If Trump Wins, Libertarian Legal Scholar Randy Barnett Wants a New Party

As noted here yesterday, the prospect of Donald Trump winning the Republican presidential nomination or the actual presidential election in November has spurred all sorts of responses from members of and fellow travelers with the GOP. Two examples: Radio host Hugh Hewitt has said he’s all in for whomever the Republicans nominate while freshman Nebraska Sen. Ben Sasse claims he’ll never vote for The Donald.

Then there’s the libertarian legal giant, Randy Barnett of Georgetown Law School.

As one of the architects of the legal challenge to Obamacare’s individual mandate, Barnett is an outspoken opponent of governmental overreach who is often critical of the Republican Party’s own excesses on that score. At the same time, he has never been shy about calling out what he says is “the mistake that is the Libertarian Party.” Despite his anarchistic tendencies, Barnett has long held that third parties are wasteful indulgences in a two-party system such as our own.

And yet here he is, in USA Today with a full-throated cry to establish a new political party if Donald Trump actually becomes the GOP’s presidential nominee:

[Trump has] made clear he cares nothing for the constitutional constraints on the president, or on government generally. His ignorance of our republican Constitution — to match his ignorance of much else — and his strong-man approach to governance would make Trump’s election a political cataclysm second only to Southern secession in its danger to our constitutional republic.

For this reason, millions of patriotic Americans who would ordinarily vote GOP — including most conservatives and all constitutionalists — will never vote for him. Yet were he somehow to win without them — say by moving to the left of Hillary Clinton to capture the Sanders vote — a Trump presidency would doom America as an exceptional nation.

Well, maybe. I think the threat posed either by Trump winning the GOP nomination or the actual election come Novermber is overblown. There is no doubt that Trump has little to no idea how the goverment actually works (hence his inane discussion of his sister the judge “signing” legislation just like Samuel Alito of the Supreme Court!). And his natterings about “opening up” libel laws so he could more easily sue The New York Times and other media that criticize him. At the very least, such sentiments display a touch of Berlusconi that should be anathema to Americans, legal and illegal. Yet this sort of skylarking strikes me as similar to Ted Cruz (a Harvard Law grad, right?) braying about “judicial retention elections” for Supreme Court justices (both Cruz and Trump are also sour on birthright citizenship, too). Which is to say: Such ideas are idiotic, contemptible, outlandish, and…more impotent than a Hemingway protagonist. Emperor Trump ain’t gonna happen, for all sorts of reasons that I’ll get to in a second. 

At the same time, Barnett is right that Trump is a profoundly stupid and ignorant man. Indeed, he’s ignorant in the way that only billionaires can pull off (because only the very rich can afford to surround themselves with so many yes men that they never learn when they are wrong about anything). But being stupid is no crime in America and especially in the nation’s capital.

I may be overly jejune about it all, but I see a Trump candidacy and/or White House stay as quite possibly a powerful refresher course in civics and citizen engagement. As libertarian-leaning Rep. Justin Amash told Reason in a new interview at the International Students for Liberty Conference last week, Trump “cares about power. He doesn’t really care about things like the Constitution. And I’m concerned that he could push us in a very dangerous direction.” But I’d say it’s far more likely that both the GOP and Democratic members of Congress would dust off the Constitution, a document they all spent plenty of time ignoring so far in the 21st century, and get serious about limiting government the minute Trump started barking orders.  

Having said that, Trump’s comments and ire directed at immigrants, particularly Mexicans, are truly vile and disturbing, all the more so because they are redolent of fascist big men who are always yapping about homelands being invaded by people who come here to cut your grass on the cheap. My hope there is a Trump candidacy or even presidency will flush the nativist sentiment not just out of the Republican Party but out of acceptable political discourse. The dirty secret of U.S. politics is not that we don’t like immigrants (even illegal ones) but that we actually love immigrants (even and maybe especially illegal ones). Last summer, for instance, even as Trump and most of the other GOP candidates were denouncing immigrants, “sancturary cities,” the popularity of soccer, and the like Gallup found that 65 percent of Americans favored a “path to citizenship” for illegal immigrants. In fact, even 50 percent of self-described Republicans did. Not just legalization, but citizenship.

And let’s be clear: Trump may be the one who has most fully seized on being anti-immigrant as a political issue, but he’s far from alone among Republicans in pushing such a nativist agenda. Ted Cruz, for instance, has called for deporting all 12 million (or so) illegals, and back in 2012, Mitt Romney called for “self-deportation” as a way to forestall forced deportation (what a sweetheart).

