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Paper Companies' Windfall of Unintended Consequences

Jamie found a post on ScienceBlogs that serves as a stark example of the law of unintended consequences, as well as the ability of private industry to game a system of laws to their advantage. It seems that large paper companies stand to reap as much as $8 billion this year by doing the opposite of what an alternative-fuel bill intended. Here is the article from The Nation with more details and a mild reaction from a Congressional staffer. "[T]he United States government stands to pay out as much as $8 billion this year to the ten largest paper companies.... even though the money comes from a transportation bill whose manifest intent was to reduce dependence on fossil fuel, paper mills are adding diesel fuel to a process that requires none in order to qualify for the tax credit. In other words, we are paying the industry — handsomely — to use more fossil fuel. 'Which is,' as a Goldman Sachs report archly noted, the 'opposite of what lawmakers likely had in mind when the tax credit was established.'"

284 comments

  1. lawmakers by Anonymous Coward · · Score: 5, Funny

    Incompetent lawmakers are incompetent.

    1. Re:lawmakers by RichardJenkins · · Score: 5, Insightful

      Precisely. We live in a society where 'corporate selection' fosters public companies who mindlessly take the action which most increases value for their shareholders. If a law is written such that it can be gamed - it will be.

      Lawmakers should take that into account and legislate around it; cause they sure ain't gonna change Corporate American Culture any time soon.

    2. Re:lawmakers by Anonymous Coward · · Score: 2, Interesting

      Corporations in any country will do the same thing, those that do not will die. There are countries where they're legislated out of existence or they become the welfare provider for the state and never really do much good.

      Since /. going farther and farther left this is AC signing off.

    3. Re:lawmakers by mrcaseyj · · Score: 5, Interesting

      In the short term the solution for this is for the president to order the IRS to withhold these payouts until congress can close the loophole. If the paper companies sue, they would get laughed at or scolded by the judges as this is an obvious and evil perversion of the intent of the law.

    4. Re:lawmakers by Anonymous Coward · · Score: 1, Funny

      When was the last time a US court looked at the spirit of the law, and not the letter of the law?

    5. Re:lawmakers by Anonymous Coward · · Score: 0

      Excuse me ? We live in a society where everyone -corporations, individuals and all sorts of associations- are free to pursue their own intrest.

      The problem here is that the real costs are not carried by the companies, due to government intervention.

      The solution, obviously, is LESS government intervention. You want these companies to use as little as possible ?

      How about letting them compete, not for government money, but for customer money ? Do you think Barack Obama cares about his credit card bill (which YOU are paying) ?

      The problem with government spending money is simple : suppose the government does this 100% efficienctly (which is never going to happen), does not employ a single human being that needs to be paid, is not corrupt, not even a single little part of it, does not steal, does not own anything at all, has a way to spend their tax income the very same second it comes in, absolutely positively never loans a single penny, etc ... 100% efficient.

      Then, under those circumstances, what is the advantage for normal citizens of money spent by the government (in the long run) ?

      Well ... simple : ZERO. If the government is less efficient than 100%, then the balance is negative. Does is really need to be explained that if a theoretically perfect government cannot spend beneficially for it's citizens, that a real government is a black hole in which productivity disappears ?

      (google for "the broken windows fallacy")

      The only spending the government can do is spending to prevent catastrophies. It can spend to prevent "natural" calamities that would be very much worse than the government's damage done while preventing the disaster. Therefore it needs to spend on defence, on a justice system, on dams, power plants, ... But make no mistake : having the government run a defence or police force, or pay for anything at all with tax money DAMAGES EVERYTHING. The only hope is that it damages less than the alternative, doing nothing course of action.

      Since any private person that does something and hopes to continue doing it has to make sure the balance is positive, unlike the government, in the private sector things are simple : either it's beneficial (positive return) or it stops happening of it's own accord.

    6. Re:lawmakers by WindBourne · · Score: 3, Insightful

      You appear to be making the mistake of thinking that this was an accident. It may not be. The "gaming of the system" may actually be by the lawmaker.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    7. Re:lawmakers by Anonymous Coward · · Score: 0

      Only in US'n'A.

    8. Re:lawmakers by RichardJenkins · · Score: 3, Funny

      Corporations and individuals are not free to pursue their own interests in whatever method they want - we create laws specifically to prevent that.

      Are you saying you want a type of anarchy where anyone can do whatever they want, and hope that acting in a way detrimental to society correlates with bankruptcy?

      I agree with what you say about having to make sure the "balance is positive" - but I think copious legislation should be applied to ensure that you can only have achieve this by benefiting society.

    9. Re:lawmakers by Danathar · · Score: 1

      I started to read your comment and was impressed until you got to the "Lawmakers" part.

      Dude, what makes you think the lawmakers are not PART of the "Corporate American Culture"? It was probably lawmakers at the suggestion of said same "outside consultants" who gave the idea to the paper companies to put the loophole in the law to begin with.

      Government is NOT the solution to this problem.

    10. Re:lawmakers by OeLeWaPpErKe · · Score: 4, Interesting

      Exactly, and in this case, they did just that : they pursued their own intrest the way the law forced them to, instead of the most profitable (and therefore, at least in this case, most environmentally friendly, way).

      In general, the cheapest way for factories is often the one using the least raw material, and therefore at least close to the most environmentally optimal way.

      but I think copious legislation should be applied to ensure that you can only have achieve this by benefiting society.

      You're assuming that laws always benefit society. I guess women should be glad they get stoned in muslim countries. After all, it benefits society, right ? That's what the law does. Of course, very nearly all muslim countries are, at best, third world countries, racist dictatorships or worse. Seems their laws are less than optimal ... for both society and the environment.

      But of course, "America is different !". Oh wait, not at all in this case. I guess that what happened here, totally in compliance with the law, and bad for BOTH society and the environment ... means nothing to you ?

      But this was in compliance with the law, and against market forces, so surely it must have been good for society and for the environment ... oops ...

      Why don't we look at the environmental situation in a country where "copious legislation", in fact as copious as it gets, was in force.

      And there we find ... chernobyl, in the soviet union.

      It seems to me your argument is flawed, both in theory and in practice.

      You see, you assume laws are in the intrest of society, which is a standpoint that's idiotic, to say the least. In fact, given the world's current situation, the less laws a society has, the better it does.

    11. Re:lawmakers by benjamindees · · Score: 5, Insightful

      we create laws specifically to prevent that.

      The only thing this law has prevented is papermills from using alternative fuels.

      Are you saying you want a type of anarchy

      The parent said nothing about anarchy. No need to erect strawmen.

      I think copious legislation should be applied

      Your "copious" legislation has already been applied. It is demonstrably counterproductive.

      --
      "I assumed blithely that there were no elves out there in the darkness"
    12. Re:lawmakers by OeLeWaPpErKe · · Score: 2, Insightful

      Yet too many idiots are trying to turn that into an argument for more legislation. I mean, you'd think they'd learn ...

    13. Re:lawmakers by Anonymous Coward · · Score: 0

      No, solution is complete anarchy because while nobody respects laws' intent in a democracy, everybody would feel compelled to respect libertarians non agression principle if we lived in a libertarian society.

    14. Re:lawmakers by sumdumass · · Score: 3, Insightful

      Exactly, and in this case, they did just that : they pursued their own intrest the way the law forced them to, instead of the most profitable (and therefore, at least in this case, most environmentally friendly, way).

      Well, actually, in this case, the most profitable way was with the law. I'm not sure you entirely grasp what has happened here. Maybe you have and I'm just reading you wrong.

      The paper companies already produce about 70% of their energy by using byproducts in the process of making paper. Under the law, if they add just a few gallons of fuel to the process, claim the process requires Gasoline, Diesel fuel or Kerosene, they get 50 cents per gallon on the 70% of energy they already created with the black liquor or whatever it was called. If they used 100 units of energy divided up with 70 gallons of their byproduct and 30KW or whatever the equivalent is of coal powered electricity, then by removing one KW electricity and adding it to the byproduct, they now get 50 cents for those 70 gallons. So at least in this case, they are doing both- "the most profitable (and therefore, at least in this case, most environmentally friendly, way)" and the most profitable way the law made them.

      From the portion(s) of the law that I can tell, they don't have to add much more then one gallon of diesel to every batch of byproduct to qualify for the alternative fuel credit. The key point is in calling the process something else that requires Gasoline, Diesel fuel or Kerosene to get the credit for what they were already doing.

