Anti-Pot Oklahoma Legislator Celebrates the Death of His State’s Anti-Pot Lawsuit

In a Tulsa World op-ed piece published yesterday, Oklahoma legislator Mike Ritze, a conservative Republican, celebrates the Supreme Court’s refusal to hear his state’s lawsuit challenging marijuana legalization in neighboring Colorado. Ritze, who represents Broken Arrow in Oklahoma’s House, was one of seven state legislators who complained about the lawsuit in a December 2014 letter to Attorney General Scott Pruitt. Ritze says he “firmly” opposes marijuana legalization. But unlike Pruitt, an avowed federalist, Ritze takes the 10th Amendment and the doctrine of enumerated powers seriously:

The lawsuit essentially claimed that because a federal statute and a few U.N. treaties ban marijuana, Colorado has no choice but to not only accept prohibition, but to help enforce it.

But that’s simply wrong.

First of all, the U.S. Constitution does not delegate any power to the federal government in this area. That is why alcohol prohibition in 1920 necessitated a properly ratified constitutional amendment to be adopted at the federal level.

If the U.S. Constitution does not delegate any powers to the feds in the area of marijuana prohibition, and it doesn’t, Washington, D.C., has no business ratifying international treaties or passing federal statutes acting as if it possessed those powers.

The U.S. Constitution only says statutes and treaties created in pursuance with the Constitution are the supreme law of the land. Any power grabs undertaken in defiance of that Constitution are mere usurpations that states have a duty to nullify….

Secondly, even if those U.N. treaties and federal statutes were constitutional, the U.S. Constitution does not allow the federal government to compel a state to criminalize something. Nor can the federal government commandeer state or local government resources in pursuit of its own policy agendas.

Although Pruitt did not claim that the Supremacy Clause requires Colorado to recriminalize the cultivation, possession, and sale of marijuana, he argued that the state’s licensing and regulation of commercial production and distribution conflicts with the Controlled Substances Act and harms Oklahoma because some Colorado cannabis ends up there. If he had gotten his way, the result could have been a free, unregulated market in marijuana, which libertarians might celebrate but pot prohibitionists like Pruitt presumably would not. Still, Ritze is right that Pruitt wanted the Supreme Court to override Colorado’s laws because he thought they made it harder for Oklahoma and the federal government to enforce their bans on marijuana.

Note that Ritze does not merely object that such an imposition would violate the state autonomy recognized by the 10th Amendment. He also argues (correctly) that the Constitution does not authorize Congress to ban marijuana to begin with, just as it did not authorize Congress to ban alcohol until the ratification of the 18th Amendment in 1919. In his 2014 letter to Pruitt, Ritze noted that the Controlled Substances Act rests on a reading of the power to regulate interstate commerce that the Supreme Court developed in the late 1930s and early ’40s—a reading so broad that it allows Congress to do pretty much anything it wants, as long as it is not explicitly forbidden by the Constitution. Fair-weather federalists like Pruitt reject that understanding of the Commerce Clause in the context of Obamacare and other policies they do not like but embrace it when it’s convenient.

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I Want To Be the Secretary of Catering in Andrew WK’s New Party Party

The musician and hitmaker—and one of the greatest advice columnists of all time—Andrew W.K. has announced the formation of the Party Party, which he bills as “an alternative to the divisive labeling of our current system.”

You can go here for more about the Party Party’s goals, which the former children’s show host and creator of the epic LP I Get Wet, summarizes thus:

If enough people are willing to liberate themselves from choosing left or right, a third voice can emerge with a much more powerful message. A message that will open the eyes of our representatives and help them see that this “Us versus Them” mentality has kept our country from providing its people with a REAL sense of freedom.

More here.

In 2014, Reason TV talked with Andrew W.K. (a.k.a. as the “great unwashed rock star” and the “great god of partying”) about his remarkably positive attitudes about life, liberty, and, yes, partying all the time. Take a listen. Transcript here.

