Nancy Wentzler, Deputy Controller of the U.S. Currency, recently dramatized the arcane world of international currency exchange for the Global Interdependence Center's 25th annual Monetary and Trade Conference, held this year at Drexel University. For the most part, controlling currency operates flawlessly as far as the rest of us can tell. But every few years a sudden banking crisis pops up somewhere, pressuring a lot of bureaucrats in many countries to act quickly without a fire drill. Displaying panic could spread into world financial collapse, but so could acting too slowly. There's often a need for that most conflicting of all predicaments, the clear need to act outside of established channels. Hedge funds and private equity funds greatly increase the pace of banking panics, and if panic-stricken, can now send multi-billions from one place to another in fractions of a moment. In that same moment, everybody involved is in a meeting, or else frantically calling somebody. Even if the right person is identified, located, and takes the call, there is natural hesitation to take risky advice from a stranger without an identifiable track record. Protocol-driven supervisory bureaucracies may be suddenly forced to contend with professional traders whose whole life consists of calls roughly like this: "Hi, Joe, this is Bill. Buy me a gazillion shares of XYC at the market." To which Joe's answer commonly would be, "You got it. Thanks for the order, Bill. 'Bye. "
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Benjamin Franklin at the French Court
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The potential for sudden fires calls out for fire drills. It also calls for the prior establishment of social networking among those who may have to depend on each other in a crunch. Whether by repeatedly dealing with each other or by social gatherings, or even just by immersing in trade gossip, it must somehow become possible for them to make a quick assessment of the person on the other end of the phone. Is the sound or flighty, can he be depended on to keep his word, or will he take for the hills.
Well, it sounds like a diplomatic corps, doesn't it? For the briefest of moments, one person represents the views of his country. The rest of his life is spent preparing for that moment. The most familiar American example is Benjamin Franklin, for eight years our ambassador to France. Franklin received heavy criticism for spending American money on social functions in Paris. John Adams, in particular, was outraged to see Franklin engaged in a constant series of dinners, balls, Royal parties, and salons; he was obviously having the time of his life, year after year. After all, he really only accomplished two tangible things -- he signed the Alliance with France which effectively won the war, and he signed the Treaty of Paris where Britain agreed to stop fighting.
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Dead Elephant
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No one is supposed to know where elephants go to die, but if they are smart as people say they are, my suggestion is to search for dead elephants in the state of Delaware. Most taxes, and estate taxes, in particular, are considerably lower, there. At least this was the message Christopher J. Topolewski, Esq. conveyed to the Right Angle Club recently. His firm, West Capital Management, has prepared a table comparing the taxes in the three states that come together at the southeast corner of Pennsylvania, which for residents of the Philadelphia area are within easy commuting distance of each other. Although Delaware has a marriage penalty (one couple is taxed more than the sum of two singles), it has no estate tax at all, no sales tax, and a property tax rate only half that of Pennsylvania, only a quarter of that in New Jersey. For residents of New Jersey, there is almost no tax which is not lower in Delaware, because but ex-Pennsylvanians would then have to be careful to die or cohabit since ordinary income tax and capital gains taxes are higher in Delaware than Pennsylvania. If you must die (and who doesn't?), go die in Delaware.
This was a situation specifically contemplated as a way to discipline greedy state governments, by James Madison when he was formulating the U. S. Constitution. And there is evidence it is working. By happenstance, I once encountered an official of New Jersey taxation, who told me that 43% of New Jersey taxes are paid by 1% of the population. And that 1% was moving out of the state as fast as it could. If it does, the other 99% of New Jersey residents will find their taxes rising by 43%. West Capital reports that taxation as a percent of income is 1.23% in Delaware, 3.46% in Pennsylvania, and 5.82% in New Jersey, suggesting that a selective flight of the 1% would raise the state taxes of everyone else by 43%, and thus make state taxation as a percent of lowered average income rise to roughly 20%. Relating total income to total tax revenues would be an even better way to detect hidden indirect taxes, such as overtaxing utilities in the knowledge it will be passed on to the consumer. I recently discovered that a few years ago, the Legislature got tired of hearing complaints about local taxes, so they transferred half of the local taxes to the state tax. That's pretty much like taking it from one pocket and putting it into another because now all the hubbub is about state taxes. Armed with even partial information, it becomes easier to understand why New Jersey would evict a governor who had been Co-chairman of Goldman Sachs, during a financial crisis. If a financial whiz can't change this, maybe it requires a meat ax.