When George W. Bush introduced his version of the Dream Act after winning re-election in 2004, it was his fellow Republicans as much as pro-union Democrats who strangled the plan in the crib. And diehard GOP stalwarts such as Sen. Jeff Sessions of Alabama (who has counseled both Trump and Cruz on the issue) and Rep. Steve King of Iowa (who has repeatedly likened migrants to livestock and mocked the “cantaloupe calves” of Mexicans trying to better their lives aren’t exactly outliers in the Party of Lincoln.

Which isn’t to say I disagree with Barnett’s call for a brand-spanking-new party:

What the nation needs is a new party that is expressly dedicated to upholding the Constitution of the United States, however it may cut politically — a party that can attract principled conservatives, but also any American who is tired of crony capitalism, runaway government and rule by an out-of-touch political class….

Parties die. The Whigs died because they could not bring themselves to stand against the Democratic Party that overwhelmingly supported or, at least, tolerated slavery in the South and its extension into the territories, thereby threatening the North. So a new Republican Party very quickly arose to replace it. Now the national GOP establishment’s failure to listen to the people is on the verge of giving us Donald Trump. If it does, it deserves to be replaced by a party that puts the Constitution first and politics second.

It is (almost) time for an American Constitution Party.

Read the full article.

Yes, it’s always time for an American Constitution Party. And the plain fact of the matter is that each of the existing major parties, whose origins date back to before the Civil War, have violated the spirit and letter of the Constitution so frequently and pervasively each deserves to go the way of A&P, Woolworth’s, Enron, the Canton Bulldogs, and other once-great institutions of the United States.

I’ll add just this much: The Democratic Party establishment is no great shakes, either. Bernie Sanders’ campaign will almost certainly die tonight, but the fix was in on him from the get-go, thanks to the Dems’ super-delegate scam and other processes that all but awarded the nomination to Hillary Clinton before the primary process ever got started. And yet, just as the GOP establishment failed to realize how angry Republican voters and independents were after eight years of an awful, out-of-control George W. Bush presidency, so too are Democrats and independents pissed at Obama. He got everything he wanted in his first two years, which is the main reason why the Republicans clawed their way back to at least partial power in Congress. Since then, Obama has shredded the Constitution when it suits his purposes, obfuscated about all sorts of terrible policies such as secret kill lists and unacknowledged drone wars, and simply failed in producing any sort of tangible successes in improving the economy or America’s standing in the world. At least in her fight against Sanders, Clinton has portrayed herself as a champion and inheritor of President Obama’s policies. Good luck getting elected with that as a platform.

Then again, against Candidate Trump, how can anyone lose…?

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The Oscars Wanted Parents to Worry About Child Abduction and Rape

OscarsIn a piece for today’s New York Post, I wrote about how the Oscars seemed completely fixated on the evils of not just racism, but rape. Especially child rape.

The Academy Award for Best Film was about child rape (Spotlight), the Best Actress winner starred in a movie about abduction and rape (Room), and Vice President Joe Biden showed up and spoke about campus rape (as if it’s more prevalent than off-campus rape, which it’s not). Then rape survivors were featured on stage, and Lady Gaga sang about rape for a documentary about rape. And when ABC cut to commercials, often it was to advertise its own new show, The Family, which is about a child kidnapped and held captive for 10 years. Maybe there was no rape involved. Maybe it was just a wholesome stranger abduction.

The thing is, since no one is for rape, you have to wonder why the entertainment industry is so invested in showing us how against rape it is.

Nancy McDermott, author of the forthcoming book, The Problem with Parenting, turned a lightbulb on for me with this thought:

With the #OscarsSoWhite issue hanging over them, “the only way the Academy could get back any moral authority was to fixate on child abuse.”

Her analysis reminded me of a wonderful essay by Fred Clark that talked, in part, about the flood of letters to the editor a newspaper received following an article on a kitten burning:

Those letters and comments were uniformly and universally opposed to kitten-burning. Opinion on that question was unanimous and vehement. 

But here was the weird part: Most of the commenters and letter-writers didn’t seem to notice that they were expressing a unanimous and noncontroversial sentiment….[T]hey seemed to think they were exhibiting courage by taking a bold position on a matter of great controversy.

When our whole society is at odds about everything else—immigrants, the economy, education—perhaps the one thing we can all agree on (even while congratulating ourselves for being so evolved) is that we hate rape, especially the rape of children. This shared revulsion could be the glue still holding us together.

