This op-ed by Kansas University Law Professor and noted libertarian Stephen Ware shows how libertarians can tolerate, if not embrace, a government mandate to wear masks to help slow the spread of COVID-19. It is free to read in the Topeka Capital-Journal here.
Here is an excerpt that I believe presents the heart of the reasoning:
In that sense, a mask requirement is less like a seatbelt law designed to protect the wearer and more like a law against driving under the influence of alcohol. Many deaths have been caused by drunken drivers who did not intend to harm anyone, and many of those drivers likely did not even realize they were dangerous.
Similarly, science may be discovering that many of us endanger those around us even when we do not realize we are dangerous because we are not yet experiencing COVID-19 symptoms, although we have been infected and are contagious.
COVID-19 raises the possibility that each of us is, without knowing it, like the dangerously intoxicated person getting into the drivers’ seat.
Protecting others, not yourself, is the main reason for masking. Although, protecting others has the benefit of helping tamp down the pandemic, making it less likely that you will contract the disease in the future.
We don’t praise intoxicated drivers for “bravely” creating and accepting risk to their safety while creating a substantial risk to innocent others. In the same way, those who “bravely” venture out in public unmasked should be criticized for the unnecessary risk they present to others.
In this episode of WichitaLiberty.TV: Professor Edward Stringham joins Karl Peterjohn and Bob Weeks to discuss Bitcoin, sound money, and the role of markets in private governance. View below, or click here to view at YouTube. Episode 182, broadcast February 10, 2018.
Edward Peter Stringham is the Davis Professor of Economic Organizations and Innovation at Trinity College in Hartford, Connecticut. Stringham is editor of the Journal of Private Enterprise, president of the American Institute for Economic Research, past president of the Society for the Development of Austrian Economics, and past president of the Association of Private Enterprise Education. He a prolific author. His book, Private Governance: Creating Order in Economic and Social Life, is published by Oxford University Press.
Another Kansas legislator explains why raising taxes was necessary. So he says.
Many members of the Kansas Legislature are writing pieces defending their decision to vote for higher taxes. Don Hineman is one. His explanation merits more than average attention, as he is the Majority Leader of the Kansas House of Representatives. This week the Topeka Capital-Journal published his op-ed Rep. Don Hineman: Why tax reform was necessary. It deserves comment.
Hineman wrote: “This return to common sense tax policy resulted from legislators listening to their constituents and fulfilling the promises they made during 2016 campaigns.”
There may have been some candidates who campaigned on a platform of higher taxes. But most used more subtle language, such as Hineman’s use of the phrase “common-sense tax policy.” Does anyone know what that means? Does it mean the same thing to everyone? Besides, raising taxes was just one issue for most candidates and campaigns. And, voters must vote for candidates, not specific policies. As Justice Antonin Scalia told us, “Campaign promises are, by long democratic tradition, the least binding form of human commitment.” An example comes from Hineman’s web page, which states one of his four core values is “Respect for private property rights.” He has respect for your property, unless that property happens to be your money. Then he wants more.
Hineman: “… restore our state to firmer fiscal ground.”
This could have been done with spending cuts, too.
Hineman: “… a group of 88 representatives and 27 senators from across the political spectrum voted to override the governor’s veto.”
Here, Hineman refers to the coalition of Republicans and Democrats that passed the tax bill notwithstanding the governor’s veto. Because members of both major parties voted the same way, it’s described as nonpartisan. It’s meant as a good thing. But most of the Republicans who voted for higher taxes qualify as Democrats in many ways. They dismiss the Republican Party platform and embrace most aspects of the Democratic Party and progressive goals. There is no “spectrum.” Regarding taxation and the size of government, they’re pretty much the same color. Kansas Policy Institute confirms: “The Freedom Index published by Kansas Policy Institute has repeatedly shown the legislative political division to not be about Democrats and Republicans but about legislators’ view of the role of government, and the above June 2 update of 2017 Freedom Index certainly bears that out. With a score of 50 percent being considered neutral, there are 13 Senators at the top of the list with positive scores and 13 Senators at the bottom of the list — and every one of them is a Republican.” 1
Hineman: “Brownback’s tax plan abandoned the ‘three-legged stool’ approach to funding government, which had served Kansas well for decades by relying on a stable balance of income, sales and property.”