    15. Re:lawmakers by RichardJenkins · · Score: 1

      The parent was suggesting as little government intervention as possible. What do you think anarchy is?

      You want to know what a lack of sensible regulation and control gets you - look at the current financial troubles your country has caused.

      Your house needs putting in order. I'd have thought the most efficient way is sensible legislation curtailing undesirable actions from your companies. but if you have a better plan, good luck to you.

    16. Re:lawmakers by Ashriel · · Score: 5, Informative

      Doesn't matter. Precedent from the Supreme Court states that the IRS has sovereign immunity and cannot be sued on any issue within it's own domain.

    17. Re:lawmakers by Ashriel · · Score: 2, Insightful

      The parent was suggesting as little government intervention as possible. What do you think anarchy is?

      Anarchy would be no government. Small government leads to a situation known as freedom.

      You want to know what a lack of sensible regulation and control gets you - look at the current financial troubles your country has caused.

      Actually the current situation is not as simple as that. While the bank failure can be immediately attributed to the repeal of the Glass Seagal Act (which, by the way, no one in legislation has bothered to reinstate), the real problems with the economy can be attributed to the creation of the Federal Reserve (putting banks in charge of the economy in the first place), and the dissolution of the gold standard (allowing the Fed to create as much money as it wants, without creating actual wealth to accompany it).

      Government involvement has done nothing but harm the economy since at least the 1920's, when anti-competitive legislation first began rearing up. It's only grown since then - we really do need less legislation: the people and the states will pull themselves out of this mess much more easily without the federal government mucking things up.

    18. Re:lawmakers by digitig · · Score: 1

      Precisely. We live in a society where 'corporate selection' fosters public companies who mindlessly take the action which most increases value for their shareholders.

      Are they not legally obliged to do so?

      --
      Quidnam Latine loqui modo coepi?
    19. Re:lawmakers by Anonymous Coward · · Score: 2, Insightful

      If Libertarian philosophy = Anarchy, then:

      Democratic philosophy = Socialism, and
      Republican philosophy = Fascism.

      Given the alternatives, I'll accept anarchy.

    20. Re:lawmakers by yndrd1984 · · Score: 1

      Start with: free to pursue their own interest
      Add a bit: free to pursue their own interests in whatever method they want

      Straw men - so easy, so convincing, so wrong.

    21. Re:lawmakers by yndrd1984 · · Score: 2, Funny

      I wish they had "-1 Libertarian" mod here...

      And I wish they had "+1 Libertarian" mod here....

      Well, as a libertarian would say, "to each his own".

    22. Re:lawmakers by kkissane · · Score: 2, Insightful

      I think copious legislation should be applied

      Your "copious" legislation has already been applied. It is demonstrably counterproductive.

      I cannot think of any instance where government is effective and efficient. What I have trouble wrapping my mind around is the call for more government when it seems to be counter productive. Repeating the same action over and over and over is not going to yield a different result.

    23. Re:lawmakers by qbzzt · · Score: 1

      Do you really think "-1 I disagree with you" is good?

      --
      -- Support a free market in the field of government
    24. Re:lawmakers by Anonymous Coward · · Score: 0

      Considering the downward spiral of the entire print industry as businesses transition more and more to electronic media it would not surprise me to learn that people were aware of the potential use of this legislation by the paper industry since its inception. Thus this would not be "unintended consequences." Though this may not be in the "spirit" of the legislation I imagine it's potential for staving off the rapid death of the paper industry was part of what got it passed in congress. Considering the current economic environment in the U.S.A. this may only be prolonging the inevitable bankruptcies and consolidations in the paper industry BUT it is allowing companies to adjust business models, raise cash, and then the big fish eat the little fish.

    25. Re:lawmakers by Anonymous Coward · · Score: 0

      The very concept of a corporation or even of business in general is sort of anti-socialism at best and when you think about it anti-social and anti-socialism are close to being identical.
                Businesses are valued often by their degree of psychopathy.

    26. Re:lawmakers by khallow · · Score: 1

      Precisely. We live in a society where 'corporate selection' fosters public companies who mindlessly take the action which most increases value for their shareholders. If a law is written such that it can be gamed - it will be.

      Lawmakers should take that into account and legislate around it; cause they sure ain't gonna change Corporate American Culture any time soon.

      "Mindlessly" eh? How can you not understand the motives and cunning of "public companies"? Here's my take. These types of laws go well beyond any reasonable task of the US government. Further, without some sort of corrective force, there's no incentive for anyone in government to act differently. Hence, it is to our collective advantage for someone to ruthlessly exploit these laws.

    27. Re:lawmakers by rohan972 · · Score: 2, Informative

      You want to know what a lack of sensible regulation and control gets you - look at the current financial troubles your country has caused.

      http://www.google.com/search?hl=en&q=community+reinvestment+act
      http://www.google.com/search?hl=en&q=federal+reserve+act
      http://www.google.com/search?hl=en&q=fractional+reserve+lending
      http://en.wikipedia.org/wiki/Fannie_Mae The Federal National Mortgage Association (FNMA) (NYSE: FNM), commonly known as Fannie Mae, is a stockholder-owned corporation chartered by Congress in 1968 as a government sponsored enterprise
      http://en.wikipedia.org/wiki/Freddie_Mac The Federal Home Loan Mortgage Corporation (FHLMC) (NYSE: FRE), known as Freddie Mac, is a government sponsored enterprise (GSE) of the United States federal government

      How strange it is to see a crash caused entirely by government intervention in the market continually touted as a "failure of capitalism" and blamed on a lack of regulation.

      Fractional reserve lending backed by government edict (whether you think it is a good idea or not) creates the situation where the ongoing money supply is dependent on peoples ability to repay loans. The Community Reinvestment Act required lending institutions to make loans that would ultimately not be repaid. How any of this could be seriously accepted as the result of a lack of regulation is one of the most outstanding achievements of propagandists of all time.

    28. Re:lawmakers by rohan972 · · Score: 2, Insightful

      Yet too many idiots are trying to turn that into an argument for more legislation. I mean, you'd think they'd learn ...

      No, they want to be looked after, including having their thinking done for them.

    29. Re:lawmakers by he-sk · · Score: 1

      That's what the foe list is for.

      Slashdot. I come here to get my stereotypes validated.

      --
      Free Manning, jail Obama.
    30. Re:lawmakers by cwilli01 · · Score: 2, Insightful

      It's not perverted; nor is it malfeasant. If you had a more fuel efficient form of transportation, say a bike or motorcycle, or your feet, and bought a new car eligible for a tax credit, and accepted the tax credit, you'd be doing the same thing. I'd be less interested in this and more interested in illuminating the *intended* tax breaks that we perceive as unethical. Congress needs some sunlight (and a good disinfectant).

    31. Re:lawmakers by Informative · · Score: 1

      The US is in decline and on the road to and insignificance.

    32. Re:lawmakers by Volante3192 · · Score: 4, Insightful

      Except in our case, the cost of getting the car would exceed the benefit of getting the credit.

      What the paper companies have is a benefit of the credit outweighing the initial cost to pull it off.

    33. Re:lawmakers by Anonymous Coward · · Score: 0

      perhaps it was the lack of regulation of the mortgage industry that caused a good deal of the trouble, but someone was investing in these mortgages. Banks here would sell the mortgages, then sell them as a package oversees. This would be only a US problem otherwise. Its a global problem because everyone else BOUGHT those packages without due dilligence. Stupidity on the part of American Banks to selling the mortgages, stupidity on the investors globally for buying them. The rules of economics are the same regardless of weather you are a bank in Manhattan or a private investor in Tokyo. The global economic meltdown was a product of EVERYONE's stupidity. I'm an American, and I have no problem admitting that the mortgage market falling through (and no one being able raise the capital to cover it, causing the commercial paper crisis, which further made it difficult to pay the bills, leading to the CDS problems) started here, but its everyone's fault that its as big as it is. Its our fault that our economy is in the shitter. Its everyone else's fault that their economy is in the shitter.

    34. Re:lawmakers by Sponge+Bath · · Score: 2, Funny

      ...to each his own

      From each according to his ability, to each according to his need.

      Apparently the paper companies need 8 billion dollars and the government has the ability to pay it. :-P

    35. Re:lawmakers by jbengt · · Score: 3, Informative

      I won't argue with your distaste of the Federal Reserve, Fannie May, or Freddie Mac, but I want to make a few points about regulation and government intervention.