The problem with this particular glue is that we have poured it all over everything, to the point where it sticks to almost every aspect of our lives. It’s not just all over the Oscars, and TV, and the news. It’s part of our everyday lives. When we consider giving our kids even an ounce of unsupervised time, we can’t get the door open because it, too, is glued shut with fear. As I wrote in The Post:

When the entire entertainment world starts to look like “Law & Order SVU,” all of us — but especially parents — become terrified. And that has a direct impact on how we raise our kids. 

As you might have noticed, most kids don’t walk to school anymore. Safe Routes to Schools puts the figure at 13 percent. And most kids don’t play in the park after school either, unless they’re doing organized, supervised sports. The Child and Nature Network says only 6 percent of kids age 9 to 13 are playing outside on their own each week.

Of course, technology plays its part in keeping kids inside, but another part of the reason is parental fear.

Recent studies of parents’ top five fears found kidnapping was No. 1 and “Stranger Danger” No. 4.

Obviously we all want our kids to be safe. Obviously, this is not a pro-rape blog post. It is a post that insists we look at the damage done by fixating on child abduction and rape. Why do people call 911 the second they spot a child outside? Because in everything they watch, see, and hear, an unsupervised child is about to be kidnapped. 

When we overestimate danger, we are compelled to overprotect kids. The results are empty parks, empty streets, empty playgrounds, and lots more time spent staring at screens.

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Today’s Rally “Explained” In Just Two Headlines

At precisely 10:00am this morning, Reuters’ journalist Abhiram Nandakumar issued a report which tried to “explain” what is going on and why stocks are soaring. This is what he came up with (link):

 

However, appears that someone did not like Reuters “peddling fiction” that the only reason stocks are soaring is for the same reason they have gone up for the past 7 years, namely hopes (either realized or not) of more central bank stimulus to fix the deteriorating economy, and Abhiram got a tap on the shoulder.

As a result, here is what the above article was promptly revised to in under two hours (link).

 

To summarize: the “bad” data which was originally so poor it prompted hope of more stimulus and let Wall Street surge, was subsequently seen as “data” that no longer spurs stimulus hopes but now points to economic recovery. Wall Street surged some more.

And now you know all there is to know.


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According to Larry “Ban $100 Bill” Summers, Donald Trump Is The “Greatest Threat To American Democracy”

Last week, Larry Summers took on the $100 bill.

Now, he’s taking aim at the man who, if it were up to him, would be on that banknote. In a new Op-Ed for The Washington Post, Summers calls Donald Trump “the greatest present threat to the prosperity and security of the United States.”

While we’re reasonably sure readers will disagree with Summers on any number of points, it’s worth reflecting on the following essay because whatever you think about Summers and whatever you think about Trump, some of what you’ll read below is worth serious consideration, if only for what it says about why Trump is the dominant force in American politics.

*  *  *

From “Donald Trump Is A Serious Threat To American Democracy

While comparisons between Donald Trump and Mussolini or Hitler are overwrought, Trump’s rise does illustrate how democratic processes can lose their way and turn dangerously toxic when there is intense economic frustration and widespread apprehension about the future. This is especially the case when some previously respected leaders scurry to make peace in a new order — yes Chris Christie, I mean you.

The possible election of Donald Trump as president is the greatest present threat to the prosperity and security of the United States. I have had a strong point of view on each of the last ten presidential elections, but never before had I feared that what I regarded as the wrong outcome would in the long sweep of history risk grave damage to the American project.

The problem is not with Trump’s policies, though they are wacky in the few areas where they are not indecipherable. It is that he is running as modern day man on a horseback—demagogically offering the power of his personality as a magic solution to all problems—and making clear that he is prepared to run roughshod over anything or anyone who stands in his way.

Trump has already flirted with the Ku Klux Klan and disparaged and demeaned the female half of our population. He vowed to kill the families of terrorists, use extreme forms of torture, and forbid Muslims from coming into our country.  Time and again, he has claimed he will crush those who stand in his way; his promised rewrite of libel laws, permitting the punishment of the New York Times and The Washington Post for articles he does not like, will allow him to make good on this threat.

Lyndon Johnson’s celebrated biographer, Robert Caro, has written that while “power doesn’t always corrupt…[it] always reveals.” What will a demagogue with a platform like Trump’s who ascends to the presidency do with control over the NSA, FBI and IRS?  What commitment will he manifest to the rule of law? Already Trump has proposed that protesters at his rallies “should have been roughed up.”

Nothing in the way he campaigned gave Richard Nixon a mandate for keeping an enemies list or engaging in dirty tricks.  If he is elected, Donald Trump may think he has such a mandate. What is the basis for doubting that it will be used?

To be sure there are precedents in American politics for Trump. Precedents like Joe McCarthy, George Wallace, and Huey Long. Just as Trump does, each mined the all too rich veins of prejudice, paranoia and excess populism that lie beneath American soil. Yet even at their highest points of popularity, none of these figures looked like plausible future presidents. One shudders to think what President Huey Long would have done during the Depression, what President Joe McCarthy would have done at the height of the Cold War, or what President George Wallace would have done at the end of the turbulent 1960s.

My Harvard colleague, Niall Ferguson, suggests that William Jennings Bryan is the right precursor for Trump. This comparison seems unfair to Bryan who was a progressive populist but not a thug, as evidenced by the fact that he ended up as secretary of state in the Wilson Administration. Trump’s election would threaten our democracy. I doubt that democracy would have been threatened if Bryan had beaten McKinley.

Robert Kagan and others have suggested that Trump is the culmination of trends under way for decades in the Republican Party. I am no friend of the Tea Party or of the way in which Congress has obstructed President Obama. But the suggestion that Trump is on the same continuum as George W. Bush or even the Republican congressional leadership seems to me to be quite unfair.

Even the possibility of Trump becoming president is dangerous. The economy is already growing at a sub-two percent rate in substantial part because of a lack of confidence in a weak world economy.  A growing sense that a protectionist demagogue could soon become president of the United States would surely introduce great uncertainty at home and abroad. The resulting increase in risk premiums might well be enough to tip a fragile U.S. economy into recession. And a concern that the U.S. was becoming protectionists and isolationist could easily undermine confidence in many emerging markets and set off a financial crisis.

The geopolitical consequences of Donald Trump’s rise may be even more serious. The rest of the world is incredulous and appalled by the possibility of a Trump presidency and has started quietly rethinking its approach to the United States accordingly.  The U.S. and China are struggling over influence in Asia.  It is hard to imagine something better for China than the U.S moving to adopt a policy of “truculent isolationism.” The Trans-Pacific Partnership, a central element in our rebalancing toward Asia, could collapse. Japan would have to take self-defense, rather than reliance on American security guarantees, more seriously. And others in Asia would inevitably tilt from a more erratic America towards a relatively steady China.

Donald Trump’s rise goes beyond his demagogic appeal. It is a reflection of the political psychology of frustration – people see him as responding to their fears about the modern world order, an outsider fighting for those who have been left behind. If we are to move past Trumpism, it will be essential to develop convincing responses to economic slowdown.

The United States has always been governed by the authority of ideas, rather than the idea of authority.  Nothing is more important than to be clear to all Americans that the tradition of vigorous political debate and compromise will continue. The sooner Donald Trump is relegated to the margins of our national life, the better off we and the world will be.


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“VIX Tails” Send Dow Up 350 Points From Overnight Lows

A more wonkish conspiracy-theorizing onlooker might suspect that the increasing ubiquitousness of VIX tails is sending a message to markets of what to do next…

VIX Tails objective reached…

 

The Dow is up 350 off overnight lows – bouncing hard off the 50-day moving-average…

 

Note, the ramp in the major indices is VIX-driven, and JPY-driven… watch 114.00 for a stall…

 

This is not just another “short-squeeze”

 

Charts: Bloomberg


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China’s Mass Unemployment Wave Begins: Six Million Workers To Get Pink Slips

Back in November, just as the world’s attention was focusing on China for long-overdue reasons including a slowing economy, debt at well over 300% of GDP, an artificially high exchange rate whose devaluation is causing market shockwaves around the globe, a reflating housing bubble, a burst stock market bubble and non-performing loans, as high as 20%, when we pointed out the one “most under-reported” risk virtually nobody was talking about: Chinese employment.

… one risk, perhaps the biggest one, which has so far flown deep under the radar, is also the biggest one – which may explain why so few have noticed it – namely social discontent, resulting from a breakdown in recent “agreeable” labor conditions, wage cuts and rising unemployment, leading to labor strikes and in some cases, violence.

We then pointed out a disturbing indicator: the number of labor strikes in China, as a result of deteriorating labor conditions, sliding wages and surging unemployment, had become exponential.

 

Since then the media’s attention did shift to this biggest, if no longer-underreported risk if not in the international arena then certainly to the domestic “growth” story: the imminent surge in unemployment as China’s slowing economy is finally “passed down” to the worker level.

