Is the Death Penalty Constitutional?

Tuesday night’s
botched execution
of an Oklahoma prisoner has reignited
America’s long-running
debate
over the propriety of capital punishment. As a policy
matter, I’m with the abolitionists. When it comes to the death
penalty, our criminal justice system (federal and state) has a
proven track record of injustice, malfeasance, and idiocy. It’s
foolish to keep trusting the government with such a grave
responsibility.

But that’s not the same thing as saying the death penalty is
unconstitutional. In fact, the Constitution plainly
sanctions capital punishment in several instances. The Eighth
Amendment is the most famous, with its injunction against
inflicting “cruel and unusual punishments.” The Fifth Amendment
also provides textual support for lethal punishment. No person, it
reads, shall be “deprived of life, liberty, or property, without
due process of law.” That means the government may in fact deprive
you of your life, but only after you’ve been properly charged,
tried, convicted, and sentenced to death (and then only after you
have exhausted your legal appeals). Upon ratification in 1868, the
14th Amendment’s Due Process Clause applied that safeguard against
the states.

To be sure, judges are duty-bound to scrutinize the application
of capital punishment in each and every case that comes before the
bench. But the only way to end the death penalty in its entirety
(short of constitutional amendment) is through the political
process.

The death penalty should be vigorously debated. Does it deter
crime? Does it provide closure to victims and their families? Is it
revenge masquerading as justice? Is it a bloody relic we’re better
off without? But we should not pretend the Constitution is silent
or ambivalent about the basic existence of the practice. Like it or
not, the death penalty is constitutional.

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Month-End Window Dressing Sends Fed Reverse Repo Usage To $208 Billion: Second Highest Ever

We can finally close the book on the “mystery” (if there ever was one) behind the Fed’s fixed-rate reverse repo operation.

Yesterday, when we noted that the total notional of the most recent 1 Day reverse repo operation was a whopping $183.3 billion, we made a modest prediction, knowing full well that today would be April 30, better known as month end, and even better known as a time when every bank has some huge, undercapitalized windows to dress.

It was, indeed, well over $200 BN. In fact, it was $208 billion, the second highest ever.

And sure enough, watch it crash to just over $100 billion tomorrow, now that a new month will have started and banks no longer need to appear quite so healthy.

So step aside any sophisticated claims that the Fed’s reverse repo is a means to extract liquidity when the time to raise rates finally comes: all this latest “tool” in the Fed’s arsenal is, is nothing more than a Fed-mandated and endorsed mechanism with which the banks can fool regulators and investors that they are in a far healthier condition than they really are. 

And judging by the humiliating episode involving Bank of America’s made up numbers that punked the Fed into believing America’s most insolvent TBTF bank was healthy enough to give be billions to investors, one of the parties most “confused” by what the RRP does, is the Fed itself.




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Are Political Correctness Police Really Outraged, or Are They Signaling Their Social Standing?

Over at the Institute of
Economic Affairs Senior Research Fellow Kristian Niemietz wrote an
interesting
blog post
on the economics of political correctness that is
well worth checking out.

Niemietz explains how those obsessed with political correctness
use moral superiority as a “positional good,” which is a “good that
people acquire to signalise where they stand in a social
hierarchy.” In the post Niemietz uses expensive wine and a degree
from a reputable university as examples of positional goods: the
motivation for purchasing them may not be the taste of the wine or
what is learned in pursuit of a degree but rather the fact that
having expensive wine and a degree from a good university signal
your social standing:

I may buy an exquisite variety of wine because I genuinely enjoy
the taste, or acquire a degree from a reputable university because
I genuinely appreciate what that university has to offer. But my
motivation could also be to set myself apart from others, to
present myself as more sophisticated or smarter.

Niemietz goes on:

…if you see me moaning that the winemakers/the university have
‘sold out’, if you see me whinging about those ignoramuses who do
not deserve the product because they (unlike me, of course) do not
really appreciate it, you can safely conclude that for me, this
good is a positional good. (Or was, before everybody else
discovered it.) We can all become more sophisticated wine
consumers, and we can all become better educated. But we can never
all be above the national average, or in the top group, in terms of
wine-connoisseurship, education, income, or anything else. We can
all improve in absolute terms, but we cannot all simultaneously
improve in relative terms.