The three-legged stool is one of the most inappropriate analogies ever coined. If the state of Kansas were to develop an additional source of tax revenue, say by slapping a tariff on Budweiser imported from Missouri or Coors from Colorado, we’d hear spenders like Hineman speaking of the virtue of a stable four-legged chair. Many states thrive without one of our three legs, the income tax. And if we’re looking for stability, as Hineman mentions, income taxes are quite volatile compared to the other legs. 2
As far as serving Kansas well: There are a variety of ways to look at the progress of Kansas compared to the nation, but here’s a startling fact: For the 73rd Congress (1933 to 1935) Kansas had seven members in the U.S. House of Representatives. (It had eight in the previous session.) Until 1992 Kansas had five. Today Kansas has four members, and may be on the verge of losing one after the next census. This is an indication of the growth of Kansas in comparison to the nation.
” … sweep from the highway fund … rejected the governor’s short-term fixes as being neither responsible nor conservative …”
In this (heavily edited) sentence, Hineman complains about sweeping money from the state’s highway fund. But: Even after raising taxes, the budget just passed by the legislature continues sweeps from the highway fund in the amount of $288,297,663 in fiscal year 2018. For fiscal year 2018, the total of the quarterly sweeps is $293,126,335. 3
Hineman: “The fiscal strain created by the 2012 tax cuts caused public schools to suffer, increasing class sizes and reducing program offerings.” Kansas school spending. See article for notes about 2015. Click for larger.The nearby chart shows Kansas school spending, per pupil, adjusted for inflation. It’s easy to see that since 2011, spending has been remarkable level. There was a change in 2015 that shifted the way some school funding was credited, but in total, not much changed.
Kansas school employment. Click for larger. Kansas school employment ratios. Click for larger.Some people will dismiss spending figures for a variety of reasons. They may say that inflation affects schools differently from everything else, or that these figures don’t include KPERS, or that they do include the cost of facilities. So let’s look at something else: The number of employees compared to the number of students. When we do this, we find that igures released by the Kansas State Department of Education show the number of certified employees rose slightly for the 2016-2017 school year.
The number of Pre-K through grade 12 teachers rose to 30,431 from 30,413, an increase of 0.06 percent. Certified employees rose to 41,459 from 41,405, or by 0.13 percent.4 These are not the only employees of school districts.5
Enrollment fell from 463,504 to 460,491, or 0.61 percent. As a result, the ratios of teachers to students and certified employees to students fell. The pupil-teacher ratio fell from 15.2 pupils per teacher to 15.1. The certified employee-pupil ratio fell from 11.2 to 11.1.
If we look at these ratios over time, we see they are remarkably consistent since 2012. These figures, at least on a state-wide basis, are contrary to the usual narrative, which is that school employment has been slashed, and class sizes are rising rapidly. The pupil-teacher ratios published by KSDE are not the same statistic as class sizes. But if the data shows that the ratio of pupils to teachers is largely unchanged for the past five years and class sizes are rising at the same time, we’re left to wonder what school districts are doing with teachers. And, why are programs being eliminated?
(The relative change in enrollment and employment is not the same in every district. To help Kansas learn about employment trends in individual school districts, I’ve gathered the numbers from the Kansas State Department of Education and present them in an interactive visualization. 67)
Hineman: “Though raising taxes is never easy …”
No. Spenders love to raise taxes. In fact, some legislators warned that the tax hikes are not enough, and that they’ll be back for more. Indeed, projections show spending outpacing revenue in just a few years.
Hineman: “… it was unfortunately the only responsible option available. State government has been cut to the point where there is no reasonable way to reduce spending enough to balance the budget.”
No. One example: The efficiency study commissioned by the legislature recommended savings in the method of acquiring health insurance for public school employees. This was not adopted. Therefore, $47,200,000 in general fund spending is added over what the governor recommended. 89 This was not cutting services or benefits. It was asking school employees to do something differently in order to save money. But, it didn’t happen.
Can Kansas cut spending? There are many states that spend less than Kansas on a per capita basis. 10
Hineman: “Those who parrot the phrase ‘we have a spending problem, not a revenue problem’ have repeatedly failed to offer realistic suggestions for further cuts.”
Hineman is correct in a small way. To balance the budget this year with cuts alone was probably impossible. The lust for spending other people’s money is just too great. But there have been proposals that should have been followed. First, the legislature should have commissioned the efficiency study in 2012 when taxes were cut. That didn’t happen. Then, the legislature should take the efficiency study seriously. But even simple things — like the recommendation of savings through school employee health insurance acquisition reform — are difficult to accomplish, because the spenders don’t want these reforms.