We received the first evidence overnight, when in the Markit report confirming China PMI deteriorating manufacturing, it also noted that “staff numbers declined at the sharpest rate since January 2009 during February. Companies that recorded lower headcounts widely commented on company downsizing policies as part of cost-cutting initiatives, along with the non-replacement of voluntary leavers. Despite lower employment, manufacturers were able to work through outstanding business during February. Though marginal, it was the first reduction in the level of work-in-hand since April 2015.

In other words, a labor bloodbath.

Today, Reuters finally peels away the first layer of just how bad China’s mass layoff wave will be when it reports that China aims to lay off 5-6 million state workers over the next two to three years as part of efforts to curb industrial overcapacity and pollution.

This admission, the first of many, will cost China.

As Reuters adds, “China’s leadership, obsessed with maintaining stability and making sure redundancies do not lead to unrest, will spend nearly 150 billion yuan ($23 billion) to cover layoffs in just the coal and steel sectors in the next 2-3 years.”

That number, coming from the government, is laughably lower that what our own estimate of how much it would cost China to preserve the peace, a number which will likely be in the CNY11+ trillion range.

Needless to say, the overall figure is likely to rise as closures spread to other industries and even more funding will be required to handle the debt left behind by “zombie” state firms.

The term refers to companies that have shut down some of their operations but keep staff on their rolls since local governments are worried about the social and economic impact of bankruptcies and unemployment. Shutting down “zombie firms” has been identified as one of the government’s priorities this year, with China’s Premier Li Keqiang promising in December that they would soon “go under the knife”.

As forecast here all throughout 2015, it was just a matter of time before China had no choice but to unleash the mass pink slips, and that is about to happen: “the government plans to lay off five million workers in industries suffering from a supply glut, one source with ties to the leadership said.”

A second source with leadership ties put the number of layoffs at six million. Both sources requested anonymity because they were not authorized to speak to media about the politically sensitive subject for fear of sparking social unrest.

Putting this number in context, the hugely inefficient state sector employed around 37 million people in 2013 and accounts for about 40 percent of the country’s industrial output and nearly half of its bank lending.

According to Reuters, this would be China’s most significant nationwide retrenchment since the restructuring of state-owned enterprises from 1998 to 2003 led to around 28 million redundancies and cost the central government about 73.1 billion yuan ($11.2 billion) in resettlement funds.

There are two big problems with this low-balled estimate. The first is that as China aims to cut capacity gluts in as many as seven sectors, including cement, glassmaking and shipbuilding, the downstream labor effects will be massive, and they will impact not only the public sector but all the countless workers in the private sector that service them.

According to some of the more bearish sellside estimates, as many as 20-30 million workers in both the public and private sectors will lose their jobs as a result of the massive overcapacity retrenchment that China will undergo in decades. Even that number may be a low estimate if the worst case scenarios about Chinese bad loans materializes.

The second problem is more nuanced.

The Ministry of Finance said in January it would also collect 46 billion yuan from surcharges on coal-fired power over the coming three years in order to resettle workers. In addition, an assortment of local government matching funds will also be made available.

However, the funds currently being offered will do little to resolve the problems of debts held by zombie firms, which could overwhelm local banks if they are not handled correctly.

“They have proposed this dedicated fund only to pay the workers, but there is no money for the bad debts, and if the bad debts are too big the banks will have problems and there will be panic,” said Xu Zhongbo, head of Beijing Metal Consulting, who advises Chinese steel mills.

In other words, China is about to unleash a war on two fronts resulting from its slowing economy, one dealing with soaring NPLs, which as a reminder is the basis of Kyle Bass’ bearish thesis on China and why he and many others think China will need massive devaluation in the coming year; the second will be dealing with the social fallout from the imminent mass layoff wave.

How any of this will happen is not clear:

Factories shut down would have to repay bank loans to avoid saddling state banks with a mountain of non-performing loans, the sources said. “Triangular debt”, or money owed by firms to other enterprises, would also have to be resolved, they added.

 

Although China has promised to help local banks transfer the bad debts of zombie steel mills to asset management firms, local governments are not expected to gain access to the worker lay-off funds until the zombie firms have actually been shut down and debt issues settled.

As for the 150 billion yuan earmarked to provide “social unemployment insurance”, one thing is certain – almost none if any of these funds designed to appears the newly unemployed, will actually reach the broader population.

Ultimately, Beijing’s attempt to centrally plan a transition into a regime with “unemployment claims” will fail, unleashing what China’s riot police has been preparing for ever since 2014, something we profiled in “Chinese riot police train for a “working class insurrection.”