      The great majority of sub-prime loans made were not made under The Community Reinvestment Act.
      The sub-prime loans made under the Community Reinvestment Act have a lower default rate than those made outside of its' purview

      Too much regulation did not cause Fannie May, Freddie Mac, and others to overvalue their portfolios.
      Too much regulation did not cause the ratings companies to give the securitized mortgages high ratings greatly understating their risk.

      Too much regulation did not create the credit default swaps without enough reserve to pay them off in case of a bad economy, nor did it cause the companies selling those to insure their credit default swaps with more credit default swaps from another company that also did not have enough reserve to pay them off.
      Too much regulation did not cause the ratings companies to rate the companies holding credit default swaps with insufficient backing AAA even though they could not pay off their obligations in case of default.

    36. Re:lawmakers by mokus000 · · Score: 1

      The following idea will probably never fly, and almost certainly shouldn't, but I find it interesting anyway:

      Maybe the legal system needs "ethics traps" for manipulative businesses. Deliberately insert loopholes in laws like this one, but with (possibly hidden) major penalties for taking advantage of them in "unethical" ways. I'm thinking "cruel and unusual" on a corporate scale. Penalties such as forfeiture of all patents, or automatic and mandatory layoffs of the entire executive staff, with restraining-order-type judgments barring them from ever working in the same industry again.

      Of course, the definition of "unethical" is an extremely sticky point, but were it not for the probably inescapably arbitrary or subjective nature of any possible definition I'd be very willing to consider legislation like that. After all, aren't corporations "people" too, under US law at least? If an individual person gamed the system like that, I tend to believe they'd be taken down a few dozen pegs, and fast.

      --
      Additive identity, multiplicative cancellation, distributive multiplication over addition: pick any two (unless 1 = 0)
    37. Re:lawmakers by CrimsonAvenger · · Score: 5, Insightful

      In the short term the solution for this is for the president to order the IRS to withhold these payouts until congress can close the loophole. If the paper companies sue, they would get laughed at or scolded by the judges as this is an obvious and evil perversion of the intent of the law.

      Alas, we live in a nation where rule of law is paramount.

      The letter of the law is what the law is, not the "intent" of the law.

      Which means it would be illegal to withhold payments specified by law, and any lawsuit challenging such an act would likely succeed, with penalties.

      In other words, you're stuck with the law as written until someone changes it. The government trying to game the law by not obeying it is, if anything, worse than some corporation gaming it by taking advantage of something not foreseen by the lawmakers.

      After all, if the government can choose to not obey this law that you dislike, what's to prevent them from disobeying a law you like?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    38. Re:lawmakers by Hellsbells · · Score: 1

      Its a fair argument that much of the crisis was caused by poor regulation rather than lack of it, but note that countries such as Australia and Canada with much stricter banking regulations (and seemingly more effective ones) have escaped the brunt of the current crisis relatively well.

      Four of the top 20 banks in the world (20%) are currently Australian, which is an amazing feat for a country of only 20 million people.

    39. Re:lawmakers by Brickwall · · Score: 1, Informative
      Its our fault that our economy is in the shitter. Its everyone else's fault that their economy is in the shitter.

      As a Canadian, may I respectfully disagree? All of our major banks are solvent; in fact, our largest five banks all rank within the top 50 safest banks in the world, according to a study done by World Financial Digest. While some individual Canadians may have invested in CDO's, CDS's, and Bernie Madoff's "funds", our major institutions have little or no exposure. Our wheat still grows, our trees are still logged, and our oil wells still pump. Where are we being screwed? In the auto sector, where US problems flow across the border; in our softwood, paper, and logging sector, where both US protectionism and flagging demand flow across the border; in our tourism sector, as US visitors (by far the majority) can no longer afford to take vacations anywhere, let alone Canada, so your problems again flow across the border.

      While the US government was racking up record deficits, Canada was paying down its debt under both Liberal and Conservative governments. The current government was able to pay down debt AND reduce the national sales tax from 7% to 5% until the US financial system imploded. Now we're back in deficit mode, thanks to you.

      And, while off-topic, an often-thrown insult to Canadians from the US is that the US does all the fighting. Well, here is a relative comparison, using Canada's 33 million population as a base:

      Population: Canada:1 UK:2 US:10

      Afghan deaths: (actual) Canada 116 UK 152 US 677

      Seems to me that Canadians are doing more than their fair share of the fighting and dying in Afghanistan.

      So, as I said in my opening, I respectfully disagree - if the Canadian economy is in the shitter, it is very much due to external events which mostly occurred in the US. On behalf of my countrymen, may I say "F*** you very much"?

      --
      What was once true, is no longer so
    40. Re:lawmakers by sycodon · · Score: 1

      "until congress can pass another ex post facto law"

      Fixed.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    41. Re:lawmakers by gandhi_2 · · Score: 1

      We live in a society where 'life' fosters people who mindlessly take the action which most increases value of their assets. If a law is written such that it can be gamed - it will be.

      Lawmakers should take that into account and legislate around it; cause they sure ain't gonna change Global Human Behavior any time soon.

    42. Re:lawmakers by gamefreak1450 · · Score: 1

      the real problems with the economy can be attributed to the creation of the Federal Reserve (putting banks in charge of the economy in the first place), and the dissolution of the gold standard (allowing the Fed to create as much money as it wants, without creating actual wealth to accompany it).

      [citation needed]

    43. Re:lawmakers by sycodon · · Score: 0, Flamebait

      Saying it ain't so doesn't make it true.

      The bottom line is that the Feds encouraged and even bullied lending institutions to loan to those with bad credit risks, saying "we got your back".

      Now the feds are saying, "we got your company".

      If you want the absolute, real cause, just Google "mark to market". Government accounting rules artificially causing banking institutions to go "insolvent"

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    44. Re:lawmakers by Brickwall · · Score: 2
      From each according to his ability, to each according to his need.

      Um, isn't this the classic definition of communism? And isn't it a travesty that in a supposedly free market economy, the government enacts legislation that allows firms to act in (their own self interest) in overtly perverted ways? Just askin..

      --
      What was once true, is no longer so
    45. Re:lawmakers by inviolet · · Score: 1

      [...] the real problems with the economy can be attributed to the creation of the Federal Reserve (putting banks in charge of the economy in the first place), and the dissolution of the gold standard (allowing the Fed to create as much money as it wants, without creating actual wealth to accompany it).

      I've thought this way too, and it's led me to a question that we need to be able to answer:

      Suppose the economy is growing and more wealth is being added to the pile. That means that somebody needs to issue additional money apace, or else existing money will deflate. Deflation causes problems, chief among them being that it discourages real investment; putting money in a mattress becomes profitable despite being socially costly. Not to mention surprise deflation, as would occur if the economy suddenly grew more than money-issuers could keep up with, hurts all borrowers.

      With fiat money, somebody can issue money to match the rate of economic growth, and thereby prevent inflation or deflation. With backed money, your supply of backer material has got to keep pace with the economy or else you'll distort the value of money and disrupt all financial arrangements. It is hard to imagine a backer material that fits the bill. Precious metals are the obvious choice but the global supply of them does not grow at the rate the economy usually does, which is a problem. The management of the backer material is also socially costly, because the act of management of (say) a fort full of gold does not, itself, generate any wealth.

      And clearly you don't want the government printing fiat money, because they can't resist running up a bit of inflation as an under-the-table tax. So what do you propose we do?

      --
      FATMOUSE + YOU = FATMOUSE
    46. Re:lawmakers by INT_QRK · · Score: 1

      More to the point, the "law of unintended consequences" suggests that legislation should be as absolutely simple and focused to aim as possible, infrequent so as to only address matters demanding (rather than suggesting) some direct action to avoid a high probability consequence of significant impact to the public at large, and never just to make any group feel better about themselves. Social engineering (not the IA variety) should never be an impetus for a law unless it is an absolutely critical and well thought through minimalist adjustment to the penal code, and then only with considerable public debate over a cooling-off period from its motivating condition or event. The more laws on the books, the more stupid laws we will all be burdened with.

    47. Re:lawmakers by Brickwall · · Score: 1

      Democratic philosophy = Socialism, and Republican philosophy = Fascism. As a Canadian conservative, I was so dismayed to see how quickly the Republicans folded into a neo-Fascist mode after 9/11. The TSA, Patriot Act, no-fly list, Gitmo, no warrant wire taps - as someone who had grown up in an overly governed Canada, and looked to the US as the beacon of a resolute freedom, these were multiple betrayals and disappointments of what I thought the US stood for. I truly hope the US can refind its footing, although the prospects for that under President Bambam are dismal.