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Where The March Jobs Were: The Minimum Wage Deluge Continues

In March the US economy added a healthy 215K jobs, beating expectations and more importantly, pushing the average hourly earnings up by 0.3% on the month. Which, however, is curious because a cursory look at the job additions in the month reveals that nearly two-third of all jobs, and the three top categories of all job additions, were once again all minimum wages jobs.

  • Education and Health: 51K
  • Retail Trade: 48K
  • Leisure and Hospitality: 40K

Just these three top sectors (as shown in the chart below) accounted for 65% of all job gains. This “growth” of minimum wage labor took place while some of the highest paying jobs, including mining and logging, manufacturing and transportation and warehousing all posted declines in March. The only silver lining was that construction jobs posted a healthy 37K bounce, while government “workers” added a solid 20K.

 

And, it bears repeating once again, that in a month in which all sentiment surveys showed a steady rebound in manufacturing, the US economy actually lost the biggest number of manufacturing workers since 2009.


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Who Needs Helicopters? Draghi Plans “Fool-Proof” ECB-Backed Debit Card

Via Mint's Bill Blain's Morning Porridge,

”A common mistake when trying to design something completely fool-proof is to underestimate the ingenuity of complete fools..” 

First day of a new quarter, and it feels like we have an answer to the all-important question of the modern age: how many Euro 100 notes can you squeeze into a Chinook (a very big and noisy helicopter). The second part of the question is – what’s the right height to optimally helicopter drop an economy? I discern a disturbance in the force as a mounting number of learned articles discuss these critical issues.

Yet, the answer may be extraordinarily simple.

For the last couple of months rumours have been circulating of “extraordinary” monetary policy discussions within the bowels of the ECB. We’ve been told “radical” new measures will build upon, and complete, the work already achieved over the last 5-yrs by the ECB in supporting European stability and growth. (Growth? Really?)

We’ve heard it all before: the ECB promises much and delivers less..

However, yesterday’s widely circulated leaks from within the Frankfurt behemoth suggest the ECB’s new secured consumer lending programme could be transformational. Yesterday’s ECB leak highlights the gnomes of Frankfurt may have stumbled on the ultimate truth of helicopter economics – you don’t actually need a helicopter.

Apparently, Draghi has even secured grudging support from Wolfgang Schauble for the proposed extension to their Asset Purchase programmes. The leaked preamble guffs about how it “build on the measures announced at the last meeting”. The rest suggests the new consumer asset backed asset purchase programme, CABAPP, will be announced by Draghi following the April 21 meeting – but probably won’t be enacted until early Q4.

While efforts to stimulate lending to Europe’s SME sector through securitisation programmes have proved difficult because of the blocks imposed by regulators on ABS, its certain borrowers will be more receptive to the much simpler new consumer lending finance package.

Following yesterday’s leaks, ECB spokesperson Vabara Hasiin declined to provide further details of the ECB’s plan to directly buy secured consumer lending assets originated through European banks and platform lenders – but by then the cat was out the proverbial bag.

Yesterday’s leaks confirm the ECB’s plans will effectively give Europe’s consumer lenders access to unlimited zero-cost finance – going far further than the free money showered on them by the multiple previous TLTRO financial packages.

Under the proposed scheme, European banks have the option to issue their clients a new branded European Banking Union debit card – which will have a raised ECB logo to make it meet EU regulations for visually-impaired users. Although these will still bear the names and logos of the “originating banks”, these will be directly financed from the ECB on a pass-thru basis. Banks will be paid a minimal fee for “labelling” and originating the new ECB debit cards.

At first glance, it looks like European retail repayment risk goes straight onto the ECB’s books – which would be “extraordinary” indeed. But, one of the cornerstones of the new CABAPP policy will be credit loss control.