This is a time of growing restlessness about public spending, and Tea Party revolts are likely to accelerate during the remaining nine months before the next election. The conjecture is growing about a coming deadlock between a Republican Congress and a Democratic President, lasting at least two more years. What might emerge from a strong third party congressional delegation is too arcane to discuss. But at least the Republicans who leave can console themselves they are selectively raising the taxes of Democrats.
It seems almost inconceivable that professional politicians would demonstrate such a forest of tin ears as to let this happen, but the rest of Mr. Topolewski's talk just heated up the fire. His long-scheduled talk was designed to give guidance about the new estate tax laws, but he found himself confounding his audience with the news that there are no new estate tax laws; in fact, there will be no estate tax laws at all after this year unless they emerge from the congressional gridlock we already have. Which apparently will be followed by a gridlock we can scarcely imagine. Imagine asking your lawyer to write a will which straddles the contingencies that there will be no law, that there might be a continuation of the present one, or there might be some new law of quite uncertain wording. One of the suggestions offered is to allow your executor the discretion to accept or disclaim certain hypothetical provisions.
And that brings up an old story. William Penn was the largest private landowner in the history of America, possibly the whole world. He had a trusted agent, who gave him an enormous pile of papers to sign. A busy rich man like Penn is regularly confronted with a discouragingly large number of routine legal documents to sign. So, Penn signed them all, not noticing that one of the various papers in the pile gave the entire state of Pennsylvania -- to his agent. The outcome of the ensuing uproar was that Penn spent six years in debtors prison.
By Edward J. Marolda
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Shield and Sword
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Since the UN coalition victory in Operation Desert Storm in 1991, journalists, generals, and historians have focused on the air blitz against Iraq and General Norman Schwarzkopf's Hail Mary maneuver around the desert flank of the Iraqi army, while the U.S. Navy has received relatively little attention. This book highlights the Navy vital contribution to winning the Gulf War. The work also emphasizes that the U.S. Navy presence and actions in the Persian Gulf in the years before the war helped the Bush administration persuade the Arab nations of the region and American traditional allies to join the international effort against Iraq. Similarly, the navy has been an essential instrument of U.S. foreign policy since the end of Desert Storm. As we can go to press in fall 1998, U.S. naval forces stand ready once again to carry out their political-military mission of compelling Iraqi compliance with UN resolutions against the development of weapons of mass destruction. The work stresses the Navy involvement in joint and multinational operations. Ironically, the U.S. Navy worked long and hard during the Cold War preparing for armageddon at sea against the Soviet navy, a confrontation that navy envisioned fighting virtually alone. Actual operations were quite different. In the wars in Korea and Vietnam and the hostilities in Lebanon, Grenada, the Persian Gulf (1987-1988), and Panama, the navy routinely operated with U.S. ground and air forces and those of its global allies. Since this was also true of the Gulf War. We have elaborated on the Navy interaction with the other U.S. armed services and with the navies of America coalition partners.
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JOHN Dickinson had been highly critical of England's treatment of its colonies. As early as 1768 he had written a book called Letters of a Pennsylvania Farmer which is credited with strongly influencing the colonies in the direction of resistance to the British Ministry. When it came time to write the Articles of Confederation, Dickinson was the lawyer selected for the task. His good friend Robert Morris had been less outspoken in opposition to the Ministry's behavior, quite possibly because he was adept at finding workarounds for his own personal business problems. But possibly he was merely maintaining an ambiguous negotiating posture, since in a hotly contested election with this as the main issue, Morris was elected by both sides in the argument. When July 4, 1776, forced the issue both Dickinson and Morris had refused to sign the Declaration, but within a few months both of them were actively fighting for the Rebellion. The truest test of their evolving attitudes might have emerged when Lord North sent the Earl of Carlisle as an emissary after Burgoyne's defeat at Saratoga, offering peace with a sort of commonwealth status for the colonies. Not much is written about this curious episode, leaving it unclear whether the British were serious, and even if they were, whether the Americans understood the offer as serious. On the surface, the British offer conceded taxation with representation as the rebellion had been demanding. But it was rejected by Gouverneur Morris acting for -- who remains unclear. It seems possible the British were exploring the true feelings of people like Dickinson and Robert Morris but were disappointed. The earlier treatment of Ireland after it had agreed to a similar half-hearted autonomy did leave British sincerity in legitimate doubt.