      --
      What was once true, is no longer so
    48. Re:lawmakers by geekboy642 · · Score: 2, Informative

      Your assertion is:
      The government ordered lenders to loan to people with bad credit ratings, no stable income sufficient to repay, and without any deposit.
      This is prima facie false. Unscrupulous and unethical lenders began issuing loans to people manifestly unable to handle the repayment. They did this to make money. They did this because of the republican-championed deregulation efforts. Regulations would have prevented the massive numbers of foreclosed mortgages, because the people being foreclosed on would never have taken a mortgage. The resulting death-spiral of the world economy wouldn't have occurred, and the people who normally could afford the sensible mortgage they'd taken wouldn't have lost their jobs and joined the ranks of the homeless.
      Further, you claim that the root cause of all this is a common-sense accounting rule. Over a year ago, former FDIC chair William Isaac championed this idea. This is nonsense. The root cause is the banks foolishly dabbling in unstable mortgages to make a quick buck. It doesn't matter what accounting method you use, if you invest heavily in any high-risk market, you stand a chance to lose your money. It doesn't even take Econ101 to know that.

      --
      Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
    49. Re:lawmakers by Anonymous Coward · · Score: 0

      Are they not legally obliged to do so?

      No, they aren't. Shareholders frequently choose this for the management of the company, but this is a more common view in American business than elsewhere, where a "stakeholder" viewpoint leads to more sustainable benefit to both shareholders and the larger community.

    50. Re:lawmakers by Anonymous Coward · · Score: 0

      perhaps it was the lack of regulation of the mortgage industry that caused a good deal of the trouble, but someone was investing in these mortgages.

      Yeah, because the federal government requiring banks to make 56% of their mortgages to people who can't afford them is a lack of regulation? Yeah, okay...

      Here's Glenn Beck and Judge Andrew Napolitano on the subject.

    51. Re:lawmakers by cwilli01 · · Score: 1

      Irrelevant! I am differentiating between the letter of the law and the spirit of the law. You're a typical anti-corporate insect. You object to applying the same argument against individuals. The principle is the same. How does the argument change if the Prius costs is less than the credit? Are the "previously bike-riding individuals" scumbags then?

    52. Re:lawmakers by Ashriel · · Score: 2, Interesting

      Precious metals are the obvious choice but the global supply of them does not grow at the rate the economy usually does, which is a problem.

      I would argue that the real economy does not grow much at all, only that living standards get continually better through advance of technology, and that the inflated economy we see today is a result of profit from a position of debt.

      Ultimately, IANAE (Economist), and I don't have a great answer for you, other than many economists from the Austrian school of thought believe in a return to commodity-backed money, and the economists from the Keynes school of thought have got us into this mess in the first place and ought to be duly ignored.

    53. Re:lawmakers by hrvatska · · Score: 1

      The Community Reinvestment Act required lending institutions to make loans that would ultimately not be repaid. How any of this could be seriously accepted as the result of a lack of regulation is one of the most outstanding achievements of propagandists of all time.

      The CRA required no such thing. CRA loans have traditionally had a low default rate. Local community banks have had very good experiences with CRA mortgages.

      • More than 84 percent of the subprime mortgages in 2006 were issued by private lending institutions.
      • Private firms made nearly 83 percent of the subprime loans to low- and moderate-income borrowers that year.
      • Only one of the top 25 subprime lenders in 2006 was directly subject to the CRA.

      Mortgage brokers, investment banks and finance companies like now defunct New Century and Countrywide are not subject to CRA. Only banks and thrifts are required to follow CRA regulations.

      These private non-bank lenders enjoyed a regulatory gap, allowing them to be regulated by 50 different state banking supervisors instead of the federal government. And mortgage brokers, who also weren't subject to federal regulation or the CRA, originated most of the subprime loans.

      Both Fannie and Freddie were under pressure to purchase increasingly risky bundles of mortgages, or originators such as Countrywide would stop doing business with them. Investment banks like Lehman Bros and Merill Lynch were willing to buy all the bad mortgages these originators were willing to sell, eliminating the need to go to Fannie and Freddie.

      Between 2004 and 2006, when subprime lending was exploding, Fannie and Freddie went from holding a high of 48 percent of the subprime loans that were sold into the secondary market to holding about 24 percent, according to data from Inside Mortgage Finance, a specialty publication. One reason is that Fannie and Freddie were subject to tougher standards than many of the unregulated players in the private sector who weakened lending standards, most of whom have gone bankrupt or are now in deep trouble.

      During those same explosive three years, private investment banks - not Fannie and Freddie - dominated the mortgage loans that were packaged and sold into the secondary mortgage market. In 2005 and 2006, the private sector securitized almost two thirds of all U.S. mortgages, supplanting Fannie and Freddie.

      Investment banks were able to acquire too many of these bundles of mortgages because they were permitted to take on so much debt. This is a direct result of the 2004 loosening of regulations that restricted their debt-to-net-capital ratio to 15 to 1. After 2004 this became 30 to 1, setting these institutions up for the economic meltdown in 2007 and 2008. This is one example of many where either a lack of regulation or a loosening of existing regulations lead to the problems we're seeing today.

    54. Re:lawmakers by jbengt · · Score: 1

      The bottom line is that the Feds encouraged and even bullied lending institutions to loan to those with bad credit risks.

      This had a minor impact, that could more honestly be characterized as one of the middle lines. That questionable loans could be packaged and sold with AAA credit ratings was a much greater contributing factor. Private companies jumped at the chance to make unverified loans once they were able to make a quick buck by selling them.

      If you want the absolute, real cause, just Google "mark to market".

      I agree that Mark-to-Market was a proximate cause of some "insolvencies", but you have to admit that for those that believe the market is the best indicator of value, it has an appeal to honesty. Still, it has big problems, like it contributes to volatility that is subject to manipulation.

    55. Re:lawmakers by HangingChad · · Score: 2, Informative

      Incompetent lawmakers are incompetent.

      As someone who has been a regulator, that attitude is, quite frankly, ignorant. Lawmakers are politicians, with that associated baggage, but in most case are neither incompetent nor ignorant. And most of the time, surprisingly, they come out with well-intended and thoughtful legislation. Not always, but much of the time. What they can get past industry lobbyists trying to help write the legislation.

      Once they cross that hurdle the laws go to the appropriate regulatory agencies where industry gets another bite at the political apple by pressuring legislators to encourage the regulators to implement the regulations in the most industry-favorable manner possible.

      If by some miracle of decency, a regulation gets past all that pressure, then industry will hire consultants to analyze the regulations and then start playing the Consistent Application Game. Where consultants will offer a weak solution and demand regulators tell them what they have to do to be in compliance. Always aiming for the absolute minimum and constantly coming back with, "Can we do this?" and "Can we do that instead?" They'll go from department to department trying to find a more favorable interpretation. When they find it, they'll circulate that out to everyone and all of a sudden the lower compliance standard is suddenly the new norm. They'll stall, drag their feet, file spurious court actions which they know states and municipalities are ill-equipped to fight. And, they'll find loopholes, or imagine loopholes, and wait until the regulatory agency gets a judgment that they're wrong maybe three or four years later, at which time they go back and start saying big fines will cost the state jobs and the money would be better spent on compliance. Even if they lose, they'll start trying wiggle out of any real responsibility.

      Because, right now, there's no real downside for them getting silly trying to game the system. If there was say, jail time for the execs, that would clear up the silly business pretty fast. Short of that, what I'm describing is the reality of the regulatory environment at the state and federal level. Throw in a few genuinely corrupt politicians in the pocket of those same industries who calls and regularly rips on the agency head and you have a tough job enforcing the simplest of regulations.

      But how would you know that when you don't have to reach any farther than your butt for conventional wisdom?

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    56. Re:lawmakers by Bert64 · · Score: 1

      Anarchy is freedom... But there is such a thing as too much freedom...
      Under a system such as anarchy, which provides too much freedom, a small number of individuals will rise to power, almost certainly by force, and thus take away any and all freedoms from the masses by turning them into slaves.
      These small number of individuals, commonly known as warlords, will send their slaves off to fight resulting in thousands of deaths.

      Or you can have a system which guarantees a certain level of freedom to everyone. Sure, such a system is theoretically less free than under an anarchy, but unless you would have been in the sub 1% of people who would have risen to power, you will actually have more freedom under a more controlled system.

