Draining the swamp: American education is ripe for improvement

Commentary by James Shott

Among the many hot topics since Donald Trump won election as the 45^th President of the United States is America’s education system. Once at the top of the nations of the world in educating its young, America has lost ground.

Jon Guttman, Research Director of the World History Group, wrote in 2012 that “[a]s recently as 20 years ago, the United States was ranked No.1 in high school and college education,” and that “[i]n 2009, the United States was ranked 18th out of 36 industrialized nations.” He attributes that decline to “complacency and inefficiency, reflective of lower priorities in education, and inconsistencies among the various school systems.”

In 2010 at a Paris meeting of the United Nations Educational, Scientific and Cultural Organization (UNESCO), President Barack Obama’s first Secretary of Education, Arne Duncan, who served from 2009 through 2015, said this:

“Before the 1960s, almost all policymaking and education funding was a state and local responsibility. In the mid-1960s, the federal role expanded to include enforcing civil rights laws to ensure that poor, minority, and disabled students, as well as English language learners, had access to a high-quality education.

“As the federal role in education grew,” Duncan said, “so did the bureaucracy,” adding that the U.S. Department of Education often “operated more like a compliance machine, instead of an engine of innovation,” and that it concerned itself with the details of formula funding, and not with educational outcomes or equity.

He went on to say that the United States needed to challenge the status quo, and to close the achievement and opportunity gaps. Five years later, the U.S. still lagged behind many other countries.

The findings in the 2015 Program International Student Assessment (PISA), described by CNN as “a benchmark of education systems conducted every three years by the Organization for Economic Cooperation and Development (OECD), a grouping of the world's richest economies,” finds the U.S. education system improved since the last assessment in 2012 in the areas of science, math and reading.

However, that improvement leaves American students ranked behind the students of 24 other countries, among the 72 participating nations. Teens in Singapore, Japan and Estonia led the more than half a million 15-year-olds in the 2015 assessment, the primary focus of which was science, with math as the primary focus in 2012.

President Jimmy Carter signed the federal Department of Education into law in 1979, and since it became active the following year, American education has gotten worse, as measured by these international assessments. Marginal or negative performance is not unusual for federal agencies, however. President-Elect Donald Trump, like Ronald Reagan before him, has called for abolishing the Department of Education, citing the need to cut spending.

Looking back to the formative years of the republic, we find the Founders established only four cabinet level activities: foreign relations through the State Department; national defense through the Department of War (now Defense); taxation and spending through the Department of the Treasury; and enforcement of federal law through the Attorney General (now the Department of Justice).

The increase of federal agencies has no doubt produced some benefits, but does their performance justify the costs incurred?  They have produced huge growth in government control of our lives, and enormous expense. Today there are nearly four times as many cabinet level agencies as the Founders thought necessary.

The federal education effort has many sins on its list, but the primary sin is the shifting of control of local schools to Washington by dangling federal dollars in front of state school officials, which they can earn in return for giving up some degree of control over their schools. Federal influences also contribute to the infestation of standardized testing, which in moderation can provide benefits, but when a typical student takes 112 mandated standardized tests between pre-kindergarten classes and 12th grade, that is over the edge. Eighth-graders, it is said, spend an average of 25.3 hours on standardized testing.

Trump has named Betsy DeVos to become education secretary. Her bio explains that in education she “has been a pioneer in fighting to remove barriers, to enact change and to create environments where people have the opportunity to thrive,” and that her political efforts are focused on advancing educational choices. She currently chairs the American Federation for Children.

Like all of Trump’s cabinet selections so far, DeVos is seen as unqualified, criticized for her lack of experience in education and for pushing to “give families taxpayer money in the form of vouchers to attend private and parochial schools, pressed to expand publicly funded but privately run charter schools, and trying to strip teacher unions of their influence,” according to an unflattering story in The New York Times.

Perhaps the contrary is true, however. Given the lackluster performance of the Department of Education when run by apparently qualified people, someone with other strengths just might be able to turn the department into a positive influence on what is broadly considered a mediocre education system.

Schools are best operated by those closest to the students, so returning control to states and localities will be a good first step.

Cross-posted from Observations

Commentary by James Shott

Those who lived in or near the southern West Virginia and/or southwest Virginia coalfields during the peak of the coal business in the 50s and 60s know that state and local economies thrived because of the tens of thousands of people employed by mining companies and the dozens of companies that supported the industry.

Bluefield, WV’s Norfolk and Western Railway yard was always filled with coal cars, many of them full of the world’s most widely used fossil fuel, that were bound for Norfolk, VA’s port, or ready to be unloaded into trucks for delivery. The rest were empty, heading back into the coalfields to be refilled and brought back for distribution.

They remember the bustling downtown that was the financial, shopping and recreational center of the region’s coalfields, and Bluefield’s population of well over 20,000 residents during the time of peak coal. These are valued memories of the good times.

Today’s population is half that size, and the rail yard is often empty. To those who have seen first-hand the decline of the industry and its effects on local communities, the industry’s decline is a very real and painful thing.