What has this got to do with political correctness? Niemietz
argues that those who enjoy acting like members of a political
correctness enforcement brigade behave like people who couldn’t
tell the difference between vinegar and a glass of $400 wine but
buy the $400 bottle in order to signal how sophisticated they are.
And, like the owners of $400 bottles of wine who panic when others
people start buying the same bottle, those obsessed with political
correctness panic when more people start agreeing with them:

PC-brigadiers behave exactly like owners of a positional good
who panic because wider availability of that good threatens their
social status. The PC brigade has been highly successful in
creating new social taboos, but their success is their very
problem. Moral superiority is a prime example of a positional good,
because we cannot all be morally superior to each other. Once you
have successfully exorcised a word or an opinion, how do you
differentiate yourself from others now? You need new things to be
outraged about, new ways of asserting your imagined moral
superiority.

You can do that by insisting that the no real progress has been
made, that your issue is as real as ever, and just manifests itself
in more subtle ways. Many people may imitate your rhetoric, but
they do not really mean it, they are faking it, they are poseurs
(here’s
a nice example
). You can also hugely inflate the definition of
an existing offense (plenty of nice
examples here
.) Or you can move on to discover new things to
label ‘offensive’, new victim groups, new patterns of dominance and
oppression.

So, next time you see people declaring their outrage at whatever
the next political correctness fad is, consider if they really are
upset, or whether they are feigning outrage to signal their social
standing.

Disclaimer: I used to work at the IEA.

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Fed Cuts May POMO To Only $24 Billion From $30 Billion

One hour after announcing that the Fed would, as expected, cut its monthly Treasury purchases, aka stock market liquidity injections to $25 billion (and $20 billion in MBS), the NY Fed released its POMO schedule for the month of May. The key highlights:

  • “The Desk plans to purchase approximately $24 billion in Treasury securities over the month of May. This amount is approximately $1 billion less than the stated pace of $25 billion per month, given that purchases conducted in April exceeded the target by approximately $1 billion.”
  • There will be “only” 16 POMO days, down from the usual 18.
  • The largest POMO days will be Monday May 12, when the Fed will inject $2.25-$3.0 billion into the market and Thursday, May 29, when another $2.50-$3.25 billion will be allocated to stocks.
  • There will be no POMO on Wednesday May 7, Thursday May 15, and Wednesday May 26. Needless to say, for those so inclined, these may be the better shorting entry points.

At this pace POMO will be over by December, although expect the market to enter full freakout mode when the Fed is only monetizing a paltry $10-15 billion on about half the days of the month.




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“Can We Say When It Will End? No. Can We Say That It Will End? Yes”

Submitted by Lance Roberts of STA Wealth Management,

This morning I received a blog written by Brad DeLong which asked a simple question; why are people depressed about medium-term prospects for equity investments? He claims he doesn't understand the gloomy mindset. However, look at the evidence contradicts DeLong's underlying assumption about investor attitudes. And when we dig deeper, we find that history doesn't support his assumption about future market returns.

The title of his post suggests that MANY individuals are depressed about future equity returns which would suggest that investors are bearish and are hoarding cash. However, this is hardly the case when the majority of investors are fully invested and leveraged as shown in the two charts below.

 AAII-Asset-Allocation-041614

 MarginDebt-NetCredit-040814-2

There are only a few people, besides myself, that discuss the probabilities of lower returns over the next decade.  Henry Blodget, the focus of the DeLong's post, Jeremy Grantham, Doug Short, Crestmont Research and John Hussman are the most notable.

 Let's jump into Brad's math.  He states:

"I see that stocks are likely to return:

  • 6%/year in real (inflation adjusted) terms,
  • plus or minus whatever changes we see in valuation ratios.

That means that if we expect to see P/E10 fall over the next decade from 25X to 19X then we can expect to see returns of 3%/year real–that is, 5%/year nominal. That means that if we expect to see P/E10 fall all the way back to 15X over the next decade, then we can expect to see returns of 1%/year real–that is 3%/year nominal. But that is unlikely to happen. And if P/E10 remains at its current valuation ratios, we have 6%/year real returns–8%/year nominal.