      In short, give people freedom and they will abuse it... You need some level of control to ensure fairness.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    57. Re:lawmakers by Bert64 · · Score: 1

      Well to be fair, was it really such a smart move to make so much of your economy dependent on a foreign country that you have no control over? Especially a foreign country that is racking up record deficits...

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    58. Re:lawmakers by Ian+Alexander · · Score: 2, Insightful

      How is it ex post facto to close a tax loophole?

    59. Re:lawmakers by Bert64 · · Score: 1

      More wealth isn't really being generated, it is being added to the pile because others are taking it out... A small number of individuals take far more out of the economy than they put back in.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    60. Re:lawmakers by canadian_right · · Score: 3, Informative

      This "loophole" has existed and been blatantly abused for many, many years. These paper mills are not even close to the worse abusers. The worst one I heard about, and this was years ago, was factories that sprayed a light mist of diesel on coal to claim this tax credit.

      This tax credit should just be ended, not fixed.

      --
      Anarchists never rule
    61. Re:lawmakers by similar_name · · Score: 2, Interesting

      and the dissolution of the gold standard

      How does basing money on rocks change anything? Money just provides a means to trade. If we want to base it on something of intrinsic value, I would suggest energy over shiny rocks.

    62. Re:lawmakers by Frnknstn · · Score: 1

      Are you retarded? This has nothing to do with transportation, which is what makes it so perverse. They are taking the normal fuel they burn to help make paper, adding 10c of diesel, and then claiming 50c / gallon from the government.

      --
      If it's in you sig, it's in your post.
    63. Re:lawmakers by jc42 · · Score: 1

      We live in a society where 'corporate selection' fosters public companies who mindlessly take the action which most increases value for their shareholders.

      Are they not legally obliged to do so?

      Not at all. That's a bit of propaganda foisted by the "corporate profits are all that's important" crowd, but it has very little actual basis in law.

      If there were such a legal requirement, you wouldn't see corporations supporting things like your local Little League, or any other charities. That would be money that could have gone to dividends. But you don't find shareholders suing companies to force them to stop supporting local charities, because even their own lawyers would laugh at the suggestion.

      There are laws concerning outright corporate fraud in their stock dealings. But this is something very different from saying that corporations must maximize their dividends at every opportunity.

      A common counterexample to this myth is what's often expressed as "good will". This is something that nobody can measure precisely, but companies do try to improve their public image, sometimes at great price. They don't get sued for doing so even when the financial value of that good will isn't precisely measurable by their accountants.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    64. Re:lawmakers by Machtyn · · Score: 1

      What do you mean? The current administration is doing their best to change "Corporate American Culture".
      /I'll take the hit

    65. Re:lawmakers by jc42 · · Score: 4, Insightful

      If the paper companies sue, they would get laughed at or scolded by the judges as this is an obvious and evil perversion of the intent of the law.

      Quite possibly it was written with exactly that intent. We've been often reminded by nearly everyone studying Congress that most proposed laws aren't written by the legislators at all; they're usually written by "consultants" who are part of the lobbying setup and are paid by the corporations interested in the laws. It has come out repeatedly that most members of Congress haven't even read the laws that they vote on. They usually have only read the summaries, which are written for public PR.

      So it's quite likely that whoever worked out the exact wording of the law was in the pay of one or more companies who wanted exactly what the story is about. They probably discussed it behind the scenes, until they were fairly sure that the wording would allow their employers to take advantage of the law in this fashion.

      It's how things are done. And it's hardly any secret. It's been written about more times than we can probably count.

      (Actually, none of this precludes the possibility of a Congressman understanding the issue. The point is that usually they don't bother themselves over such details. That's for their underlings to handle.)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    66. Re:lawmakers by Sponge+Bath · · Score: 1

      US visitors ... can no longer afford to take vacations anywhere, let alone Canada

      Yeah, with our craptastic health care system a moose bite can bankrupt you.

    67. Re:lawmakers by joocemann · · Score: 1

      Incompetent lawmakers are incompetent.

      Fortunately they have the ability to fix this by denying the paper companies the tax reduction or amending the bill/law. With law there also is intent of the law. Since the paper companies are in no legitimate way associated with the actual intent of the law it is simply a matter of stamping 'DENIED: PAY YOUR TAXES' on their filings.

      The answer is simple, really. I think this country as a whole, including its leadership, is losing its COMMON SENSE.

    68. Re:lawmakers by Anonymous Coward · · Score: 0

      And there we find ... chernobyl, in the soviet union.

      You have no idea what caused the accident at Chernobyl, do you?

    69. Re:lawmakers by Qzukk · · Score: 1

      the way the law forced them to

      What the law REQUIRES and what the law PERMITS are two different things. The law PERMITTED them to add diesel to an existing system in order to receive an additional profit from subsidies.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    70. Re:lawmakers by Anonymous Coward · · Score: 0

      They usually have only read the summaries, which are written for public PR.

      Do you work for the department of redundancy department?

      (public PR = public Public Relations)

      Do you also say ATM Machine? as in Automated Teller Machine Machine?

      Do you say PC computer, as in Personal Computer computer?

    71. Re:lawmakers by Korin43 · · Score: 1

      Because it's a new law that applies to the last. It's what ex post facto means, and it's bad because if the government can create laws that apply to thing you've already done, then even people who follow the law aren't safe.

    72. Re:lawmakers by sycodon · · Score: 1

      Yeah...what he said.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    73. Re:lawmakers by timeOday · · Score: 1

      This "loophole" has existed and been blatantly abused for many, many years.

      Which turns this story on its head, because it means it's not "unintended" at all - just another handout for business written into a bill that business otherwise probably would have defeated. But we won't let that stop the likes of Goldman Sachs from crowing about the ineptness of govt, they love to play up the "unintended" consequences of govt actions, nevermind Goldman Sachs' crystal ball isn't doing so well lately either or they wouldn't have gone broke and required a govt. handout.

    74. Re:lawmakers by Anonymous Coward · · Score: 0

      Population: Canada:1 UK:2 US:10

      Afghan deaths: (actual) Canada 116 UK 152 US 677

      Number of troops in Afghanistan: Canada 2830; UK 8300; US 26215. (source)
      Sheesh, can't even baseline your numbers properly.

    75. Re:lawmakers by sycodon · · Score: 1

      "Your assertion is:
      The government ordered lenders to loan to people with bad credit ratings, no stable income sufficient to repay, and without any deposit."

      I must have missed something. I don't recall typing that and it's not anywhere in my post.

      The Feds did their common wink wink, nudge, it would be bad for you if you didn't thing. And then still assured them that they were covered, Fannie Mae and Mac would buy up the loans. There was a fucking law that encouraged it.

      With apologies to rohan972:

      http://www.google.com/search?hl=en&q=community+reinvestment+act [google.com]
      http://www.google.com/search?hl=en&q=federal+reserve+act [google.com]
      http://www.google.com/search?hl=en&q=fractional+reserve+lending [google.com]

      It may be true that Fannie Mae and Mac did not originate the loans but they did buy them all up.

      And this common sense accounting rule fails the common sense test.

      If an institution has loan portfolio with 100% positive cash flow (no defaults, all on time payments) they could still be considered insolvent if other institutions (Fannie Mae and Mac for instance) were suffering losses from defaults and had to sell, which drives down the market price.

      Then, the accounting rules say the institution is insolvent, when in reality their investment is sound. There is the disconnect from reality.

      Of course, then they have to sell assets to remain solvent which further drives down the price. They didn't invest in a high risk market but they are caught in the troubles of others.

      There are alternatives to Mark to Market that provide investors a reasonable means to estimate their risk and at the same time avoid the disconnect from reality of M to M.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    76. Re:lawmakers by initialE · · Score: 1

      That's incredible. They're like a sovereign nation-state of their own, your IRS.

      --
      Starbucks, Harbuckle of Breath.
    77. Re:lawmakers by FooAtWFU · · Score: 1
      Unethical and unscrupulous lenders began issuing loans, sure, but the government subsidized them and everyone else had to either a) do the same and make some money, or b) don't, and give up millions, while all your competitors are doing the same and making a bundle, and hope that they get their comeuppance before you go bankrupt or get bought out. (And, as Keynes once said, "The market can remain irrational for longer than you can remain solvent.")

      The power to tax is widely recognized as the power to destroy, but the power to subsidize isn't far behind.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    78. Re:lawmakers by Brickwall · · Score: 1
      My friend, I agree and disagree with you. I agree that commodity-backed money would be a good idea, but I disagree with your assertion that Keynesian economics caused the problem in the first place.