The decline began with natural technological advances, as mechanization gradually began putting hundreds of miners out of work. Over time other forces developed, affecting the industry, including the very recent rise of cheap natural gas. Through all of that, there was always a market for coal.

But the federal government’s assault on coal through excessive environmental regulation, spurred by the hotly debated idea that burning coal pours too much carbon dioxide – a gas essential for life on Earth – into the atmosphere, is the greatest problem. President Barack Obama put this attack into high gear. However, today our air is cleaner than it’s been for 100 years, mostly through evolving technological improvements.

Cloistered away in their comfortable offices in Washington, DC, our public servants frequently have no idea what life is like for those toiling away to pay the taxes that fund their salaries. Perhaps if they got out of Washington more, they would understand the problems they create for the people they serve.

This may be the case with Energy Secretary Ernest Moniz, who at the invitation of Sen. Joe Manchin, D-W.Va., finally visited the state after many invitations over the eight painful years of the Obama administration. But while in the state last week, Moniz suggested there is no war on coal, arguing to the contrary that the Obama administration is working to keep coal as an important part of a low-carbon energy future. He also said that cheap natural gas prices are primarily responsible for coal’s downturn.

The absurd idea that there is no “War on Coal” today would be hilarious, if the reality wasn’t so tragic, and the suggestion that the very recent drop in natural gas prices is the principal reason for coal’s decline is simply false.

This general situation was foretold by Barack Obama back in the 2008 campaign: “So, if somebody wants to build a coal plant, they can — it’s just that it will bankrupt them, because they are going to be charged a huge sum for all that greenhouse gas that’s being emitted,” Obama declared.

Assuming that Moniz has the capacity to recognize the misery the administration for which he works has caused for this region, or really cares about the people affected by its policies, visiting West Virginia much earlier in the administration’s tenure might have made some difference.

Hillary Clinton is on that same path. While campaigning in Ohio earlier this year, she said, “We’re going to put a lot of coal miners and coal companies out of business.” Trying to make that sound better, she said she favored funding to retrain those put out of work, but she didn’t say what kind of jobs and how many of them are currently waiting for trained workers.

Not long thereafter, while campaigning in West Virginia, she was asked about that comment by a tearful out-of-work coal miner, to which she responded that what she meant was that coal job losses will continue, according to the Daily Caller. See the difference?

Obama’s energy policy is like putting a square peg in a round hole. If you want to put a square peg in a round hole, take some time and think it through: You should gradually and gently reshape the square peg so it will comfortably and appropriately fit into the round hole. Obama’s method is to place the peg on top of the hole and beat it with a hammer until enough of the corners are destroyed so that the peg will go into the hole. And even then, it is a poor fit.

Just as horse-drawn wagons and carriages gave way to motorized vehicles when they came to be, coal’s role as a primary fuel would have changed as better methods evolved. Such a process would have been not only more humane and less destructive, but infinitely smarter than what has transpired.

Through the centuries humans solved life’s problems and improved their lives through applied intelligence. Somehow, they managed to do this without Barack Obama and the EPA.

Cross-posted from Observations

Lipstick on a pig: Administration putting a spin on the U.S. economy

Commentary by James Shott

It is natural for politicians to put things in the most favorable light, and the worse the general situation, the greater the need to do so. That serves as an appropriate introduction to the White House’s June economic analysis, which is summarized thusly: “The economy added 287,000 jobs in June, as labor force participation rose and the broadest measure of labor market slack fell.” As far as that statement goes, it is true.

That new jobs number is a decent number – the best jobs figure since October – and miles ahead of May’s revised number of only 11,000 new jobs. But it is not an outstanding number, and is only one of several really significant numbers.

Back in December 2009, six months after the end of the recession and 11 months into Barack Obama’s first term, economist Paul Krugman said that 300,000 new jobs each month were necessary to make up the job losses of the recession over the next five years, so the June figure falls short of that number. In the weak Obama recovery new job production has only met or exceeded 300,000 six times in 89 months. The last was in November of 2014 at 331,000.

Whether the 287,000 number holds up after revision we won’t know until August. May’s preliminary number was revised down by more than two-thirds to a mere 11,000; therefore August may show a downward revision, an upward revision, or a number that is pretty close to the preliminary figure.

Other relevant numbers from the Bureau of Labor Statistics (BLS) data set for June include an increase in the U-3 unemployment rate, the one President Obama prefers to cite, from 4.7 to 4.9 percent. Despite the increase, the U-3 rate still looks good because it discounts all those marginally attached to the labor force that involuntarily work part-time instead of full-time, or have given up looking for work because they cannot find a job. Those workers are included in the U-6 rate, which more accurately represents reality, and stood at 9.6 percent in June, and improved one-tenth of a percent since May, as some of the previously disaffected workers started seeking employment again.

Even so, the Labor Force Participation rate was still at the late-70s level of 62.7 percent. From 66.0 percent in December of 2007 when the recession began, the trend in the participation rate has been steadily downward and has been below 63 percent since March of 2014. The labor force is made up of those age 16 and older that are working, looking for a job, and not in prison or in the military, and totaled 94,517,000 people last month. That means that 56,228,000 working age Americans are not working, and not in the military or in prison.