And, in the past there have been responsible plans for reforming spending and the budget. But these plans were not wanted, nor were they realized. 11
Hineman’s criticism shows that it is difficult to cut spending. People become accustomed to other people paying for their stuff. Legislators want to appear to be doing more for their constituents, providing seemingly free stuff while pushing aside the idea of paying for it. And so government grows, at the expense of our liberty and what might have been had the money been left in the productive private sector.
According to KSDE, certified employees include Superintendent, Assoc./Asst. Superintendents, Administrative Assistants, Principals, Assistant Principals, Directors/Supervisors Spec. Ed., Directors/Supervisors of Health, Directors/Supervisors Career/Tech Ed, Instructional Coordinators/Supervisors, All Other Directors/Supervisors, Other Curriculum Specialists, Practical Arts/Career/Tech Ed Teachers, Special Ed. Teachers, Prekindergarten Teachers, Kindergarten Teachers, All Other Teachers, Library Media Specialists, School Counselors, Clinical or School Psychologists, Nurses (RN or NP only), Speech Pathologists, Audiologists, School Social Work Services, and Reading Specialists/Teachers. Teachers include Practical Arts/Vocational Education Teachers, Special Education Teachers, Pre-Kindergarten Teachers, Kindergarten Teachers, Other Teachers, and Reading Specialists/Teachers. See Kansas State Department of Education. Certified Personnel.http://www.ksde.org/Portals/0/School%20Finance/reports_and_publications/Personnel/Certified%20Personnel%20Cover_State%20Totals.pdf. ↩
There are also, according to KSDE, non-certified employees, which are Assistant Superintendents, Business Managers, Business Directors/Coordinators/Supervisors, Other Business Personnel, Maintenance and Operation Directors/Coordinators/Supervisors, Other Maintenance and Operation Personnel, Food Service Directors/Coordinators/Supervisors, Other Food Service Personnel, Transportation Directors/Coordinators/Supervisors, Other Transportation Personnel, Technology Director, Other Technology Personnel, Other Directors/Coordinators/Supervisors, Attendance Services Staff, Library Media Aides, LPN Nurses, Security Officers, Social Services Staff, Regular Education Teacher Aides, Coaching Assistant, Central Administration Clerical Staff, School Administration Clerical Staff, Student Services Clerical Staff, Special Education Paraprofessionals, Parents as Teachers, School Resource Officer, and Others. See Kansas State Department of Education. Non-Certified Personnel Report.http://www.ksde.org/Portals/0/School%20Finance/reports_and_publications/Personnel/NonCertPer%20Cov_St%20Totals.pdf. ↩
“The FY 2018 budget assumes savings of $47.2 million from implementation of Alvarez & Marsal efficiency recommendations to include K-12 health benefit consolidation and sourcing select benefit categories on a statewide basis.” Budget Report, p. 17 ↩
“Add $47.2 million, all from the State General Fund, for removing savings associated with A&M recommendations for health insurance and procurement for FY 2018.” Bill Explanation For 2017 Senate Sub. For House Bill 2002, p. 10. ↩
In this episode of WichitaLiberty.TV: Do corporations prefer markets or big government? Legislative malpractice in Kansas. Education reform, or lack thereof. View below, or click here to view at YouTube. Episode 115, broadcast April 3, 2016.
In this episode of WichitaLiberty.TV: Does the elimination of sales tax exemptions hold the solution to Kansas budget problems? We have a problem with overcriminalization and the criminal justice system. Then, is there a difference between government and charity? View below, or click here to watch in high definition at YouTube. Episode 96, broadcast September 27, 2015.
Sedgwick County Commission Chairman Richard Ranzau spoke on the topic “Returning Core American Values to Sedgwick County” before a luncheon audience of the Wichita Pachyderm Club Friday, August 28, 2015. View below, or click here to view at YouTube.
As we approach another birthday of Milton Friedman, here’s his article where he clears up the authorship of a famous aphorism, and explains how to really get a free lunch. Based on remarks at the banquet celebrating the opening of the Cato Institute’s new building, Washington, May 1993.
I am delighted to be here on the occasion of the opening of the Cato headquarters. It is a beautiful building and a real tribute to the intellectual influence of Ed Crane and his associates.
I have sometimes been associated with the aphorism “There’s no such thing as a free lunch,” which I did not invent. I wish more attention were paid to one that I did invent, and that I think is particularly appropriate in this city, “Nobody spends somebody else’s money as carefully as he spends his own.” But all aphorisms are half-truths. One of our favorite family pursuits on long drives is to try to find the opposites of aphorisms. For example, “History never repeats itself,” but “There’s nothing new under the sun.” Or “Look before you leap,” but “He who hesitates is lost.” The opposite of “There’s no such thing as a free lunch” is clearly “The best things in life are free.”