      Keynes said to run deficits during bad times and surpluses during good times. Unfortunately, many governments interpreted this to mean "run deficits all the time". Again, I urge you and other readers to look to Canada. During both Liberal and Conservative governments, national debt was paid down for the last decade of good times. Now that we're in a recession, we're back to a deficit, as Keynes would have suggested but we're likely to weather it better and with fewer long term effects because of the discipline to pay down debt when we could. Keynes was no fool, and it's a mistake to say that the misguided policies followed by people who claim to have learned from Keynes are his fault.

      --
      What was once true, is no longer so
    79. Re:lawmakers by Ashriel · · Score: 1

      I've been saying for years that money is just a metaphor for energy, and I'd gladly accept 40 watt coins or kilowatt bills.

      But how would you determine the creation of such money? Is it worth the amount of energy needed to make it? Coins would be worth more than paper, then, as there is more energy put into the mining of the metals, the smelting of the ore, the minting of the coins. Or do you think the power companies should simply print their own money instead of banks?

      You could just go and say all currency should be based on sunlight, that countries get to mint currency each day representing the total energy gain from the light that falls on their lands. It's not at all fair, and would never be considered seriously, but it is the most logical form of currency.

      The gold standard is something everyone can understand, is familiar with, and works. The only reason we ever broke from it is from running national social programs and wars at the same time. When we first adopted the Bretton Woods system in 1946, gold was at $35 an ounce. When we broke from the Bretton Woods system in 1971, Gold was at $44 an ounce. Right now it's around $844 an ounce. Does that help put things into perspective?

    80. Re:lawmakers by Ashriel · · Score: 1

      This is why I'm not advocating anarchy. I'm advocating the government structure guaranteed to us in the U.S. Constitution, of a government that was bottom-up in design with no head; from the people to their communities to the counties to the sovereign states, with a legal entity formed by the contract between them to solve interstate disputes.

    81. Re:lawmakers by Anonymous Coward · · Score: 0

      You see, you assume laws are in the intrest of society, which is a standpoint that's idiotic, to say the least. In fact, given the world's current situation, the less laws a society has, the better it does.

      Oh, really? Maybe I could interest you in a small business I've started in Russia....Or maybe you would have liked the Katrina evacuation where law had broken down. You might like Somalia, too.

      Your statement is an absurd personal opinion unsupported by any facts or examples. It may be that the U.S. has too many laws, but your opinion doesn't follow from that possibility. Tell me about a prosperous, successful society that exists outside your imagination (or someone elses) with almost no laws in place.

    82. Re:lawmakers by budgenator · · Score: 1

      I would argue that the government made a big portion of the current mess by making mortgage interest income tax deductible, without that the feeding frenzy by predatory lenders would have been less likely to turn into the death spiral it did.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    83. Re:lawmakers by SEE · · Score: 2

      Actually, that was a different tax credit, the synfuels tax credit passed in the 1970s, not the new mixed-fuels tax credit.

      So, pick your scenario:

      1) The Congressmen who passed this new credit were ignorant of how the similar synfuels credit was exploited earlier this decade, despite broad publicity of the abuse (in, for example Time .
      2) The Congressmen who passed this new credit were aware of how it could be abused, but were too incompetent to put in safeguards against abuse.
      3) The Congressmen who passed this new credit were aware of how it could be abused, and intended it to be so abused.

    84. Re:lawmakers by budgenator · · Score: 1

      If Libertarian philosophy = Anarchy, then:

      Democratic philosophy = Socialism, and

      Republican philosophy = Fascism.

      Given the alternatives, I'll accept anarchy.

      You say that like Socialism and Fascism are really different.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    85. Re:lawmakers by Anonymous Coward · · Score: 0

      It is perfectly fine to close the loophole. The ex post facto part is that the company cannot be held liable for violating the law during the time before the change was made.

      In other words, I can't make a law today that says that buying subversive books is illegal as of two weeks ago, then retroactively arrest people.

      So, until the loophole is closed, the company is able to continue exploiting it.

    86. Re:lawmakers by ichigo+2.0 · · Score: 1

      Where are we being screwed? In the auto sector, where US problems flow across the border; in our softwood, paper, and logging sector, where both US protectionism and flagging demand flow across the border; in our tourism sector, as US visitors (by far the majority) can no longer afford to take vacations anywhere, let alone Canada, so your problems again flow across the border.

      Wait. Are you blaming the US for lower demand? That's a bit like getting upset at your customer that he has reached his credit limit and can't buy more of your stuff. Had the US bubble not occured, that demand you lost would not have existed in the first place! That said, bubbles are a retarded way to "grow" an economy.

    87. Re:lawmakers by Bob9113 · · Score: 1

      In the short term the solution for this is for the president to order the IRS to withhold these payouts until congress can close the loophole. If the paper companies sue, they would get laughed at or scolded by the judges as this is an obvious and evil perversion of the intent of the law.

      As others have noted, we have statutory law in the U.S., which means the letter is what matters.

      But your point is still a good one on the right path. The next question is "What should we do?"

      The answer, I think, is to minimize specificity in laws. We cannot have highly specific laws which are also accurate. Or, said differently, our laws can be precise, or they can be accurate, but they cannot be both.

      Seeing evidence of this fact in practice, we should use this evidence to further our cultural understanding of the problem of specialized legislation. Specificity breeds abuse. Continue with the thought experiment and develop your own ideas about the solution to unintended consequences. Or build on the above stated concept that specificity is the problem. Remain hopeful, and keep pushing forward. Each of us is just a drop of water, but if all thoughtful people like yourself continue to push forward, we can build stronger societies tomorrow.

    88. Re:lawmakers by Sentry21 · · Score: 1

      Except that the largely prevailing attitude in the US judicial system seems to be that of the letter of the law, not the spirit of the law. The trend is that if there's a loophole, you exploit it, and if the law says it's ok, then it's ok.

      The US needs to shift in the opposite direction, that of intending to do the right thing and punishing those who don't. The spirit of the law, in American legal culture, is meaningless. Until that changes, loopholes will be created and exploited at every opportunity.

    89. Re:lawmakers by similar_name · · Score: 1

      But how would you determine the creation of such money?

      The money would be redeemable for a certain amount of energy much like silver certificates used to be redeemable for a certain amount of silver. I think you could base the printing of money on how much energy a country produced. Obviously some countries would be at an advantage, but then again they already are.

      It's not at all fair, and would never be considered seriously, but it is the most logical form of currency.

      It's not fair that some countries naturally have more gold than others.

      The gold standard is something everyone can understand, is familiar with, and works.

      I know we all agree gold has value, therefore it has value.

      Right now it's around $844 an ounce. Does that help put things into perspective?

      I think a lot of natural resources are at extreme highs. I'm just not convinced that basing our money on gold does anything more than constrict liquidity and create an economic placebo effect.

      PS Did you think I was trolling. It's my first troll mod :(

    90. Re:lawmakers by BoberFett · · Score: 1

      Mynd you, moose bites Kan be pretti nasti...

    91. Re:lawmakers by nacturation · · Score: 2, Insightful

      Irrelevant! I am differentiating between the letter of the law and the spirit of the law. You're a typical anti-corporate insect.

      Wow, I can see the froth.

      You object to applying the same argument against individuals. The principle is the same. How does the argument change if the Prius costs is less than the credit? Are the "previously bike-riding individuals" scumbags then?

      Well, let's take this scenario you propose then. For sake of argument, let's just say the Prius cost is $30,000 to drive it new off the lot with all taxes and fees included. Using your argument that the cost is less than the credit, let's say I would get a $35,000 credit for buying a Prius. Now, let's say that I buy a Prius for $30,000 and get the $35,000 credit, and then have the Prius compacted into a cube and sent to the landfill for a few hundred bucks. I've just made almost $5,000 and have polluted the environment even more. Further, let's say I just keep on doing this. After buying ten Priuses and throwing them into the landfill, I'm almost $50,000 ahead. Hell, I'd buy as many Priuses as I could if I would have a $5,000 profit from each one. They couldn't make enough of them.

      I would consider *myself* a scumbag if I did that.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    92. Re:lawmakers by jc42 · · Score: 1

      Indeed, and it's even more fun to do that sort of thing "in translation".

      Thus, just a few days ago I was involved in a discussion elsewhere that involved the "Huang Ho river" in China. Among other things, I mentioned that the proper transliteration now that pinyin is the official standard would be "Huang He" (or even better, "Huang2 He2"). But I didn't mention that "he2" is Mandarin for "river", so "Huang Ho river" means "Yellow River river". I just went along with the phrase as if there were nothing odd about it, since nobody else in the discussion seemed to know even that much Mandarin.