In June, 1.8 million persons were marginally attached to the labor force. These are individuals who wanted to work, were available for work, and had looked for a job sometime in the prior 12 months, but were not counted as unemployed because they had not searched for work in the 4 weeks preceding the survey.

Another 5.8 million individuals prefer full-time employment, but are working part time because their hours had been cut back or because they haven’t been able to find a full-time job.

The BLS reported, “Among the major worker groups, the unemployment rates [U-3] for adult women (4.5 percent) and Whites (4.4 percent) rose in June. The rates for adult men (4.5 percent), teenagers (16.0 percent), Blacks (8.6 percent), Asians (3.5 percent), and Hispanics  (5.8 percent) showed little or no change.”

The 9.6 percent U-6 rate tells one part of the story, but the actual harm of the administration’s policies that keep the economy from cranking up are another story.

“Today’s jobs number can’t hide the ongoing struggles facing the country’s main jobs producers – small businesses – which are overwhelmed by over-taxation, over-regulation, and a lack of access to credit,” said Jobs Creators Network (JCN) president Alfredo Ortiz. “And it shouldn’t distract us from an underwhelming labor force participation rate—still the lowest figure since the 1970s.”

National Federation of Independent Business president and CEO Juanita Duggan commented, “Each month our survey shows that small business owners are trying to hire qualified workers,” and, “The job openings are there, but owners are not going to invest in new employment when labor costs are becoming insurmountable, and the political climate is wildly uncertain.”

All the way back in November of 2010 President Obama was already claiming a “new normal” for the economy: “What is a danger is that we stay stuck in a new normal where unemployment rates stay high,” he said on CBS “60 Minutes.”

Today, with a real unemployment close to 10 percent, Obama may be viewed as a pretty good prophet. However, rather than seeing the future, he engineered it, and the term “new normal” is much less a reality than an excuse. As the JCN’s Ortiz noted, high taxes, rampant and intrusive regulation and limited credit do not a good recovery make.

America deserves better. November’s election provides the opportunity to elect as president someone who understands job creation.

Cross-posted from Observations

Commentary by James Shott

The 2016 Index of Economic Freedom shows that the United States has climbed one notch from 12^th place to 11^th among the 186 nations of the world that were surveyed and rated.

The Index is an annual guide published by The Wall Street Journal and The Heritage Foundation, and rates nations for labor freedom, business freedom, and fiscal freedom. There are 10 different measures inside those three major groupings. Data used is from 2014, and was compiled and analyzed last September.

The nations with more economic freedom than the U.S. are, starting with first place: Hong Kong; Singapore; New Zealand; Switzerland; Australia; Canada; Chile; Ireland; Estonia; and the United Kingdom.

Ranking 11^th over all and 2^nd among the three North American nations, the U.S. “remains mired in the ranks of the ‘mostly free,’ the second-tier economic freedom status into which it dropped in 2010,” the introduction to the report states. In seven of the past eight years Americans have seen their economic freedoms decline, and this year’s score equals their country’s worst score ever in the Index. At 75.4 out of 100 points, the U.S. has seen its score drop 0.9 since 2012, and from 80.7 since 2009.

“America’s historically vibrant entrepreneurial growth is significantly hampered by intrusive, expensive, and often ineffective government policies in areas ranging from health care to energy to education,” the report states. “Government favoritism toward entrenched interests has hurt innovation and contributed to a lackluster recovery and stagnant income growth,” even though a private sector energy boom has put the U.S. at the top of the world’s producers of oil and gas.

While America’s 6.2 percent unemployment rate in 2014 has improved, GDP growth was an unimpressive 2.2 percent over five years from 2009 to 2014. Our public debt then was nearly 105 percent of national GDP, which means that if every dollar of production – the value of all final goods and services produced in a year – went to pay down the debt, we still would have debt.

One small piece of good news is that in the Rule of Law category the “Freedom From Corruption” rating rose from 72 to 74 from the prior year, but the “Property Rights” rating dropped 10 points from 90 to 80, and this year produced the lowest ranking of the American people’s trust in government in the last 10 years, based on polls taken in 2015, where 75 percent of respondents said they believe corruption is widespread in the government and in government regulation of business.

Taxation continues to bedevil America’s freedom standing, with more than one of every four dollars of domestic income being taken by taxes, the U.S. having one of the highest corporate tax rates on the planet at a punishing 35 percent, and the top individual income tax rate of 39.6 percent. Government spending runs just short of 40 percent of GDP, and the size and scope of the government remains too big and too intrusive. The “Government Spending” and “Fiscal Freedom” ratings each fell, 59.6 to 54.7 and 67.5 to 65.6 respectively.

The nation saw substantial declines in the Regulatory Efficiency category, where each sub-category saw declines: Business Freedom - 91.9 to 84.7; Labor Freedom – 95.1 to 91.4; Monetary Freedom – 84 to 77. The report notes that “180 new major federal regulations have been imposed on business operations since early 2009 with estimated costs of nearly $80 billion,” explaining that the regulations themselves are not rigid, but that policies, such as excessive occupational licensing, restrict employment opportunities, and “damaging monetary policies, tangled webs of corporate welfare, and various subsidies” have affected the economy negatively.