Consider the photos below a preview of what China is about to unleash domestically as it begins handing out the mass pink slips.


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Indiana Prosecutor Bradley Cooper Is ‘Proudly Over-Crowding our Prisons’

Backlash alert! As American conservatives and liberals alike embrace criminal justice reform, those opposed are blatantly bragging about their overcriminalization agendas. One particularly gross example: a new campaign mailer from Johnson County, Indiana, Prosecutor Bradley D. Cooper, which announces that he has been busy “proudly over-crowding our prisons.” 

The flyer also features mugshots from convicted criminals, along with what they were found guilty of and what prison sentence they were given. It includes a man who was sentenced to 40 years in prison for selling meth, a man convicted of manslaughter who died while in prison, and a man who received a 40-year sentence for burglary. 

In the latter case, William A. Russell was arrested after breaking into someone’s home and stealing $52. For that offense, he was sentenced to 20 years in prison. A trial court also determined that he was a “habitual offender,” which qualified him for a sentencing enhancement of 20 years. 

Another of the offenders featured is Amanda Smith, a schizophrenic woman who drowned her son in 2012 while he was on a court-ordered overnight visit from foster care; she claimed it was God’s will and turned herself in immediately afterward. Smith’s lawyers argued for her to be sent to a state mental hospital, but a judge sentenced her to 55 years in state prison instead.  

Last year, Cooper made a fuss that a man accused of forcible rape was only eligible to receive 63 years behind bars, pursuant to a 2014 change to Indiana’s criminal code. Previously, the man could have received a maximum sentence of 168 years in prison. Cooper called the sentencing-reform measure the “hug a thug” law and accused the state of coddling violent criminals. 

In 2011, Cooper—who has been serving as Johnson County prosecutor since 1994—was accused of staking out a local detective’s home in search of a woman he was pining over. Detective Ryan Bartlett reportedly found Cooper and another man parked in a van outside his home. According to the incident report Bartlett filed, Cooper was in the passenger’s seat holding an open beer bottle when Bartlett approached and initially attempted to hide his face. The driver, who turned out to be a suspended police officer facing criminal charges, told Bartlett that he and the prosecutor were searching for a woman who worked at the Sherriff’s office and whom they had believed was in Bartlett’s house.

According to Johnson County Sheriff Doug Cox, Cooper—who is married—was thought to be having or attempting to have an affair with the (also-married) woman, whom he allegedly sent text messages and emails to from his work accounts and visited at home. Cooper reportedly said he was “messed up in the head over” the woman and “was having a really difficult time handling it.” The incident was reported to the Indiana Supreme Court Disciplinary Commission but no action was taken.

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This entire system is rigged against your prosperity

On January 26, 1841, two years into the First Opium War between China’s Qing Dynasty and the British Empire, Commodore Sir Gordon Bremer hoisted the British flag above Possession Point in Hong Kong.

At the time the island’s population numbered less than 10,000. Most were illiterate fishermen.

Hong Kong was also devoid of any meaningful natural resources except for well-placed geography.

So when the war ended in 1842 and British diplomats formally annexed Hong Kong into their empire, they turned it into a free port almost immediately.

This means that no taxes were charged on goods traded in Hong Kong—an anomaly back then.

Governments routinely squeezed trading posts for tax revenue, taking a cut of all goods shipped through the port.

Governments still do this today, charging custom duties and other taxes on imported goods crossing their borders.

As a free port, Hong Kong immediately attracted entrepreneurs and speculators from all over the world to set up their operations.

People were attracted to the low tax environment, and the fact that the imperial government bureaucrats were over 5,000 miles away.

Trade quickly flourished. And as commercial activity grew, the island prospered and rapidly became more developed.

People migrated to Hong Kong based on the premise that, just like in America, they could work hard and make a life for themselves.

Within 20 years the population had increased over ten-fold. And it kept growing.

Hong Kong became a boomtown, earning a reputation as a swashbuckling paradise for risk-takers.

This freewheeling, Wild East attitude paid off.

Today Hong Kong is one of the wealthiest places in the world, with a GDP per capita and standard of living that outpaces most of the West.

It’s modern and advanced; the city skyline is beautiful– there are 50% more skyscrapers here than in New York City.

Taxes in Hong Kong are still among the lowest in the world.

Yet the government is awash with cash and regularly sends surpluses back to its citizens.

They maintain almost unparalleled financial reserves.