      I also recently visited the wikipedia page for the Alhambra World Heritage Site. I enjoyed the way the article starts with "The Alhambra ...", in blatant defiance of the fact that that initial "Al" is Arabic for "the". There are lots of place names around the world that include a definite article, so there's lots of opportunities for this particular sort of in-joke. I wouldn't be surprised if that article was written by someone like me that knew full well what he/she was writing.

      I also had a bit of fun in another recent discussion writing something about "the Mauna Loa mountaintop", and liked the fact that nobody else seemed to know (or care) that "mauna" is Hawaiian for "mountain". (Jeez; everyone should know that much Hawaiian, right? ;-)

      English has a number of cases like this built in. Thus, in England, you'll see occasional references to the Avon River or the River Avon (of which there are four in England and two in Scotland ;-). Avon is, of course, the English (mi)speling of the Welsh word "afon", which means "river", but I suppose that few non-Welsh English know that. I just looked up the wikipedia page for that name, and it starts right off telling the reader what the name means.

      There are Departments of Redundancy Departments alive and well in a lot of countries ...

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    93. Re:lawmakers by burnin1965 · · Score: 1

      The "gaming of the system" may actually be by the lawmaker.

      In reading the legislation that was proposed by Texas Representative Joe Barton, I believe you have it right. Section 1534 of HR 6 amended the Internal Revenue Code to allow for a 50 cent per gallon tax credit on alternative fuels but amazingly also added a paragraph that states in very clear terms that a taxpayer who uses an alternative fuel but does not take a tax credit will be paid 50 cents per gallon by the Secretary.

      Title 26, Subtitle F, Chapter 65, Subchapter B, Section 6427, Subsection e, paragraph 2

      (2) Alternative fuel
      If any person sells or uses an alternative fuel (as defined in section 6426 (d)(2)) for a purpose described in section 6426 (d)(1) in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the alternative fuel credit with respect to such fuel.

      Since a tax credit had already been amended this paragraph was added intentionally to pay out tax dollars in place of providing a tax credit. This is not an incompetent mistake of a dumb government representative.

    94. Re:lawmakers by mrcaseyj · · Score: 1
      CrimsonAvenger wrote:

      ...
      The letter of the law is what the law is, not the "intent" of the law.

      Which means it would be illegal to withhold payments specified by law, and any lawsuit challenging such an act would likely succeed, with penalties.
      ...
      After all, if the government can choose to not obey this law that you dislike, what's to prevent them from disobeying a law you like?

      I want to make clear that I don't think the President shouldn't just ignore any law he thinks is a bad idea. Only in exceptional circumstances should the President disregard the letter of the law.
      If the letter and consequences of the law were Congresses intent, the President must respect it.
      If Congress has realized the consequences of the law and had ample opportunity to change it, but hasn't, then the President should let it be.

      The letter of the law shouldn't and I think doesn't always prevail over the intent. In a criminal prosecution the defendant should be given the benefit of the letter of the law, but the executive branch isn't required to enforce a law that has an insane unintended consequence. When it is obviously the right thing to do, the President can invoke the "Necessary and Proper" clause of the Constitution.

      A lawsuit against the IRS would be unlikely to prevail because Congress could just pass a law halting the lawsuit before it reached its conclusion.

      I'm not advocating the President disobey a law just because he or I don't like it, but rather only when it has insane UNINTENDED consequences.

    95. Re:lawmakers by rohan972 · · Score: 1

      The great majority of sub-prime loans made were not made under The Community Reinvestment Act.
      The sub-prime loans made under the Community Reinvestment Act have a lower default rate than those made outside of its' purview

      but all the sub-prime loans were done in a system of fractional reserve lending, a system of lending that if it was not given legitimacy by government regulation, ought to be rightly prosecuted as fraud.

      Without government force making people accept bank created "money" (the bulk of which only exists as a loan) as payment, none of this could have happened. The illusion people have that once you have this bad regulation, all it takes is a mountain more of regulation to fix the problem is irrational. Fractional reserve lending as a government backed system of producing the money supply is unconstitutional in the US and destined to rob the people in any country. As we see today.

    96. Re:lawmakers by WindBourne · · Score: 1

      Sadly, there is little that is a mistake in gov., even though many explain it that way. I have been trying to figure out exactly what Clinton and Obama meant with their little "mistakes".

      --
      I prefer the "u" in honour as it seems to be missing these days.
    97. Re:lawmakers by Mozk · · Score: 1

      How about "the Los Angeles Angels"?

      Or "the La Brea tar pits"?

      --
      No existe.
    98. Re:lawmakers by rohan972 · · Score: 1

      ...countries such as Australia and Canada with much stricter banking regulations (and seemingly more effective ones) have escaped the brunt of the current crisis relatively well.

      Four of the top 20 banks in the world (20%) are currently Australian, which is an amazing feat for a country of only 20 million people.

      As an Australian I do not share your confidence in Australian banks/economy at this stage. Australians are neck deep in debt, just like Americans, and we've only just gone from a significant budget surplus to massive deficit. Had we started this from a position of deficit like the US, I doubt it would be looking so good now, and even so:
      http://business.brisbanetimes.com.au/business/bank-gamble-on-first-homes-20090412-a41y.html
      THE rush of first-home buyers is emerging as a bad-debt time bomb for banks, as government cash incentives for new home owners drives about a quarter of all new mortgage applications for banks.

      Combined with the additional lure of low interest rates, analysts have warned that the new customers are inherently risky for banks, particularly given the likelihood of unemployment increasing in the next year.

      "The confluence of artificially high housing prices, lack of a savings track record and higher unemployment risk makes the first-home buyer segment the high-risk segment within the banks' portfolio," RBS Equities analyst Jarrod Martin said.

      Tough prudential rules have meant Australian banking has largely avoided extensive subprime lending losses that occurred around the world, but first-home buyer losses could drive hundreds of millions of dollars in extra losses for banks.


      http://www.brisbanetimes.com.au/national/cheap-rent-tax-break-is-pushing-up-house-prices-20090412-a3zl.html
      Cheap rent tax break is pushing up house prices

      But analysts warn that the scheme, intended to increase the supply of cheap rental accommodation, is contributing to a boom in house prices under $500,000, making home purchase more expensive.


      Risky mortgages being made to people who couldn't get them without government interference in a market with artificially high house prices. Sound familiar? Watch this space. Our money supply also is based on the inflated "value" of these houses, and the capacity of the borrowers to pay. That's the problem, due entirely to regulation. The market uses that system because it has to by government edict. Our currency ought to be based on current economic production, not wistful thinking about the future.

    99. Re:lawmakers by Stormy+Dragon · · Score: 1

      ALICE (Exasperated, pointing after RICH) While you talk, he's gone! MORE And go he should, if he was the Devil himself, until he broke the law! ROPER So now you'd give the Devil benefit of law! MORE Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER I'd cut down every law in England to do that! MORE (Roused and excited) Oh? (Advances on ROPER) And when the last law was down, and the Devil turned round on you-where would you hide, Roper, the laws all being flat? (He leaves him) This country's planted thick with laws from coast to coast-man's laws, not God's-and if you cut them down-and you're just the man to do it-d'you really think you could stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake.

    100. Re:lawmakers by rohan972 · · Score: 1

      These private non-bank lenders enjoyed a regulatory gap, allowing them to be regulated by 50 different state banking supervisors instead of the federal government. And mortgage brokers, who also weren't subject to federal regulation or the CRA, originated most of the subprime loans.

      And why did those loans cause a contraction in the money supply when they weren't paid? That only happens because of government backed fractional reserve lending. The situation has been entirely initiated by government intervention. Unconstitutional government intervention at that, being the formation of the fed.

      By the way: http://www.google.com/search?hl=en&q=Barack+Obama+Citibank+CRA

      This is a direct result of the 2004 loosening of regulations that restricted their debt-to-net-capital ratio to 15 to 1. After 2004 this became 30 to 1, setting these institutions up for the economic meltdown in 2007 and 2008.

      ... and yet for any private citizen, a debt-to-net-capital ratio of more than 1:1 is called bankruptcy, which you may avoid if you manage to keep making your payments. What is it that allows lending institutions such ratios? Regulation, that's what. Without law on their side to make their loan created money acceptable as payment of debt and taxes, without laws that allow them to operate with levels of debt that we all know are foolish and irresponsible if taken on by an individual, none of this financial collapse could have happened.