The U.S. was heavily affected in two of the three sub-categories of Open Markets, where “Trade Freedom” remained essentially flat at 87 points, but “Investment Freedom” and “Financial Freedom” each took a 10-point hit, falling from 80 points to 70. The report notes that while “domestic regulations have been emerging only gradually, the financial reforms adopted in 2010 have increased both costs and uncertainty.”

Even though the U.S. moved up one position among the 186 nations, being 11^th instead of 12^th does not provide enough for even Donald Trump to brag about, especially in view of the fact that the overall score fell nearly one point and that the U.S. lost ground in 8 of the 10 sub-categories contained in the Index. And its position in the second tier may prompt a drive to change our “land of the free” motto to “land of the mostly free.”

The importance of this report is not so much the U.S. ranking, but the continued commitment of its government to policies contrary to the values that made America exceptional and free. This perspective is not merely the view of conservatives and libertarians, but also of someone who has seen this same scenario up close and personal.

Filmmaker and American citizen Agustin Blazquez saw this same theme play out in his native Cuba, and warns, “Wake up, America!” Blazquez sees the same radical shift happening in America that turned Cuba into a communist country.

This ought to be a call to action, but thus far all of those have failed.

Cross-posted from Observations

Obama brought to tears talking about gun violence in America

In his comments last Tuesday prior to signing an Executive Order expanding background checks for gun purchases, President Barack Obama became uncharacteristically emotional and shed tears as he discussed children killed in mass shootings. His emotional reaction gave weight to his message, but some doubted the sincerity of his tears, seeing them as a device to increase support for his proposal. The Executive Order issued days later expands background checks for firearms purchasers, but is an action that would not have prevented the shooting that brought the tears, or other recent horrific shooting events.

This rare show of emotion calls attention to Obama’s lack of tears for other tragedies – such as the death of an innocent young woman at the hands of an illegal alien in California, or the San Bernardino murders by radical Muslims – as further evidence of his selective use of emotion for political purposes.

Emotion is the driver of liberal initiatives, which are highlighted by the generous use of false information and/or exaggeration, and the twisting of truth. Demagoguery and shaming are always close at hand, as well. If someone opposes abortion, they don’t really want to protect life, they just want to deny women control of their bodies. If someone opposes stronger gun control measures, it isn’t because they value and want to defend Constitutional liberties, it is because they don’t care that children and other innocents are being murdered daily. Although this tactic sounds like it was developed on an elementary school playground, a lot of people rely on it and fall for it.

Obama quotes the statistic that there are more than 30,000 gun deaths each year, and Democrat presidential hopeful Hillary Clinton breaks that down to an average of 90 gun deaths a day. Those large numbers surely catch one’s attention, but throwing out large numbers cheats the public of both perspective and true understanding of gun deaths. For example, roughly 19,000 gun deaths are suicides. How many of those severely troubled individuals would decide to go on living because they could not lay their hands on a gun?

About 1,800 are gang related, and 900 others are accidents. A majority – 80 percent – of the remaining gun-related deaths is attributed to urban problems. And, of course, some gun deaths are justified, as in cases of self-defense. The CDC reports that there are 3.5 gun deaths in the U.S. per 100,000 people while the number of all deaths is 821.5 per 100,000 people.

The self-defense aspect receives far too little discussion. In 2013, Obama ordered the Centers for Disease Control and Prevention (CDC) to assess the existing research on gun violence, and a report prepared by the Institute of Medicine and the National Research Council stated, in part: “Almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals, with estimates of annual uses ranging from about 500,000 to more than 3 million per year … in the context of about 300,000 violent crimes involving firearms in 2008.”
Commentary by James Shott

Some suggest that three million is likely an unrealistically high number, but if guns are used defensively a half-million or more times a year, that is compelling. Given the record of people using guns to defend themselves from criminal activity and even death, wouldn’t it be appropriate for tears to be shed because so many have died in “gun-free zones,” where they were denied the ability for self-defense or protection from other people who were in the line of fire who were armed? There is a better than average chance that mass shooters would make a point to avoid places where they knew guns were being carried by their potential victims.

Americans are a rebellious lot; they don’t like to be controlled. Thus, in order to persuade them to go along with ideas like gun control, they have to be made to believe that existing laws are being enforced but that existing laws just aren’t enough, and we need more regulation. This is accomplished through various techniques, including heavy propaganda based upon myths.

Some examples: Background checks are not required for purchases on the Internet. Law enforcement is not present at gun shows, which are a free-for-all for prohibited individuals to obtain firearms. Obama has made firearms enforcement a priority, and his executive action on gun control will thwart criminals’ ability to obtain firearms. There is a general consensus in America that greater gun control is needed to prevent mass shootings in the United States.

Those statements are all false, and have been shown to be so by Senator Chuck Grassley, R-Iowa, Chairman of the Senate Judiciary Committee, who wrote a commentary published on The Daily Caller online, listing and disproving 10 myths about guns, including those above.

