21 October 2020

Progressive taxation is neither fair nor good

Stephen Kershnar
Progressive Taxation
Dunkirk-Fredonia Observer
October 19, 2020

             Presidential candidate Joe Biden announced that on day one, he would repeal President Donald Trump’s 2017 tax cuts and raise taxes another $500 billion by closing loopholes. He plans to spend some of the money on making college, medical care, and pre-K education cheaper, if not free, for many people. He would also lavish money on schools, paying for new guidance counselors, nurses, and psychologists as well as higher pay for teachers. This proposed spending orgy raises the issue of whether it is fair or prudent to ratchet up taxes on the rich and upper middle class.

A progressive tax is a tax in which the tax rate increases as the taxable amount increases. Using 2017 IRS numbers, the National Taxpayers Union reports that the top 50% of all taxpayers paid 97% of all individual income taxes, while the bottom 50% paid 3%. Making matters worse is the fact that the top 1% paid a greater share of individual income taxes (39%) than did the bottom 90% (30%). The rich also paid a higher percentage of their income (top 1% paid 27% of their income) compared to the middle class (top 10% to top 25% paid 11% of their income). As usual, the poor free rode on the others’ labor (the bottom 50% paid 4% of their income). Corporate taxes follow a similar pattern.

Here is another way to see how incredibly progressive taxes are in the United States. If we split taxpayers up into quintiles by income (0-20%, 21-40%, 41-60%, 61-80%, and 81-100%), a 2016 Congressional Budget Office report found that first three quintiles get more in government transfer payments than they pay in taxes. That is, they make money off of the tax system. The fourth quintile pays only 8% of its income in taxes once government transfers are subtracted from their taxes. It is the fifth quintile, upper middle class and rich, that pays a high rate.

We might evaluate these taxes in terms of fairness or goodness (making the world a better place). First, consider fairness. As University of Colorado philosopher Michael Huemer points out, progressive taxation is unfair. He notes that if five friends go out to dinner and later receive the bill, no one would suggest that the person with the most money should pay for the everyone else’s dinners or even most of the cost of their dinners. Instead, the friends would insist that each person pay the cost of his own dinner. Fairness, then, requires that a person pay for his cost.

If we apply this sense of fairness to taxpayers, Huemer notes, we should eliminate progressive taxation. The poor likely cost more and should thus pay more than the rich. The poor get free or subsidized food, housing, medical care, and schools as well as welfare. They also cost more because there is more crime in poor areas. If taxes cannot be a flat amount (for example, $10,000), then they should be a flat rate (for example, 25% of income).

The rich might benefit more from the government – because they have more valuable property to protect – but this is irrelevant. The restaurant goers would not think one friend should pay for others’ dinners merely because he enjoyed his dinner more. In any case, given the crimes rates in poor areas, it is unclear whether the rich benefit more from the government than do the poor.  

The rich likely deserve their income at least as much as do the poor and working class. On average, rich people contribute more economically to their fellow man than do others, which is why the market pays them more. On average, they had to sacrifice more to develop their skills. They also work noticeably longer hours than do others. Hence, they are therefore at least as deserving of keeping their money as are the poor and middle class.

People sometimes argue that the rich have a greater ability to pay taxes than do other groups and, hence, they should pay more. However, an argument is needed as to why a greater ability to pay should result in a duty to pay more. Huemer notes that because the ability to pay depends on wealth, not income, the ability-to-pay argument would suggest that the US replace the income tax with a wealth tax. Yet, few leftists argue for such a replacement. And, returning to the restaurant analogy, the friends would not think it fair to stick the wealthiest friend with the bill.

Second, progressive taxation likely makes the American people worse off. Progressive taxation transfers money from people who benefit less from a given amount of money (for example, $10,000) to people who benefit more from it. This is diminishing marginal utility. However, progressive taxation also reduces the incentive for the rich to engage in productive activities such as starting new businesses, expanding existing ones, or investing their money in other people’s businesses. The rich invest and save at higher rates than do others. In the long run, productivity is more important than diminishing marginal utility. This is especially true given that government skims off a lot of the money that is being transferred and spends it on itself. Worse, the government often transfers money in ways that make things worse (for example, by subsidizing fatherless households). Because economic freedom correlates with happiness, income, and political freedom, lowering taxes on the most productive citizens would probably make the American people happier, richer, and freer.

In general, then, progressive taxes would be replaced with a flat rate, if not a flat amount. It would also be better to transfer some of the taxes the rich currently pay to the poor and middle class. In a democracy, when some people can vote themselves other people’s money, irresponsible spending is sure to follow. Joe Biden’s fevered spending dreams are a case in point.

COVID Lockdowns Are Unconstitutional

Stephen Kershnar

The COVID Lockdown and the Constitution

Dunkirk-Fredonia Observer

October 5, 2020

 

            The United States has suffered worse epidemics (for example, smallpox and the Spanish Flu) and emergencies (for example, the Civil War and World War II) than COVID. Yet the government never before locked down the people similar to what just happened. The American people will regret allowing this to occur as the precedent is now set for in effect suspending the Constitution. 