 

Equities still look very attractive to me…"

First, he makes the assumption that stocks will compound at 6% per year, every year, going forward.  This is a common mistake that is made in return analysis. Equities do not compound at a stagnant rate of growth but rather experience a rather high degree of volatility over time.

The chart below shows the S&P 500 as compared to annualized returns and the average of market returns since 1900.  Over the last 113 years, the market has NEVER had a 6% return. The two closest years were 6.94% in 1993 and 5.24% in 2005. If we give it a range of 5-7%, it brings the number of occurrences to a whopping three.

Assuming that markets have a set return each year, as you could expect from a bond, is grossly flawed. While there are many years that far exceeded the average of 6%, there are also many that haven't. But then again, this is why 6% is the "average" and NOT the "rule."

Sp500-AnnualReturns-042914

Secondly, and more importantly, the math on forward return expectations, given current valuation levels, does not hold up.  Brad assumes that valuations can fall without the price of the markets being negatively impacted.  History suggests, as shown in the next chart, that valuations do not fall without investment returns being negatively impacted to a large degree.

SP500-PE-042914

Furthermore, John Hussman recently did the "math" in this regard showing this to be true.

"Let’s assume that despite the weak economic growth at present, nominal GDP picks back up to a nominal growth rate of 6.3% annually from here. This may be overly optimistic, but near market peaks, optimistic assumptions often still result in troubling conclusions. Given the present market cap / GDP ratio of 1.25 and an S&P 500 dividend yield of just 2%, what might we estimate for total returns over the coming decade?

(1.063)(0.63/1.25)^(1/10) – 1.0 + .02 = 1.3% annually.

 

Since we use a whole range of additional measures, including earnings-based methods, to estimate prospective returns, our actual estimates are somewhat higher here, at about 2.4% annually over the coming decade. Tomato. Tom-ah-to. Keep in mind that these estimates assume a significant acceleration in economic growth. One can certainly quibble that the long-term ratio of market capitalization to GDP will have a somewhat higher norm in the future. But the present ratio is still 100% above its pre-bubble norm. It’s unlikely that this situation will end well.

 

The chart below shows the record of these estimates since 1949, along with the actual 10-year S&P 500 total returns that have followed."

Hussman-042914

As the Buddha taught, “This is like this, because that is like that.” Extraordinary long-term market returns come from somewhere. They originate in conditions of undervaluation, as in 1950 and 1982. Dismal long-term returns also come from somewhere – they originate in conditions of severe overvaluation. Today, as in 2000, and as in 2007, we are at a point where “this” is like this. So “that” can be expected to be like that."

Nominal GDP growth is likely to be far weaker over the next decade.  This will be due to the structural change in employment, rising productivity which suppresses real wage growth, still overly leveraged household balance sheets which reduces consumptive capabilities and the current demographic trends.

Therefore, if we assume a 4% nominal economic growth, the forward returns get much worse at -5.2%.

Brad is an extremely smart economist. However, the analysis makes some sweeping assumptions that are unlikely to play out in the future. The market is extremely volatile which exacerbates the behavioral impact on forward returns to investors. (This is something that is always "forgotten" in most mainstream analysis.)  When large market declines occur within a given cycle, and they always do, investors panic sell at the bottom.  

The most recent Dalbar Study of investor behavior shows this to be the case.  Since the inception of the study (1984), the S&P 500 has had an average return of 11.11% while equity fund investors had a return of just 3.69%.  This has much to do with the simple fact that investors chase returns, buy high, sell low and chase ethereal benchmarks. (Read "Why You Can't Beat The Index"The reason that individuals are plagued by these emotional behaviors, such as "buy high and sell low," is due to well-meaning articles espousing stock ownership at cyclical valuation peaks.

As I stated previously, the current cyclical bull market is not likely over as of yet. Momentum driven markets are hard to kill in the latter stages particularly as exuberance builds.  However, they do eventually end. That is unless Brad has figured out a way to repeal economic and business cycles altogether.  As we enter into the sixth year of economic expansion we are likely closer to the next contraction than not.  This is particularly the case as the Federal Reserve continues to extract its financial supports in the face of weak economic underpinnings.