Neither gun violence nor climate change is a critical problem for the United States. The threat of Islamic terrorism, a government too weak on the world stage, but grown too large and too controlling here at home, and a president who thinks he is an emperor, however, are critical problems. And that is why restoring conservative government is so important in the next election.

Cross-posted from Observations

Here’s the other side of the argument: Appreciating fossil fuels

Commentary by James Shott

Predictions of horrible things happening if we continue burning fossil fuels are fairly common these days. Man is killing the Earth by continuing to use fossil fuels – coal, oil and natural gas – to power electricity generation, make motor vehicles go, and now even to cook your dinner outside on the grill.

This compulsive thinking has driven the Environmental Protection Agency to dictate that the nation reduce the 2005 level of carbon emissions by 32 percent by 2030, despite that doing so will cost thousands of jobs and millions of dollars, all to reduce the amount of carbon dioxide in the air by one-tenth of a percent.

Almost no one argues that global warming isn’t a reality. However, the current period of global warming has taken a timeout for well more than a decade. Most people know that for thousands of years there have been alternating periods of warming and cooling on the Earth. The important question is, however, whether the low level of recent warming is significant, and more to the point, whether or not the actions of human beings contribute significantly to the slight warming period that is now on hold.

The carbon-mania gripping environmental scaremongers in the U.S. ignores the plain fact that compared to China and India, among others, the U.S. is by far a minor contributor of carbon emissions.

Two things have been forgotten – or perhaps conveniently covered up. One is the long list of predicted global catastrophes that have not come to pass. The other is how much better the lives of human beings are because we have learned how to use fossil fuels to make our lives better.

According to the BP Statistical Review of World Energy 2013 “Historical Data Workbook,” 87 percent of the energy mankind uses every second comes from burning one of those fossil fuels.

People who live in cold climates use fossil fuels to warm their homes, and people who live in warm climates use fossil fuels to cool their homes. Fossil fuels are used to plant and harvest crops that feed people, and are used to transport food from places where food is produced to places where it is needed and wanted. Fossil fuels are used to light the darkness, to entertain us, transport us, diagnose disease, communicate with each other, mass-produce products we need and want, and to provide security in our homes and for the nation.

And we also do not hear how much better the lives of the poorest people living in the direst conditions on Earth could be if we were helping them to use fossil fuels to their benefit the way the developed world does.

Technology enables us to modify the way we use fossil fuels to control our climate to our advantage, and to progressively improve the way we use fossil fuels to do less harm. Because of technological advances our air today is much cleaner than it was a hundred years ago. Technology not only provides many wonderful assets for us, but also improves itself, so that these crucial technologies now cause little harm to the environment.

Imagine where the world would be today if we had never learned to use fossil fuels and to develop those technologies for our benefit. Imagine what would happen if suddenly all of the facilities that burn fossil fuels for electricity production and for other purposes just simply stopped doing so for several weeks.

And perhaps that is what is needed to get the American people to open up to the truth that using fossil fuels not only is good for us, but also is not harmful to the environment to a significant degree.

A major fallacy in the war against fossil fuels is the belief that they are harmful because they are dirty, and “natural” sources of energy like wind and solar power are not harmful because they are not dirty. But both wind power and solar power also have their negative side, in addition to not being capable of replacing fossil fuels any time in the foreseeable future.

The rare Earth elements needed for wind turbines, for example, can be acquired only through an enormous and complex mining process to find and excavate them. And that mining process requires machinery driven by fossil fuels.

Establishing a wind farm on a mountaintop requires a great deal of clearing of wooded lands and the building of roads for access and towers for transmission lines. Enormous solar farms both substantially warm the acres of land beneath them and attract and kill birds.

Many leading environmentalists, including those who predict fossil fuel catastrophe, hold as their most important value what they call “pristine” nature or wilderness nature unaltered by man. They see humans as a plague upon the Earth.

Alex Epstein, author of the excellent book The Moral Case for Fossil Fuels, holds human life as his most important value. When you accept that human life is the most important consideration, then small infringements on nature and the environment that yield great advances and benefits for humans are perfectly acceptable.

That is the sensible way to look at it. That is the human way to look at it.

Cross-posted from Observations

The U.S. in the 21st Century: Compassion takes a back seat to politics

Commentary by James Shott

The ink was barely dry on newspapers reporting the murder of nine people attending a Bible study Wednesday night at the Emanuel African Methodist Episcopal Church in Charleston, SC, when it started.

Amid the understandable outrage and feelings of grief and compassion, there arose the clatter of political demagoguery, as the vehicles were gassed up and engines were started to rush and join the forming parade.

Since the participants of this parade formed it not to provide aid and comfort to those in need, but to avail themselves of a convenient opportunity – as former Obama White House Chief of Staff Rahm Emanuel advised, “Never let a good crisis go to waste” – reason and honesty were banned from the event.

Thursday morning Faheem Younus, who identifies himself as “Muslimerican,” and is an Associate Professor of Medicine at the University of Maryland, posted on Twitter: “This terrorist #CharlestonShooting is predictably White, called a ‘gunman’ by the media and has no mention of his faith.” It was most important to him to imply that had the murderer been a Muslim, that point would have been made abundantly clear.

And no leftist demagogic rant would be complete without taking a shot at Fox News. “The ideology of racism promoted by the @FoxNewsandCo. breeds the terrorists who commit #CharlestonShooting,” he tweeted.

At least in the midst of his mis-focused, cheap-shot tweets, the learned professor did brush up against the main truth: This attack was a racist act.

On the campaign trail, Hillary Clinton used the shooting to advantage in her self-promotion. First, she suggested that “inflammatory things about Mexicans,” uttered by Republican presidential candidate Donald Trump, may have “triggered” the incident, and then turned to liberalism’s favorite boogeyman, gun control.

But at least President Barack Obama started out on the right path: “We knew their pastor, Reverend Clementa Pinckney, who, along with eight others gathered in prayer and fellowship, was murdered last night,” he said. “And to say our thoughts and prayers are with them and their families and their community doesn't say enough to convey the heartache and the sadness and the anger that we feel.”

But then: “We do know that once again, innocent people were killed in part because someone who wanted to inflict harm had no trouble getting their hands on a gun,” he continued, finally getting to his main point.

No one argues that some people should not have guns. The argument begins with the method people like Mr. Obama prefer. The same people who use guns for violence would also use knives, TNT, poison, an automobile, hijacked air liners, or whatever tool they could find to commit violence against others, a point the anti-gun faction seems immune to understanding.

“At some point, we as a country will have to reckon with the fact that this kind of mass violence does not happen in other advanced countries … with this kind of frequency,” Mr. Obama said. “It is in our power to do something about it.”

Mr. Obama must have found some study showing that the U.S. leads the world’s advanced countries in mass shooting casualties. The Rampage Shooting Index, in fact, shows that among 12 countries, from 2009 to 2013, the U.S. had 227 such deaths. Norway had 77, Germany had 25, the UK had 13, and Israel had 11. The US had 38 such incidents and the nations previously mentioned had only 1 to 3.

That is pretty damning evidence. But as usual in these sorts of campaigns, there is more.

The Index clearly shows that when population is taken into account, the results are far different. Per 1 million population Norway had 15.3 fatalities and .19 incidents per 1 million people; Germany - .31 fatalities, .04 incidents; the UK - .019 fatalities, .02 incidents; Israel - 1.38 fatalities, .25 incidents. The U.S. had .72 fatalities in .12 incidents, and fewer fatalities and incidents per 1 million than Norway and Israel. Furthermore, of the five countries discussed, all but the U.S. are said to have “Restrictive” gun policies.

Also, of the 12 nations in this study, when population is a factor the U.S. drops from first in mass shootings to seventh.

Mr. Obama was wrong. Again.

If you feel so strongly that a higher degree of gun control is a viable policy, why use faulty data to try to sell the idea to the people? If your cause is just, you needn’t lie or deceive to gain support.

Laying aside the distasteful efforts to politicize this issue, the real issue is not guns, it is the impulse to harm or kill innocent people, and how to protect against those impulses.

This was a racist act perpetrated by a white guy who used a gun. Dylann Roof had a drug arrest and conviction on his record, and had a recent history of racially charged comments. Reportedly, his father gave him a pistol for his 21st birthday in April.

What gun law would have prevented Dylann Roof from killing those nine people?

When you are caught using faulty data, you tell the world that you really have a goal other than the stated goal in mind.

Cross-posted from Observations

Notice: You are breaking one or more federal laws and/or regulations

Commentary by James Shott

Most of us probably think of ourselves as law-abiding, up-standing American citizens. We pay our taxes on time. We keep our drivers licenses and inspections up to date. We don’t shoplift, or take illegal drugs. We don’t murder, rob, rape or assault others. That’s the way law-abiding citizens think and act.

And yet, I am willing to bet some money that every one of us has breeched or is on the wrong side of some federal decree.

I say that with a high degree of confidence because there are so many of these edicts from on high that nobody – not you, not law enforcement, not even the judges at whose mercy we will find ourselves if charged for breaking one – knows them all.

You see, here in the Land of the Free there are between 3,600 and 4,500 federal statutes that impose criminal sanctions, according to Michael Cottone, writing in the Tennessee Law Review.

As bad as that is, the ridiculously high number of federal laws pales in comparison to the number of regulations created by administrative agencies that carry criminal penalties, maybe as many as 300,000 of them.

With that knowledge, the old maxim “ignorance of the law is no excuse” is now a mere absurdity.

Of course, if we actually were to follow the dictates of the U.S. Constitution – a quaint idea, these days – at least some of those 300,000 regulations aren’t valid, since the only authorized law-making entity at the federal level is the Congress, and the Constitution does not authorize the Congress to abdicate that duty, and pass it along to the excessive number of unelected bureaucrats in the too-many Executive Branch agencies, departments, administrations, commissions and offices.

The Constitution sets forth the following: Article I, Section I: “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” That’s about as plain as it can be. Notice it does not say, “except where Congress decides to cede that authority to the Executive Branch.”