And in the real economic world, there is a free lunch, an extraordinary free lunch, and that free lunch is free markets and private property. Why is it that on one side of an arbitrary line there was East Germany and on the other side there was West Germany with such a different level of prosperity? It was because West Germany had a system of largely free, private markets — a free lunch. The same free lunch explains the difference between Hong Kong and mainland China, and the prosperity of the United States and Great Britain. These free lunches have been the product of a set of invisible institutions that, as F. A. Hayek emphasized, are a product of human action but not of human intention.
A series of short videos from the Independent Institute entertains and teaches lessons at the same time.
The Independent Institute has produced a series of humorous and satirical videos to present lessons about the nature of government. The Institute describes the series here:
Love Gov depicts an overbearing boyfriend — Scott “Gov” Govinsky — who foists his good intentions on a hapless, idealistic college student, Alexis. Each episode follows Alexis’s relationship with Gov as his intrusions wreak (comic) havoc on her life, professionally, financially, and socially. Alexis’s loyal friend Libby tries to help her see Gov for what he really is — a menace. But will Alexis come to her senses in time?
There are five episode (plus a trailer). Each episode is around five minutes long and presents a lesson on a topic like jobs, healthcare, and privacy. The episodes are satirical and funny. They’d be really funny if the topic wasn’t so serious. I recommend you spend a half-hour or so to view the series.
The Wichita Eagle editorial page is unhappy with the county commission’s decision to terminate the county’s participation in the federal government’s “sustainability planning grant.” When this controversial grant was first voted upon by the county in 2010, it was rejected by a vote of three to two. This also led the county to withdraw from the Regional Economic Area Partnership (REAP).
Karl PeterjohnIn 2011, a new county commission reversed this decision and decided to participate in this joint federal grant from three often controversial national agencies: Housing and Urban Development, Environmental Protection Agency, and Department of Transportation. HUD has played a key role in federal housing mandates and failed federal urban programs going back to the odious urban renewal era. The federal housing failures led to the 2008 financial crisis.
EPA is focused on creating new and complicated federal mandates. These are having a small impact on improving environmental problems but are becoming a new power center for the leftist, statist agenda out of Washington, D.C.
President Eisenhower said, “In preparing for battle, I have always found that plans are useless but planning is indispensable.” Ike also said, “A people that values its privileges above its principles soon loses both.”
The key question for a free people who cherish their liberty is the question, who decides? Why is government planning, which up until the New Deal, was largely left to the private sector and local government becoming a federal problem?
I believe that the state government is better than the federal government in trying to project what public needs might appear in the future. I believe that the local government, county or city, is better than the state government. I believe that a great deal of the current “planning,” should be left to the people and not the government.
Today, there are over-lapping, and duplicative planning efforts underway. The new 20 year Comprehensive Plan that was presented to Sedgwick County earlier this month is one case. The city of Wichita is also involved in this effort. The members of this planning effort were appointed by the city and county managers and included a couple of elected officials as well as over 20 other private citizens.
A 25 year transportation plan is being work on by the Wichita Area Metropolitan Planning Organization (WAMPO) for a region that includes all of Sedgwick County as well as Andover, Rose Hill, and Mulvane that covers western Butler and northern Sumner counties.
A third plan was this “sustainability” planning grant that would be followed with an “implementation” grant. The fact that Sedgwick County has withdrawn from this plan does not guarantee that other cities and counties in this region could not continue to proceed in this process. The sustainability grant has continued despite the opposition to it from both Butler and Sumner county commissions. I believe the sustainability implementation grant, if it proceeds, would probably supersede the other two plans.
REAP has been closely tied to this controversial “sustainability” grant. I want to repeat my reasons for voting against participating in this grant and REAP. I have voted against participating in this grant every time it has appeared on the county agendas in 2010, 2011, and again this year. I also opposed the doubling of the county’s dues for REAP membership. REAP’s legislative agenda has been cited as a reason for supporting this organization. I believe that each local government should have their own agenda. I oppose seeing REAP’s taxpayer funds from being used for statehouse lobbying.
I firmly believe that local government’s role is to provide a firm rule of law where there is a level playing field in it with clear rules for everyone to build their future for themselves and their families. This is the very limited role of government for a free people in a liberty loving society.
Here is an excerpt that I believe presents the heart of the reasoning:
