacare, reforms to immigration policy, and extension of federal tax cuts passed and signed into law in 2017.

The U.S. Senate is arguably the most important and significant political institution in America. It is so because the Senate confirms Supreme Court Justices and federal court judges. And as we saw in February 2020, impeachment by the House is empty, if the Senate does not convict. The significance of Supreme Court appointments is clear enough, but federal court judge appointments are also important. As we have seen during the past three years, federal court judges can impede and hamper the President’s power of executive orders.

Decisions of the Supreme Court over the decades have utterly shaped the America we live in today, and will do so in the future. For example, the high court’s decisions concerning the Article 1, Section 8, Commerce Clause of the Constitution (Gibbons v. Ogden, 1824, and Wickard v. Filburn in 1942) had profound implications for subverting the limits of federal government power intended by the Founders.

In my opinion, it is U.S. Senate races that matter most come November, not the presidential race. Election scenarios 1, 2, 7, and 8 below are remarkable because each keeps the U.S. Senate in Republican control. Scenarios 1 and 2 are significant, because Trump remains President and the Senate remains in control of Republicans. Scenarios 1 and 2 mean the SCOTUS will become more originalist and constructionist, and federal court judges will be replaced with moderates and conservatives, instead of progressives.

But scenarios 7 and 8 are also important, because a Republican controlled Senate could and likely would seriously limit the ability of a Democrat president to nominate successfully any but moderate candidates for the Supreme Court and federal courts.

     President   Senate    House 
1.      R                 R             R
2.      R                 R             D
3.      R                 D             D
4.      R                 D             R
5.      D                 D             D
6.      D                 D             R
7.      D                 R             R
8.      D                 R             D

Everyone knows and agrees that independent voters will decide which scenario we get in November 2020. In my opinion, the decisions of Democrat leaders Pelosi, Schumer, Schiff, and Nadler have made scenarios 1 and 2 more likely outcomes of the November elections. Because independent voters have seen the depths to which Democrat leaders have been willing to sink to depose Trump, right-of-center Democrats and independents may well be in no mood to vote for Democrats, regardless of the office in question.

Democrat leaders pulled out all the stops in 2018 - 2020. The Kavanaugh confirmation debacle, the nothing-burger Mueller investigation (brought about by a nefarious FISA court warrant), followed by the failed impeachment proceedings, may well be remembered negatively by voters in November 2020.  No political actions have been beneath the Democrats, precisely because the stakes for the Supreme Court and the federal courts are so high.