Some laws are downright stupid, or sometimes are applied stupidly:
* A child saved a woodpecker from her family’s cat and was fined $535 under the migratory bird law.

* A 66-year-old retiree went to prison because he didn't have proper paperwork for orchids.

Some are irrational; others are conveniently broad and through twisted reasoning are used to punish American individuals and businesses. Consider the case of Gibson Guitars: On August 24, 2011, agents of the federal government executed four search warrants on Gibson manufacturing plants in Nashville and Memphis, Tennessee, where they seized pallets of wood, electronic files and finished guitars. Other than making excellent musical instruments, what had Gibson done?

Public servants in the Department of Justice determined that using wood from India that was not finished by workers in India is illegal, not by U.S. law, but because of the way the DOJ interpreted Indian law. The feds argued that Gibson violated the Lacey Act of 1900, which outlaws the use of plants and wildlife that have been taken or traded in violation of foreign law.

Apparently, Gibson is supposed to have known that Indian companies broke Indian law and sold wood illegally, thereby making Gibson subject to prosecution in the U.S. Seriously.

CEO Henry Juszkiewicz said Gibson competitors also use this same wood, and wondered why his company had been singled out. Fair question. Regardless, Gibson paid $300,000 to avoid criminal charges, was forced to make a "community service payment" of $50,000 to the U.S. National Fish and Wildlife Foundation to promote conservation and development of tree species used in making musical instruments, as well as withdraw claims to $262,000 worth of exotic woods seized by federal authorities.

It is unfair and oppressive to hold taxpaying citizens to the impossible standard of knowing and obeying every one of the hundreds of thousands of laws and regulations that might affect them, but in addition to that, perpetuating circumstances that allow prosecutors to haul people into court and potentially fine or imprison them on the flimsy basis that they should actually know all these decrees is outrageous, although Mussolini, Pol Pot, and Stalin would approve.

"The criminal code today is so vast and complex that judges and lawyers have a lot of trouble discerning what's legal and what's illegal," John Malcom, a senior legal fellow at the Heritage Foundation, told the House Judiciary Committee. "What hope do ordinary citizens have?" The government should be required to identify every federal crime, he said, and make that list easily accessible and free to the public.

National Association of Criminal Defense Lawyers president Steven Benjamin testified that when the average citizen cannot figure out what is illegal, "that is unfairness in its most basic form. We have become addicted to the use of criminal law as a blunt instrument to control social and economic behavior."

George Terwilliger, former deputy attorney general in George W. Bush’s administration, thinks Congress should pass one overriding law that requires proof of intent for any federal crime.

Contact your representative and senators and tell them to implement the Malcom and Terwilliger recommendations.

Liberal legislation continues to disrupt our healthcare system

By the time you read this the physician reimbursement crisis may have been averted, yet again. But if not, doctors who still treat Medicare and Medicaid patients will see a reduction of 21.2 percent for Medicare patients and as much as 42.8 percent for Medicaid patients for services rendered on or before March 31, unless Congress enacts another “doc fix” before April 1

If the “doc fix” hasn’t yet been approved and isn’t approved today, both Medicare and Medicaid patients may have a far more difficult time getting medical care. And if it is fixed this time, what will happen when this fix expires?

This is yet another of the blessings of Obamacare, the Patient Protection and Affordable Care Act, enacted in 2010, and through tortured legal reasoning was ruled constitutional by the U.S. Supreme Court.

Obamacare is not the first government action to reduce reimbursements for Medicare and Medicaid patients, but because Obamacare put millions more people in the Medicaid system in order to increase the number of Americans who could then be counted as “insured,” it gets credit for the current crisis. And to keep down vocal physician opposition to adding millions more to an already broken system, Congressional Democrats who created Obamacare included a two-year increase in reimbursement rates that are now set to expire April 1, and that means the lower reimbursement rates will be back, if the “doc fix” isn’t passed.

Doctors generally get paid less for Medicaid and Medicare patients than their cost basis in treating them, and situations like this one magnify that problem. Consequently, some doctors limit the number of Medicaid and Medicare patients they see, and some do not treat them at all. Don’t be surprised if this situation causes more doctors to join those ranks every year until reimbursements for services to these patients are stabilized at a higher level so that doctors don’t lose money treating them.

On one hand we should support efforts to reign in absurdly high levels of government spending, which in 2014 was approximately 17 percent higher than revenue, meaning that for every dollar of tax revenue there’s 17 cents of deficit spending that the government has to borrow. But on the other hand, shortchanging physicians who treat America’s elderly and low-income or welfare-supported citizens is a foolish way to do that.

This is especially unfair to Medicare patients, who are not welfare recipients, and who, of all those who receive government benefits, are truly entitled to them. They receive essentially their own money, and that of their employers, both of whom had money taken from them by the government to fund Social Security, and later Medicare. These benefits are not the same as Medicaid, food stamps, child support and other welfare money.

The Social Security Act was passed in 1935 and is a promise government made to American workers and their employers that the money government took from them would be put in a trust fund and invested, and returned to them in their later years.

Predictably, the government then used that money for other purposes, not for the benefit of the people the Social Security Trust Fund exists to serve. The Trust Fund is now bankrupt, for all practicable purposes, being in the red approximately $300 billion.

And that raises the question: How is it possible that the Social Security Trust Fund, which was built by the monetary contributions of its recipients and their employers, can run out of money, but the “fund” that pays from $700 billion to $1 trillion annually for welfare in all its numerous forms, never runs out of money?

The “doc fix” that will help doctors who treat Medicare and Medicaid patients will also add to the deficit, and that obviously is bad. We need to spend less money, but we also need to not limit medical care to those who need it. The solution lies in repairing the Medicaid system, which provides care to millions, and many are perfectly capable of funding some or all of their own care. Welfare must be reserved for those who are truly needy and have no other solution.

And now, from centuries ago, here is a statement addressing the situation in which our once great nation now finds itself:

"A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. The traitor is the plague." - Marcus Tullius Cicero (106-43 B.C.)

Is there anything on Earth the government doesn’t want to control?

The EPA is determined to control everything that has anything to do with air, ground and water. The DOJ wants to put legal but “unpopular” types of businesses out of business. The feds tell schools what they can sell to the public at bake sales and at athletic events. And now the five unelected members of the Federal Communications Commission (FCC) have decided the government should control the greatest and most creative invention since the wheel: the Internet.

“President Obama has pushed for the reclassification, which he said is needed to ensure a fair and open Internet,” writes Susan Ferrechio in the Washington Examiner. “But critics say it will stifle innovation and increase fees and taxes by imposing on the industry a 1934 government regulation meant for managing large utilities, such as the old telephone companies.”

"The closer we get to the FCC rubber-stamping President Obama's Internet grab, the more disturbing it becomes,” said House Subcommittee on Communications and Technology Chairman Greg Walden, R-Ore., prior to the FCC’s decision. Consumers, innovators, and job creators all stand to lose from this misguided approach."

Some background, from Wikipedia: “The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite (TCP/IP) to link several billion devices worldwide. It is a network of networks that consists of millions of private, public, academic, business, and government networks of local to global scope, linked by a broad array of electronic, wireless, and optical networking technologies. The Internet carries an extensive range of information resources and services, such as the inter-linked hypertext documents and applications of the World Wide Web (WWW), the infrastructure to support email, and peer-to-peer networks for file sharing and telephony.”

The Internet began gaining wide usage in the mid-1990s, and since that time has provided users with resources and connections that only until recently was even imagined. It has survived very well without the control freaks at the federal leviathan sticking their noses in.

Even though the FCC did vote to take control of the Internet, the vote was not unanimous. With a Democrat in the White House, the FCC now consists of three Democrat members and two Republicans, and both Republicans voted against the takeover.

One of them, Ajit Pai, made three important points in his dissenting statement. “For twenty years, there’s been a bipartisan consensus in favor of a free and open Internet … [and] the results speak for themselves. Dating back to the Clinton Administration, every FCC Chairman — Republican and Democrat — has let the Internet grow free from utility-style regulation.

“But today, the FCC abandons those policies. It reclassifies broadband Internet access service as a Title II telecommunications service. It seizes unilateral authority to regulate Internet conduct, to direct where Internet service providers (ISPs) make their investments, and to determine what service plans will be available to the American public.

“This is … a radical departure from the bipartisan, market-oriented policies that have served us so well for the last two decades.” 

His second point centered on the idea that the disagreement between Verizon and Netflix exemplified problems that required government intervention to protect consumers. But a free Internet operating in the free market solved this problem without need of government action, and well before this foolish decision was made.

“So the FCC is abandoning a 20-year-old, bipartisan framework for keeping the Internet free and open in favor of Great Depression-era legislation designed to regulate Ma Bell,” Commissioner Pai said, referring to the Communications Act of 1934 that authorized the FCC. “But at least we’re getting something in return, right? Wrong. The Internet is not broken. There is no problem for the government to solve.”

“Literally nothing in this Order will promote competition among ISPs,” he continued, outlining the third point. “To the contrary, reclassifying broadband will drive competitors out of business. Monopoly rules designed for the monopoly era will inevitably move us in the direction of a monopoly. If you liked the Ma Bell monopoly in the 20^th century, you’ll love Pa Broadband in the 21^st.

“One avenue for higher bills is the new taxes and fees that will be applied to broadband. If you look at your phone bill, you’ll see a ‘Universal Service Fee,’ or something like it. These fees — what most Americans would call taxes — are paid by Americans on their telephone service.

“Consumers haven’t had to pay these taxes on their broadband bills because broadband has never before been a Title II service. But now it is. And so the Order explicitly opens the door to billions of dollars in new taxes. Indeed, it repeatedly states that it is only deferring a decision on new broadband taxes — not prohibiting them,” Mr. Pai concluded.

Will this lead to the FCC playing politics with the Internet like the IRS does with applicants for nonprofit status? Why wouldn’t it?

As happens quite frequently, rules with the force of law are being created not by the only branch of government authorized to create laws, but by the branch of government authorized only to enforce the laws properly created.

Once again under the Obama administration the Constitution is turned on its ear.