While banks will be free to choose the rate they charge new card holders, the actual interest rate will be close to zero. The ECB will make it clear to banks they are expected to stimulate consumer spending through the lowest possible personal lending rates. One earlier proposal was for the ECB to issue its own debit cards off a new Fin-Tech lending platform, but this was opposed by French and Italian regulators on the basis of protecting existing European retail institutions.

German objections to the ECB effectively taking long-dated consumer lending risk were overcome via two points. Firstly, losses will be transferred off the ECB’s balance sheet by the ECB itself buying NPLs off the programme and holding these to maturity on the bank’s banking book. The ECB could then write these off at a stroke of a pen on their imaginary cheque book as an inflation management tool. The second concession to Berlin is the establishment of a new EU-wide Financial Recovery and Advisory Group to be based in Berlin: FRAG.

Of course the ECB’s true genius lies in the creation of digital helicopter money. By making the fixed interest rate on the cards effectively zero, the duration of the debit card loans effectively perpetual, and giving borrowers an interest only repayment option… well… there will effectively be no substantial losses.

The net effect of the new CABAPP policy will be unlimited cheap retail financing for consumers across the EU area. Although we were hoping for the sound of fully-loaded Chinooks and Augustas across Europes, the only sound we’ll hear will be the cha’ching of retail tills.

Although rates will effectively be zero, spending on the cards will be carefully controlled via variable drawdown limits, set on a tiered system. The lowest limits will be set on blue cards which will be available to the bulk of the population, silver cards to those in gainful employment within the Eurozone, gold cards to higher earners and spenders, while the top level Black Cards will be reserved for the EU nomenklatura and their families.

An additional positive effect for the EU is card holders being linked directly to the ECB, creating political advantages by forging close links between Europe’s population closely to their central bank. The leaked documents show a new slogan: “One Europe, One Euro, One Bank, One Banking Union” will be used to market the programme.

Another refinement of the scheme is that it won’t only be open to banks – but also to consumer lending platforms across the EU. This is seen as an effective way of reaching the swathes of European residents not covered by conventional banking. New immigrants will be encouraged to apply for EBU Debit Cards at their entry point – the basis being “high-spending asylum seekers should contribute to Europe’s growth through increased consumption”, according to yesterday’s ECB leak.

The new cards will not be available in the UK.

The Bank of England said ask Boris or Nigel why not. Only joking.. they were miffed they hadn’t thought of it themselves..


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US Manufacturing Surveys Bounce Despite The Biggest Industry Job Losses In 7 Years

Following China's miraculous PMI jump back into expansion, Markit reports US Manufacturing also rose to 51.5 in March (despite the biggest drop in manufacturing jobs since 2009). As Markit details, output growth is unchanged from February’s 28-month low, and prices charged decline amid further drop in input costs. ISM Manufacturing also jumpedfrom 49.5 to 51.8 – the first 'expansion' in 7 months. Finally, we note that ISM Prices Paid exploded higher (from 38.5 to 51.5) – the biggest jump since Aug 2012.

"V"-shaped recovery in ISM Manufacturing

 

ISM Prices Paid saw the biggest 2 month spike since June 2009….

 

All of which occurred as the manufacturing sector lost more jobs in March than at any time since 2009…

Every ISM Respondent thinks everything is awesome…

  • "Unemployment rate is low in our county, making it hard to find workers. We are understaffed and running lots of overtime." (Plastics & Rubber Products)
  • "Business in telecom is booming. Fiber plant is at capacity." (Chemical Products)
  • "Current trends remain steady. No issues with delivery or costs." (Computer & Electronic Products)
    "Capital equipment sales are steady." (Fabricated Metal Products)
  • "Requests for proposals for new equipment [are] very strong." (Machinery)
  • "Government is spending again. Have received delivery orders." (Transportation Equipment)
  • "Things are starting to pick up. Our business is seasonal and it is that time of year." (Printing & Related Support Activities)
  • "Business conditions are stable, little change from last month." (Miscellaneous Manufacturing)
  • "Incoming sales are improving." (Furniture & Related Products)
  • "Our business is still going strong." (Primary Metals)

Full ISM Breakdown..