43 states locked down their people in response to the coronavirus. The lockdown ordered people to stay home and backed it up with criminal sanctions. Only essential businesses were allowed to remain open. Schools and universities were closed. The initial reason given for the lockdown was to flatten the curve (protect hospital capacity). This quickly changed to prevent COVID from spreading. The lockdowns often lacked an end date.

In March and April, seven states (Arkansas, Iowa, Nebraska, North Dakota, South Dakota, Utah, and Wyoming) and a number of countries (for example, Iceland, Japan, South Korea, Sweden, and Taiwan) did not lock their people down. The data tell us that the lockdown orders did not save lives, although this was not known at the time these decisions were made.  

Pennsylvania governor, Thomas Wolf, ordered Pennsylvania residents to stay at home, banned public gatherings, and closed non-essential businesses. His orders extended for six months with no end in sight. Although Wolf later suspended the orders, he reserved the right to reinstate them at will. The Pennsylvania legislature previously authorized this executive takeover by granting the governor broad emergency powers.

In a September 14th decision, County of Buter v. Thomas W. Wolf, District Court Judge William Stickman IV, a Trump appointee, found this ravaged the Constitution. Consider the stay-at-home order. Pennsylvania ordered its residents to stay at home except when they needed to get access to or provide life-sustaining goods or services. Stickman noted that the stay-at-home order was unprecedented in American history. He observed that the widespread-and-extended shutdown far exceeded the 1918-1919 short shutdown of businesses during the far deadlier Spanish Flu. He further observed that the shutdown was dissimilar to a person-specific quarantine.

Stickman argued that the stay-at-home order violated the 14th Amendment’s Due Process Clause. He noted that there are fundamental rights at stake, including, the right to travel. The right to travel is fundamental, Stickman found, because it is essential to ordered liberty and deeply rooted in the nation’s history. In addition, the right is inextricably linked to other fundamental rights, such as the right of association.

Stickman reluctantly followed the Third Circuit in applying intermediate scrutiny to evaluate the stay-at-home order rather than the correct test: strict scrutiny. The intermediate-scrutiny test holds that a law infringing a fundamental right is unconstitutional unless it furthers an important government interest by a means that is substantially related to that interest. It is less demanding than strict scrutiny (the government must have a compelling state interest and the means must be necessary to achieve it), but more demanding than rational review (the government must have a legitimate state interest and the means must be rationally related to achieving it).

Even with intermediate scrutiny, the law still failed miserably. Stickman found that there were far less burdensome means to fight the pandemic than locking down a whole people and, hence, the law was not reasonably necessary to achieve the government’s goal.   

Wolf also banned public gatherings, again with an open-ended order. This applied to church meetings, but not to Black Lives Matter protests. Stickman noted that this ban on gatherings infringed two inextricably linked fundamental rights: right of free speech and right of assembly. The state argued that this was not aimed at speech. Still, Stickman argued, even if this were so, it still failed the test for a time, place, and manner law that governs content-neutral restrictions on speech. Such a law must be narrowly tailored to serve a significant government interest and leave alternative channels for communication. The law did not do so. The ban was too haphazard, leaving Home Depots open, but closing down churches. Churches could have taken the same precautions as stores. The state was unable to point to a single case of a public gathering widely spreading the virus.

Stickman found the categorization of some business as essential and others not was so arbitrary (not done according to either a clear criterion or science) and done so poorly (for example, the waiver process was closed early to avoid addressing a backlog of requests) that it violated the Equal Protection Clause. He also found that the closing of businesses violated the Due Process Clause because it infringed the fundamental right to earn a living.

There are several lessons to be learned. First, federal and state legislatures should rescind open-ended grants of emergency powers to the executive. Governors – for example, New York’s Andrew Cuomo - cannot be trusted with this much power. Where the powers have not been rescinded or where a governor ignores the recission, legislatures should rein in the executive. One wonders where the Pennsylvania legislature was during this debacle.

Second, the American people need to support those who prioritize liberty above safety. The American people should have contempt for politicians with a clear track record of trampling on citizens’ rights or who do not appreciate the constitutional limits on government power. Kamala Harris’ disgraceful abuses as California Attorney General make her a paradigm instance of the former. Barack Obama’s weaponization of federal agencies (for example, DOJ, FBI, and IRS) and dragnet searches (for example, NSA’s internet searches) make him a paradigm instance of the latter.

Third, the nation needs judges who will strictly enforce Due Process protected rights to assembly, earn a living, free speech, travel, and so on. Result-oriented embarrassments – see, for example, Ruth Bader Ginsburg – and those who mechanically defer to the government – see, for example, Stephen Breyer – are to be avoided. 

Sadly, the lockdown is now precedent for government action when future epidemics, unrest, and wars occur.