Will the market likely be higher a decade from now?  A case can certainly be made in that regard.  However, if interest rates or inflation rises sharply, the economy cycles through normal recessionary cycles, or if Jack Bogle is right – then things could be much more disappointing. As Seth Klarman from Baupost Capital recently stated:

"Can we say when it will end? No. Can we say that it will end? Yes. And when it ends and the trend reverses, here is what we can say for sure. Few will be ready. Few will be prepared."

We saw much of the same analysis as Brad's at the peak of the markets in 1999 and 2007. New valuation metrics, IPO's of negligible companies, valuation dismissals as "this time was different," and a building exuberance were all common themes. Unfortunately, the outcomes were always the same. It is likely that this time is "not different" and while it may seem for a while that Brad analysis is correct, it is "only like this, until it is like that."




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FOMC Optimism Confuses Market: Stocks Up, Bonds Up, Gold Down

Great news, Q1 was much worse than ourt awesome forecasts expected.. but that was all weather so our forecasts about the future are likely dead correct and that means escape velocity is coming… Stocks are rallying (and gold is fading)… but bonds ain’t buying it as they press the low yields of the day… .what is mst worrisom for stocks, is that it’s not Tuesday.


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Chicago Man Claims Cops Planted a CELLPHONE on Him to Justify Shooting Him in the Back

neighborhood shooting was by policeChicago resident Ortiz Glaze
says he was unarmed when two police officers shot at him 10 times,
hitting him in the back, at a cookout on the south side of the
city. Police recovered a silver cellphone, claiming that Glaze made
threatening movements while holding what appeared to look like a
silver firearm. In a lawsuit filed in federal court, Glaze claims
cops planted the cellphone among his possessions after the
shooting.
Details via the Chicago Sun-Times
:

On April 30, 2013, Glaze manned the grill during a
cookout to honor a deceased friend near 88th and South Burley, the
lawsuit said. People began arriving around 3 p.m., it said, and a
group of police officers arrived in three squad cars around 9
p.m.

The police union said at the time the tactical officers on routine
patrol stopped when they passed a group of known gang members
there.

The lawsuit contends one of those officers got out of a squad car
and fired a gun — possibly as a warning shot. Glaze and other
startled people in the crowd ran away, it said.

The officer who fired the warning shot chased Glaze, the lawsuit
said, firing at him multiple times. A second officer allegedly
fired at him, as well. In all, 10 bullets were fired at Glaze,
according to the lawsuit.

The Fraternal Order of Police (FOP), naturally, jumped to the
officers’ defenses after the shooting. A spokesperson for the FOP
reportedly asked why Glaze would run from cops, and insisted that
if a cop thinks he sees a gun, he won’t take a chance that it’s
not. That attitude is prevalent among police forces, yet it’s
difficult to believe it would pass muster as a defense for a
shooter that hadn’t been awarded a government badge and gun.

Over the last decade the city of Chicago has spent
an average of $1 million a week
resolving police-related
lawsuits.

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Train Derails In Lynchburg, Massive Fire Erupts, “Flames Stories High”

In what can only be explained as a massive oil pipeline derailment, because trains are obviously so much safer when transporting flammable commodities, moments ago another train derailed in Lynchburg, Virginia with numerous railcars falling in the river, and a massive fire erupting with flames that are “stories high” according to ABC13. What the burning cargo is, is still unknown.

Click on the image below for the Live webcast:




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Hilsencliff Notes: Q1 Worse Than Expected But Taper Stays

In one of his most voracious tomes, The Wall Street Journal’s Fed-see-er Jon Hilsenrath prepared 726 words and published them in 5 minutes to explain that the Fed’s forecasts for Q1 were dismally wrong, that the future will all be rosy, and their forecasts spot on, and that the Taper is steady…“Fed officials acknowledged the first-quarter slowdown was worse than expected by saying activity “slowed sharply.” Previously, they had just said activity merely slowed…Still, officials nodded to signs of a pickup in economic activity in March and April, suggesting they aren’t too worried about the winter slowdown.”