And instead of having to pay interest on debt, Hong Kong generates substantial income from interest and investment gains on its huge pool of savings.

Hong Kong is far from perfect. But this illiterate fishing village did pretty well for itself. And it’s not hard to figure out why: freedom.

“Freedom” is an often-misunderstood word.

As G. Edward Griffin, author of the wonderful book The Creature from Jekyll Island told us over the weekend, people think that they’re free as long as they’re not in jail.

And while that may be true, it doesn’t scratch the surface of what it means to be free.

Freedom also means being able to make mistakes… to take risks… and either suffer the consequences of bad decisions or enjoy the rewards of good ones.

This has been a huge part of Hong Kong’s success. And it used to be part of America’s as well.

This isn’t rocket science. The Universal Law of Prosperity is very clear– in order to build wealth you have to produce more than you consume.

But the more rules, regulations, and taxes there are, the more difficult it is to produce.

This is precisely the economic problem in the Land of the Free today.

They’ve created a political system that churns out 80,000+ pages of regulations each year, making people less free and more encumbered to produce.

And these regulations require more government, which can only be funded by more debt and more tax revenue.

Yet at the same time, their monetary system of ultra-low interest rates encourages people to spend money and go into debt.

This system makes the US, and most Western countries, easy to be a consumer. But it’s becoming more difficult to be a producer.

They reinforce this early, sending police to shutter children’s lemonade stands who didn’t apply for a permit. Or calling Homeland Security on teenagers selling snow-shoveling service door-to-door.

This entire system is rigged against the Universal Law of Prosperity.

And when all the incentives make it easier to consume than produce, it’s not hard to figure out where this destructive path will ultimately lead.

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Most “Priced In” Policy Since 2011 – Why Draghi Better Not Disappoint

Mario Draghi better put up or shut up at the next ECB meeting as the market is more-than-pricing-in a very significant deposit rate cut (deeper into NIRP). In fact, at -56bps, 2Y German bond yields are the most "priced in" since 2011 (and bear in mind he disappointed in December).

 

And in close up – Draghi "disappointed" in December

 

Though ironically that surge in yields in December enabled more Bunds to be eligible (albeit briefly) for Draghi's mass purchase scheme.

SocGen expects a 20bps cut, but warns "other tools" are possible including more OMT and helicopter money:

This is what is next on the ECB's agenda:

  1. A 20bp cut in the deposit rate in March, to -0.5%, mainly in order to steepen the yield curve, likely with an announcement of an immediate or forthcoming introduction of a two-tier charge on excess reserves allowing the ECB to soften the impact on banks by exempting parts of excess reserves from the lowest rate. Our best “guesstimate” of the effective lower bound, based on the experience in smaller currency jurisdictions, is around -0.75%, but there is no technical limit per se;
  2. Extension of the TLTRO for one year, also in March, with four additional auctions until June 2017. Given that the recovery in investment has been slower than expected, there is an argument for maintaining the incentives for lending to the corporate sector, until a sustainable investment recovery takes shape. We would expect the same conditions to apply in terms of banks’ reporting obligations and with a fixed interest rate at the current MRO rate, with loans maturing in September 2019 or possibly a rolling three year ahead horizon. A specific reason for the ECB to prolong this programme is that counterparties that used this facility in the first two auctions paid a spread (later abolished) and will be able to repay these loans (€212.4bn) as of September 2016. With both pricing and regulatory factors increasingly weighing on the current TLTROs, we see strong reasons for the ECB to be even bolder, be it by lengthening maturities (forward guidance) or lowering the interest rate, possibly even into negative territory. In case consumer confidence starts faltering, including mortgage lending in the TLTROs may be an option; and
  3. Extension of the Asset Purchase Programme (APP) until December 2017. We currently don’t expect the (core) inflation outlook to improve sufficiently to end the APP in March 2017. Instead, we see a tapering to start around that point (reducing monthly purchases by €15bn each quarter), with purchases ending in December 2017, also in view of liquidity issues increasingly coming to the fore in 2017. This extension/tapering could be announced in H2 2016.