The Democratic Party's Terrible Ideas

Stephen Kershnar

A Radical Agenda

Dunkirk-Fredonia Observer

September 21, 2020

 

The Democratic Party and its Presidential and Vice-Presidential candidates, Joe Biden and Kamala Harris, are trying to remake the American government, people, economy, and culture. Their ideas are terrible. Sadly, establishment Republicans share many, if not most, of these ideas.  

First, Democratic Party leaders are pushing ideas that would remake our government. The Democrats would change how we elect the president by eliminating the electoral college and giving statehood to Puerto Rico and Washington, DC. They would change the Supreme Court by packing it with more than the usual nine members. They would increase the power of the government over our lives by socializing medicine (single-payer healthcare), socializing college (making public college free), and giving free medical care to all immigrants, including illegal aliens, and then raising taxes to pay for these things. They would allow 16-year-olds to vote, thereby giving easily manipulated adolescents political power, even though they cannot be trusted to drink, have sex, or marry.

The Democrats and establishment Republicans support an interventionist foreign policy. Consider the establishment’s wars in Afghanistan, Iraq, Libya, Serbia, and Syria. The U.S. stations troops in 150 nations (roughly 165,000 personnel) generations after we fought wars in places such as Germany, Japan, and South Korea. Even after all the blood and treasure we poured into recent wars, the Taliban are poised to take over Afghanistan if we leave, Iran controls Iraq, Libya is a failed state, and the Assad government continues to rule Syria. Consider, also, the roughly 10,000 people the U.S. killed via drones in backwater countries such as Libya, Somalia, and Yemen. No one should want more of this.   

If this were not enough, consider the embarrassing Supreme Court Justice Ruth Bader Ginsburg who died on Friday. She supported restricting business owners’ right of free speech and practice of religion [Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018)], not recognizing an individual’s right to bear arms [District of Columbia v. Heller, 554 U.S. 570 (2008)], removing any real constitutional roadblock to the government taking people’s property via eminent domain [Kelo v. City of New London, 545 U.S. 469 (2005)], permitting the government to engage in ever more race and sex discrimination [Grutter v. Bollinger, 539 U.S. 306 (2003)], and destroying what little is left of federalism by in effect repealing the Commerce Clause [National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012) and Gonzales v. Raich, 545 U.S. 1 (2005)]. She, thus, wanted to restrict or eliminate important constitutional rights found in the First, Second, Fifth, and Fourteenth Amendments and to gut the central Article I brake on federal power. Now imagine a judiciary packed with Ginsburg-like embarrassments.       

Second, consider how the Democratic Party leaders would remake the American people. The Democrats’ (and establishment Republicans’) love immigration. Roughly, 60 million immigrants and their young children live in the US today (2016 figure). Immigrant households are far more likely to be on some sort of welfare (63% versus 35%) and more than twice as likely to be on Medicaid or get free food. The Democrats (along with a lot of Republicans) want to flood the country with many more low-skilled immigrants and to amnesty the 22 million illegal aliens currently here. The Democrats want to get as close as they can to open borders via attempted amnesties, laws that prevent the building of a wall, catch-and-release policies, a push to eliminate ICE, refusal to enforce crime and welfare requirements, and so on. The Democrats thus want to dilute the historic American people.

Third, consider how the Democrat party would remake the economy. The Green New Deal would involve a radical restructuring of our energy industry, the life blood of our economy. They would try to ban fracking and try to shut down some of the natural-gas and petroleum pipelines. Socialized higher education and medicine would involve a complete takeover of large portions of the economy. The Democrats would regulate business more and put more race-and-sex preferences and quotas in place.

Fourth, the Democrats will also change the country’s zeitgeist through cancel culture, imagined racism (see Black Lives Matter and the diversity-industrial complex), monument removal and name change, political violence (Antifa), and stultifying political correctness. These cultural changes are an abomination.

No adult thinker believes that the package of Democratic changes would make us better off. Right now, the U.S. is one of the richest and freest countries in the world. There is a fairly strong correlation between economic freedom, happiness, and political freedom. An economically free country has a clear-cut rule of law, limited regulation, open markets, and small government. Restricting Bill-of-Rights liberties, diluting the historic American people, and further socializing the economy will not make us freer, happier, or wealthier. Nor will it bring us more peace. Yet as currently constituted, the Democratic Party wants to restrict, dilute, and socialize in precisely this way.   

More directly, who wants to live with the Democratic vision? If the Democrats’ vision is enacted, you won’t be trusted to keep your money, own guns, or say what’s really on your mind. Your country is going to add tens of millions of people over the next decade who don’t share your culture, language, or values and, increasingly, see you as an obstacle to their progress. Things you long took for granted (“I may sell my cakes to whom I choose”) turn out not to be part of American freedom. The icons with whom you grew up (for example, Winston Churchill, Christopher Columbus, and George Washington) get pulled down and shoved down the memory hole. They are replaced with politically correct icons that are not important parts of the American story. Even truth is dumped overboard as the media and elites ignore obvious truths about Biden’s mental ability, race and sex differences, speech being different from violence, and so on.

Americans do not want to live like this. Nor should they.