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Thirteen
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The thirteen colonies had united to fight the British King, but many of them were reluctant to unite for any other time or purpose. Rhode Island was perhaps the extreme example of this view of what Independence was supposed to mean, but the feeling existed to some degree in many colonies. Concern for the power of this feeling of tentativeness may have contributed an important reason the Articles placed heavy emphasis on declaring the document to represent a perpetual arrangement. Recognition of the weakness of this intent may have been an important reason why George Washington was later willing to sweep the issue aside, even though he of all people was most concerned to avoid the appearance of acting as an arbitrary king. For these and other reasons mainly revolving around state boundary disputes, the Articles remained unratified for years. Finally, in 1781 Robert Morris became convinced that failure to ratify was encouraging the states not to cooperate, and successfully pushed ratification through its steps. At that time, Morris was effectively running the country, even providing his own credit and funds to do it. People were reluctant to oppose his wishes, but they were also unwilling to provide the taxes, supplies, and troops that Morris imagined were being blocked by failure to ratify. Ratification of the Articles accomplished very little except to convince Morris: the Articles were flawed and must be replaced with something conferring more central power.
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The Goal: 1787
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Little is known about the evolution of Constitutional thought in Morris' mind between 1781 and the Constitutional Convention in 1787, although a great deal is known about his other numerous activities. It is clear, however, that his experience with the recalcitrant Pennsylvania Legislature had been dismal, while he came to see the one insurmountable flaw in the current Federal government was its inability to levy taxes and consequently, to service national debt. The states were able to levy taxes under the Articles but erratic in doing so, resorting to paper money inflation at the first sign of tax resistance. In Morris' view, the key to the effective government was to reverse the situation; let the national government tax, let the states spend. The key to such rearrangement would be to permit the national government to spend on a very limited list of vital purposes, but bedazzle the states with a substantially unlimited shopping list if they thought they could afford it. As the accounts to pay for the Revolutionary War totaled up, it was apparent that the National Government had twice as much debt as the states. Therefore it would at most, need twice the state taxing power to service such a debt; presumably, wars would be infrequent and it would be less than that. Pay this one off, and potentially the need for future federal spending would be small. Indeed, under the presidency of James Monroe, the national debt was completely paid off, although briefly. It was almost as if Robert Morris and his pupil Alexander Hamilton had a crystal ball.
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Decline and Fall, Anyone?
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Robert Morris was brilliant and had six years to fashion his strategy, but he also had some help. For one thing, George Washington lived next door much of that time. By then, almost no one dared confront Washington. Adam Smith had written his book The Wealth of Nations in 1776, and Morris gave this extraordinary work as presents to his friends. Morris had corresponded with Necker, the genius financier of France, and through his good friend Benjamin Franklin, gathered insights from the rather advanced British national finance. And James Madison brought in scholarship about politics and statecraft accumulated by Witherspoon, Hume and the Scottish enlightenment. The year 1776 was a remarkable moment for new ideas. In that year, Edward Gibbon also published the first volume of The History of the Decline and Fall of the Roman Empire. The warning behind that important book had an important impact on the minds of important thinkers of the era, too.
Once you grasped all the central ideas, in this environment the resulting strategy almost worked itself out.
CHAPTER ONE: Where Are We,
And How Did We Get There?
--- Teddy Roosevelt started it, but politicians have shorter memories than historians. For practical purposes, Obamacare 2012 is an extension of the Clinton health proposal of 1991, with HMOs deleted, and computers added. It is useful to conjecture Bill Clinton's strategy, which would explain much of the present muddle. If Hillary runs, we could even see it tried for the third time.
2589 Clintoncare and Obamacare: Historical Foreword
1729 Picking Out the Raisins From the Pudding
2670 Welcome to Welfare
1714 Reforming Health Reform, New Jersey Style
2622 Children, Playing With Matches
2602 Text of AFFORDABLE CARE ACT, PL 111-148, March 23, 2010, Renamed HR 3590
https://www.gpo.gov/fdsys/pkg/BILLS-111hr3590enr/pdf/BILLS-111hr3590enr.pdf
2594 The Real Obamacare, Unveiled
2672 Text of Section 1501, renamed Section 5000A: MINIMUM COVERAGE
2639 Text of Section 1251 (H.R. 3590):PRESERVATION OF RIGHT
TO MAINTAIN EXISTING COVERAGE
2673 Proposal: Coordinate Sections 1501 and 1251
2676 Health Care and Education Reconciliation Act of 2010
CHAPTER TWO: The Supreme Court Has Its Say
--- The U.S. Supreme Court had nursed certain Constitutional issues since Franklin Roosevelt's court-packing days, but it was state Attorney Generals who propelled States' Rights into the central Constitutional issue of the first few days of Obamacare. Liberal academics have long flirted with remaking the whole Constitution, and President Obama once taught Constitutional Law. While extreme Liberals nurse Constitutional revision, most Liberal politicians would prefer to split Republican voters with a third party. It is too early to predict which party would suffer.