 

Via The Wall Street Journal,

The Federal Reserve said it would reduce its bond-buying program to $45 billion a month, while pointing to a growth pickup after a bad winter and sticking to previous guidance it has given on the outlook for short-term interest rates.

The steps were widely expected by investors before the meeting and represent a continuation of the monetary-policy strategy laid out by Fed Chairwoman Janet Yellen and former Chairman Ben Bernanke in the past few months.

The Fed’s move came after a report earlier Wednesday that showed the U.S. economy barely grew in the first quarter. Fed officials acknowledged the first-quarter slowdown was worse than expected by saying activity “slowed sharply.” Previously, they had just said activity merely slowed.

Still, officials nodded to signs of a pickup in economic activity in March and April, suggesting they aren’t too worried about the winter slowdown.

“[G]rowth in economic activity has picked up recently, after having slowed sharply during the winter in part because of adverse weather conditions,” the statement said.

The Fed said that household spending “appears to be rising more quickly.” Recent reports on retail sales and auto sales have been stronger than expected.

But officials saw business fixed investment as having “edged down.” Officials repeated their view from March that the “recovery in the housing sector remained slow.”

With the move on its bond-buying program, the Fed will shave another $10 billion from its monthly purchases beginning in May. It was the fourth $10 billion reduction to the program since the beginning of the year. The cut will shrink the program to $25 billion in monthly Treasury bonds purchases and $20 billion in monthly mortgage-backed securities purchases.

Officials reiterated that they expect to keep scaling back the program in steady steps, provided the economy continues to evolve as they expect. The program is aimed at holding down long-term borrowing costs in hopes of boosting spending, hiring and growth.

All nine voting members of the policy-making committee supported the changes announced in the statement. Normally, the committee has 12 voting members, but the Fed board of governors currently has three vacancies.

It was the second time this year the Fed has voted unanimously for a policy move. That represents an unusually high degree of consensus for central-bank policy makers who have often been divided in the years since the financial crisis. Ms. Yellen has focused on maintaining consensus since taking over in February.

Presidents of regional Fed banks vote on a rotating basis. This year,Cleveland Fed President Sandra Pianalto, Dallas Fed President Richard Fisher, Philadelphia Fed President Charles Plosser and Minneapolis Fed President Narayana Kocherlakota are voters. Mr. Kocherlakota dissented at the last meeting, but supported the current move. The New York Fed has a permanent vote.

Little else changed in the three-page policy statement released by the Fed’s policy-making committee. Officials held steady on the latest configuration of their interest-rate guidance, which they revamped at the Fed’s March meeting.

Policy makers said they expect to keep short-term interest rates near zero “for a considerable time” after they stop buying bonds. Short-term rates have been effectively zero since December 2008.

Ms. Yellen suggested in a press conference in March that considerable time could mean six months, but there was no mention of such a time frame in the statement and Ms. Yellen strongly suggested in the same press conference that she didn’t feel bound to that length of time.

In judging when to start raising rates, Fed officials will weigh a “wide range” of economic indicators, including labor market, inflation and financial sector measures, the Fed said in its statement.

Before the March changes, Fed officials had said they would keep interest rates frozen at least until the jobless rate falls to 6.5%, provided inflation remained in check. As the unemployment rate closed in on that level, officials felt the need to drop the numerical reference in favor of the less specific, broader guidance. Joblessness was 6.7% in March.

The Commerce Department reported earlier Wednesday that the economy hit a near-stall speed in the first quarter, growing at a rate of just 0.1%. Fed officials are predicting a pickup and saw signs of improvement in March and April.

A report by the Labor Department on Friday on the performance of the job market in April will provide the next big clue on whether their expectations will hold up.




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Fed’s Linguistic Tapering: Fewest FOMC Statement Words Since October

Everyone who thought today’s FOMC statement would, like the Fed’s own balance sheet, set a new all time high record in verbosity, has lost. At 811 words, today’s Fed message was 66 words shorter than the March one, and the “briefest” since October. It appears we may have passed the point of peak Fed complexity, and it is all downhill from here – so first a reduction in the pace of liquidity injections, then the communication. All that’s left is the “rigged, manipulated” market.




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