 

But as Markit details, output growth is unchanged from February’s 28-month low, and prices charged decline amid further drop in input costs:

“March’s survey highlights sustained weakness across the US manufacturing sector, meaning that overall growth through the first quarter slowed to its lowest since late-2012. Subdued client spending  patterns within the energy sector, ongoing pressure from the strong dollar, and general uncertainty about the business outlook were cited as factors weighing on new order flows in March.

 

“Meanwhile, price discounting strategies resulted in the first back-to-back drop in factory gate charges for around three-and-a-half years, suggesting another squeeze on margins despite lower materials costs across the manufacturing sector."

So – to summarize, US manufacturing sector lost mopre jobs in March than at any time since 2009 BUT the managers that were surveyed by ISM and Markit proclaimed expansion is back and this puts all the pressure back on The Fed once again as more excuses are lost for hiking rates.


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NYPD Cop Who Supervised Arrest of Postal Worker in Road Rage Incident Placed on ‘Modified Duty’

The lieutenant in charge when he and three other plainclothes New York City cops stopped to intimidate and arrest a postal worker who yelled at them for almost hitting his truck has had his badge and gun taken from him and place on “modified duty,” according to the New York Daily News.

Lt. Luis Machado and three other cops were speeding through Brooklyn when they almost hit a postal truck. The driver, Glen Grays, shouted at the cops, who backed their car up to confront him after he yelled at them.

Video of the incident went viral, embarrassing the department, so the NYPD launched an internal affairs investigation:

The postal truck was left in the middle of the road.

Lt. Machado was placed on “modified duty,” meaning he continues to be paid while stripped of his gun and badge and unable to do pretty much any police work.

The incident illustrates how important police reform is and why merely focusing on individual cops won’t do much to deal with systemic police violence.

Law enforcement officials talk a lot about their “professionalism.” The NYPD and police departments around the country ought to have “zero tolerance” for behavior that could indicate bigger problems, to get disturbed officers off the force before they kill. Cops who display an inability to control their emotions, a propensity to abuse their power, or a lack of situational awareness about the way their actions create risk (from unnecessary confrontations to leaving unnecessary hazards like a postal truck in the road), ought to lose their jobs.

Police unions and the contracts they have been able to negotiate with local governments thanks to privileges granted on the state and federal level make dealing with police violence in a proactive and effective way far more difficult. Police unions, by nature, produce rules that will help bad cops. Black Lives Matters’ Campaign Zero identified “fair police union contracts” as one policy reform that could reduce police violence, and targeted particularly egregious provisions in police contracts with a separate website and data collection project, Checkthepolice.org.

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In 24 Hours Gartman Flips From “Don’t Fight The Fed” To “A Major Downside Turning Point Is Upon Us”

When documenting Gartman’s latest flip-flop yesterday just after 12 pm, in which the “world renowned” CNBC contributor and newsletter writer finally threw in the bearish towel, a position he had stuck with since March 16. This is what he said:

We may not agree with what Dr. Yellen is proposing… and what she will pursue… or why she is proposing and pursuing it… but it is not our duty to argue and then to take positions openly at odds with her, for as the great, departed and greatly missed Mr. Marty Zweig always said, “Don’t fight the Fed.”  We have no actual net long or short position in equities, however.”

We then warned that “the rally may be on its last legs“, and at that exact moment, the S&P topticked its intraday high of the day.

Fast forward to today, when – with condolences to the bears – it appears the downside following today’s “good news is bad news” report may be limited because Gartman has, once again flipped. To wit:

The fact that all ten markets comprising our International Index have fallen is of interest for it is exceedingly rare when such unanimity of direction takes place. However, when it does and especially when it does after sustained moves previously it is usually all the more consequential. The few times that we’ve seen all ten markets move lower have almost always been followed by further and material weakness. Coupling that history with the fact that the CNN Fear & Greed Index had reached 78 at one point late last week and has turned  lower, and further given that a goodly portion of the buying this week has been of the short-covering kind following Dr. Yellen’s speech to the Economics Club of New York, and coupling those notions with the fact that the margin levels on the NYSE have turned lower, we arrive at the possibility that a major turning point to the downside is hard upon us.