2624 State and Federal Powers: Historical Review
2250 Obamacare's Constitutionality
2289 Roberts the Second
2592 More Work for the U.S. Supreme Court: Revisit Maricopa
2625 What Can Supreme Court(s) Do About Tort Reform?
2613 ERISA Is Thrust Into the Battle
CHAPTER THREE: Sudden Fiasco Of Electronic Insurance
----At first, it seemed a minor programming problem had temporarily inconvenienced the Electronic Insurance Exchanges. The realization soon emerged that the whole program was sloppy and untested, requiring months of repair, if not the abandonment of Obamacare. If direct marketing gets discredited, it would be a pity. The underlying idea was good and achievable. But this implementation was a disaster.
1288 Money Bags
2603 Electronic Insurance Exchanges
2626 Streamline Health Insurance?
2604 Redesigning Electronic Insurance Exchanges
2611 Phasing In A Direct Premium Payment
2615 Creative Destruction for Health Insurance Companies
CHAPTER FOUR: Small, Quick Proposals to Extend Health Savings Accounts
----Here's our alternative proposal, first devised by John McClaughry and George Ross Fisher in 1980, enacted into Law in 19xx by Bill Archer, and now numbers more clients than Obamacare. It requires publicity more than legislation, but six small technical amendments could rapidly turn an experiment into a national program. It seems to save as much as 30% of premiums, without much disturbance of the healthcare delivery system.
2637 FIRST PROPOSAL, Amending HSAs To Include Tax Sheltering
2573 SECOND PROPOSAL:Spending Accounts into Savings Accounts
2611 THIRD : Phasing In Direct Premium Payments
2584 FOURTH: Investments Pay the Bill: Obstetrics Lengthens Duration, Deductible Reserve is the Kernel.
2607 FIFTH: Having Invested, How Do You Reimburse the Providers of Care?
2630 SIXTH: Indemnity and Service Benefits
2585 Foreword: Children Playing With Matches: Investigating and Debating the Healthcare System
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CHAPTER FIVE: HSAs, Backwards and Forwards
----The above describes the HSA and how it might be more useful if tweaked a little. This next chapter is a much more grandiose version, expanding the simple idea into a proposal for lifetime health insurance and describing the enormous unsuspected potential. Ninety-year projections are never accurate and require many mid-course corrections. We propose a new institution to monitor and steer it and attempt to describe what might be encountered. The power of compound interest could well pay for most of healthcare, but it is unnecessary to over-reach. Paying for a third of our costs would be accomplishment enough.
2590 Health Insurance Design.
2638 Pay As You Go
2587 Predictions of Future Healthcare Costs: Quis Custodiat Ipsos Custodes?
2628 Average Lifetime Medicare Balance Sheet
2627 Shifting Money Backward in Time: Managing the Transition
2593 Economics of Chronic Disease and Catastrophic Illness
2634 Comments on Diagnosis Related Groups (DRG)
2635 Admonitions: Using the Transition to Lifetime Health Insurance as an Inflation Restraint
2473 An Unending Capacity to Generate New Problems
1734 Healthcare Reform for Lobbyists
2485 Cost Shifting, Reconsidered
2571 Proposed: A Republican and/or Conservative Healthcare Solution
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CHAPTER SIX; Reforms More Basic Than Obamacare
----Obamacare is just coverage extension by subsidies. The biggest flaws in our payment system are fifty years old and are the cause of most of the delivery system flaws. Meanwhile, Science is reducing disease costs by reducing disease, for all income brackets. By switching "medical" care into "health" care we keep authorizing new carpetbaggers to bill the insurance. Physicians received 20% of payments in 1980; now it is 7%, half of which is spent on overhead. Nevertheless, compound interest income could reduce costs greatly without changing healthcare. Lifetime insurance (above) could pay for about a third of future costs; direct cost efficiencies could probably save another third, leaving a third to be paid in cash. But don't make it entirely free, unless you want to make it entirely ruined.
2633 Stepping out of the Obamacare Frame
1730 What Obamacare Should Say But Doesn't
2616 The Coonskin Hat
2404 "They Don't Make That, Anymore"
2564 Last Cow in Philadelphia
2112 Paying for Assisted Living
1431 July 4, 1776: Patients in the Pennsylvania Hospital on Independence Day
1733 Obamacare And Its Repair, Executive Summary
2453 What's The Matter With a Conservative Answer?