For the next meeting in March, we do not expect asset purchases to be accelerated, given the uncertainties over oil prices, the external outlook and liquidity. Recent concerns over banks’ profitability in an environment of low yields could also suggest some caution from the ECB to flatten the yield curve further, although, arguably, the ECB will also be concerned with pushing investors out of government bonds into less liquid and riskier assets. Importantly, any increase in the APP now would lead to questions over where the ECB could find assets in the future, if the APP is extended. A few clarifications could thus come as early as at the March meeting, depending also on the perceived financial market stress. Here we list a few options for the ECB in March, in order of likelihood:

  • Expanding into non-financial corporate bonds remains a possibility, but with limited volumes available, easing stress in the credit markets. Similarly, expanding collateral eligibility, or accepting non-performing loans in certain ABS formats as collateral, could support the securitization market.
  • Signalling the possible abolishment of the lower interest rate bound for APP. This limit is in place to stop the Eurosystem from making (automatic) losses on the APP. However, there is also a preference among some central banks for purchasing shorter maturities to avoid duration risk. A clearer agreement on profit and loss distribution in the Eurosystem could support an opening for allowing limited buying below the deposit rate, specifically enlarging the available German bond universe, although the legal hurdles still appear high;
    and
  • Signalling that changes in the issue share limit for non-CAC bonds and/or the country share limit remain possible. However, we think it will be difficult for the ECB to motivate such changes, in particular as regards the country share limit, due to risks of such a move being perceived as supporting fiscally weaker countries. Allowing for higher purchases of non-CAC bonds would be easier but could impact negatively on fragmentation.

Other more technical options that are possible in March include:

  • Details on purchases of regional government bonds;
  • Expansion of the list of public agencies, including more utilities (bordering on corporate bonds);
  • Following the Japanese example of adjusting the volumes for which negative rates are applied to mirror changes in cash holdings. This is an innovative way of removing the incentive to hoard cash (there is also some discussion on the merits of abolishing the €500 note, which would also make it harder to hold cash), and could thus make monetary policy more effective; and Sharpen communication on “forward guidance”, changing the current language of rates staying low for an “extended period”, or, better, providing future interest rate forecasts (à la the Fed’s dots or the Swedish central bank’s interest rate path).

Finally, here is a look at the ECB's full remaining toolkit:

With Draghi again signalling further easing, markets are closely scrutinising the tools at the ECB’s disposal. The remaining policy options relate to: 1) interest rates, 2) the asset purchase programme, and 3) liquidity operations, with each instrument depending on the nature of the challenges and the inflation outlook. Here is how we broadly see the ECB action panning out under different scenarios:

1) In a weaker (core) inflation outlook scenario:

  • Cut the deposit rate down to its new lower “effective” bound of around -0.75%;
  • Accelerate APP, with adjustments to the limits and assets likely if the programme extends well beyond March 2017.

2) In response to an unwarranted tightening in monetary conditions:

  • Same as above, but without adding new asset classes and with only temporary foreign exchange interventions.

3) In response to increased fragmentation:

  • Extend targeted liquidity for corporate lending;
  • Reduce MRO rate, possibly to negative, to increase take-up of TLTRO.

Other tools are possible in more extreme scenarios, such as the use of OMT and helicopter money, but would need clear support from governments due to the potential fiscal implications. In extreme adverse scenarios with euro break-up risks, ECB purchase support of
risky assets (bank bonds, ABS, equity) is also viewed as possible.

And finally, Goldman expects the ECB to ease monetary policy (by 10bps) at its March 10 meeting. More specifically, they expect:

  • The rate on the ECB’s deposit facility to be cut by 10bp to -40bp.
  • The announcement of an introduction of a tiered rate system for reserves, although the new system may become effective only at a later stage.
  • The volume of monthly purchases to be increased by €10bn to €70bn.
  • The parameters of the Public Sector Purchase Programme (PSPP) to be left unchanged …
  • … but the prepared statement and/or Mr Draghi's comments during the press conference to stress that the PSPP parameters can be changed in principle should this become necessary in order to counter potential tensions in the financial system.


via Zero Hedge http://ift.tt/1SftciJ Tyler Durden

“Iron Lady” Summarizes Brexit Decision In 3 Words

In 1990, British Prime Minister Margaret Thatcher exclaimed her opposition the common currency and European integration very simply: "No! No! No!" Perhaps it is time to revisit her thoughts as Britain considers leaving The EU.

As DollarCollapse.com's John Rubino notes, as the eurozone spins out of control and Britain considers leaving the European Union, this is a good time to recall some of the debates that led up to the current mess. Here’s Margaret Thatcher being extraordinarily prescient about the common currency and European integration.

 

It’s safe to say that many in Britain are glad that Thatcher and her intellectual successors opposed “a federal Europe” – and that a growing number of Italians, Greeks and Spaniards wish they’d had Thatchers of their own.


via Zero Hedge http://ift.tt/1Qpofzo Tyler Durden