So… fight the Fed after all? Under other conditions we would speculate that this is just another April fools joke report, but then again, this is Gartman.

Joking aside, we may be in for a range-bound market once again, at least until Dennis goes bullish again, and we would not be at all surprised to see the market levitate (on no volume of course) back to green by the end of the day.


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DARPA Unveils Latest Military Tech Weapon: New at Reason

The Defense Advanced Research Projects Agency (DARPA) announces the latest in cutting-edge military technology in this promotional video released exclusively through Reason TV.

The new Cranial Response Online Weapons Network will allow instant executive branch-level command of U.S. military resources, without the need for congressional authority, debate, or national unity.

Approximately 1:55 minutes.

View this article.

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Waiters And Bartenders Rise To Record, As Manufacturing Workers Drop Most Since 2009

On the surface, the March jobs reported was better than expected… except for manufacturing workers. As shown in the chart below, in the past month, a disturbing 29,000 manufacturing jobs were lost. This was the single biggest monthly drop in the series going back to December 2009.

 

But not all is lost: as has been the case for virtually every month during the “recovery”, virtually every laid off manufacturing worker could find a job as a waiter: in March, the workers in the “Food services and drinking places” category, aka waiters, bartenders and minimum wage line cooks, rose again to a new record high of 11,307,000 workers, an increase of 25K in the month, offsetting virtually all lost manufacturing jobs.

This is how the two job series have looked since the start of 2015: 24k manufacturing jobs have been lost in the past 14 months compared to an increas of 365K food service workers.

 

And here is the longer-term, going back to the start of the crisis in December 2007: please do not “peddle fiction” upon seeing this chart.


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“Good” News Is Bad Again? Commodity Carnage Continues Post-Payrolls

It appears Goldman clients are once again taking a bath. Having proposed that with monetary concerns temporarily sidelined, "good news should be good news for risky assets," today's better-than-expected jobs print (following China's better than expected PMIs) has sent stocks lower, bonds higher, and crack gold and oil… 

Stronger USD has sent commodities reeling…

 

Extending overnight losses from China's "Good" news…

 

But bonds are bid as stocks slip lower…

 

As we pointed out just yesterday, Goldman suggested a "test" forits own progonostication:

…sensing the muppets' rage if they are all piledriven once more, Goldman provides a useful test to determine if at least this time it will right: that test will be the market's reaction to tomorrow's payrolls. Goldman says that as of this moment "good news should be good news for risky assets" – well, tomorrow's NFP will demonstrate that: if payrolls come in above the 210K consensus, then stocks should surge… assuming Goldman is right.

 

Put differently, with monetary concerns temporarily sidelined, good news should be good news for risky assets. Tomorrow’s economic calendar will provide an interesting test. We expect US data to be moderately stronger than expected. Consensus forecasts expect nonfarm payrolls to rise 210k vs. 220k for GS (from 242k last month) and ISM manufacturing to rise to 50.5 vs 51.0 for GS (from 49.5 last month).

 

Alternatively, if payrolls miss big, then the market should tumble. We'll know if Goldman, which two months ago said to short gold, will finally have at least one correct call.

It appears, once again, the Goldman clients have been Gartman'd…

 

The bottom line is simple – with China's recovery back on, and Chinese FX and equity market volatilitry "under control", The Fed is leftg with little excuse for "international developments" and is thuis forced to focus on domestic data – which, through various smoke and mirrors, is strong… therefore, for the free-money addicts "good" news is terrible news – especially at a 23x GAAP P/E.


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