    101. Re:lawmakers by CrimsonAvenger · · Score: 1

      When it is obviously the right thing to do, the President can invoke the "Necessary and Proper" clause of the Constitution.

      You are aware, perhaps, that not everyone will agree with you on the meaning of "obviously the right thing to do", correct? That it's just barely possible that a President could do something that you considered downright evil that seems to be "obviously the right thing to do"?

      Do not make the mistake of giving the President the power to make the law whatever he decrees it to be - that way lies tyranny. Even if he's doing what is "obviously the right thing to do".

      Note, by the way, that the Supremes look unkindly on laws with selective enforcement. They can only rule on them if a case goes all the way, but don't bet on them deciding the merits of a case using the "obviously the right thing to do" standard - they tend to be a bit pickier about the Constitution than that.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    102. Re:lawmakers by sumdumass · · Score: 1

      want to make clear that I don't think the President shouldn't just ignore any law he thinks is a bad idea. Only in exceptional circumstances should the President disregard the letter of the law.
      If the letter and consequences of the law were Congresses intent, the President must respect it.
      If Congress has realized the consequences of the law and had ample opportunity to change it, but hasn't, then the President should let it be.

      Your on some shaky grounds here. The president should ignore any law when it is appropriate. The definition and extent of appropriate can be argued but certainly you wouldn't expect the president to follow a law that says he must sign everything congress gives him into law without ever vetoing it, would you? You wouldn't want him to follow a law that says only congress can negotiate treaties or command the military Or a law that says he needs to mobilize the justice department to kill the first born son of everyone in the land, would you? How about a law giving control of America back to England?

      A law is not a sacred thing. It's just the intent expressed and backed by the power of the legislature and executive. When they don't have the power to create or enforce the law, the law is meaningless. When you have a power or authority that superceeds the law, it is again meaningless.

      Nothing in this law that I know of would allow the president to ignore it or stop it's enforcement. I just wanted to make sure that you know there are appropriate times to ignore the law, even for the president.

    103. Re:lawmakers by Anonymous Coward · · Score: 0

      I also don't think the legislators are incompetent. But let's not make it that complicated. The short story is that they are simply corrupt! Patriot Act, downing of Glass-Steagall, Enron loophole for 8 years or so, FISA, Agriculture and GMO, HR 875 now, these are only the things in my memory. Te pattern is there. Complete and utter corruption.

    104. Re:lawmakers by perlchild · · Score: 1

      Laws are created by humans, self-interested, no-more and no-less competent humans than in many other fields.

      On the other hand, Laws are also removed by humans, those same humans.

      Saying the less laws a people have automatically makes it better is just as short-sighted as saying the same as saying the people with the most laws must live better.

      The humans removing the laws will remove the best laws first, unless some other process is at work.

      Finagle's law of unintended consequences means... the people with the best laws... have an average amount of them... and got there entirely by accident.

      Anything else is just unprovable.

    105. Re:lawmakers by m0rph3us0 · · Score: 1

      Because its after the fact. Hence, ex post facto.

      From wikipedia:
      An ex post facto law (from the Latin for "after the fact") or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law.

    106. Re:lawmakers by Ian+Alexander · · Score: 1

      Nowhere in mrcaseyj's post that parent "fixed" did he suggest that Congress should retroactively withdraw the credit. It takes a fertile imagination indeed to insert a "retroactively" where none was in the first place.

      I would have thought asking the IRS to withold payout of the credit would have aroused ire and I could see the ex post facto-ity then but fixing a law to make its effects meet the intent in the future?

    107. Re:lawmakers by osgeek · · Score: 1

      Corporate American Culture is just meeting a demand that makes them money. Duh.

      The problem is that the government is the stupidest most corrupt consumer on the planet and shouldn't be given two nickels to rub together. It will never ever spend money wisely. The only solution is to take money away from the government.

      Don't you people realize that the government can't be trusted with all the power and money that they're given? The only half-decent solution is to drastically reduce their power. Take their money away. Only vote for politicians that commit to lower taxes and reduce the size of government (and vote out anyone that doesn't keep those commitments).

      As stupid and sinister as W and his gang were, this new bunch is even more dangerous. They don't have any opposition in congress and the press is doing an even worse job playing devil's advocate than they did in the lead-up to the Iraq War. This administration is a runaway freight train of irresponsible children in the candy store and we are all going to lose our teeth from the sugar overdose.

      Yes we can! (go bankrupt)

    108. Re:lawmakers by sonicmerlin · · Score: 0

      You can't fault them entirely for that. Bills tend to be exorbitantly long and detailed (we're talking hundreds of pages). They would have to spend far more time than they have to read *every* *single* *detail* on *every* bill. That's why they have underlings. They're *supposed* to worry about the details and prevent loopholes like this from occurring. Of course no one's perfect (as if you haven't made mistakes before). Congress's problem isn't that they make mistakes. It's that it takes a god-forsaking long time for them to correct their mistakes (in part due to lobbyists and such).

    109. Re:lawmakers by osgeek · · Score: 1

      Well how do you think they were able to be so economically successful as to be able to pay off any debt in the first place? They were happy to have our wind in their sails when things were moving along. Now that we're in a dead calm, they want to point fingers. Human nature, I guess... but inaccurate.

    110. Re:lawmakers by hrvatska · · Score: 1

      These private non-bank lenders enjoyed a regulatory gap, allowing them to be regulated by 50 different state banking supervisors instead of the federal government. And mortgage brokers, who also weren't subject to federal regulation or the CRA, originated most of the subprime loans.

      And why did those loans cause a contraction in the money supply when they weren't paid? That only happens because of government backed fractional reserve lending. The situation has been entirely initiated by government intervention. Unconstitutional government intervention at that, being the formation of the fed. By the way: http://www.google.com/search?hl=en&q=Barack+Obama+Citibank+CRA

      Since the vast majority of loans that created this crisis were not CRA related, I'm at a loss to understand why you continue to focus on CRA loans. CRA loans do not have an excessive default rate, unlike the very creative sub prime mortgages created by non-CRA financial institutions, like Countrywide. Here's what the president of the Bank of America had to say on the subject.

      "I've seen a disturbing trend among some market observers, who are trying to lay primary blame for our current troubles on CRA. I think itâ(TM)s fair to say that in many cases CRA lending standards fell victim to the same market pressures and overconfidence we saw in other sectors of the mortgage markets. In that regard, political pressure to expand homeownership did become one of many contributing factors as the housing bubble grew. But the charge that CRA lending was the primary or foundational cause of our housing crisis is not only unfair, it's not true."

      "Some quick history. CRA was passed in 1977 to require banks to make loans in the same neighborhoods where they collected deposits, including low-to-moderate income neighborhoods. There's no mandate to make risky loans, or to abandon sound lending principles."

      "Many reports and investigations, including a Fed report in 2000 and our own experience over the past 30 years, have found that CRA lending can be profitable, and need not be overly risky. The riskiest subprime lending of the past ten years didn't have anything to do with CRA, in fact, 75% of high-priced loans made by mortgage companies and bank affiliates in recent years were not covered by CRA."

      Other than as a historical footnote, I fail to see what the link to Obama's involvement with an anti-discrimination lawsuit has to do with today's financial crisis. The court case says absolutely nothing about the CRA. It is a suit against Citibank for discrimination in loan practices. Did that lawsuit lead to people who could not afford a mortgage getting mortgages? Or did it lead to Citibank offering mortgages to people who weren't as profitable to loan to but were capable of handling a mortgage? None of the links offer any evidence that bad mortgages were made as a result of the lawsuit.

      This is a direct result of the 2004 loosening of regulations that restricted their debt-to-net-capital ratio to 15 to 1. After 2004 this became 30 to 1, setting these institutions up for the economic meltdown in 2007 and 2008.

      ... and yet for any private citizen, a debt-to-net-capital ratio of more than 1:1 is called bankruptcy, which you may avoid if you manage to keep making your payments. What is it that allows lending institutions such ratios? Regulation, that's what. Without law on their side to make their loan created money acceptable as payment of debt and taxes, without laws that allow them to operate with levels of debt that we all know are foolish and irresponsible if taken on by an individual, none of this financial collapse could have happened.

      Good regulation is what prevents financial organizations from becoming too leveraged. Banks push

    111. Re:lawmakers by jc42 · · Score: 1

      Or the name "Mississippi", which has all sorts of fanciful stories and flowery translations, but most likely is just derived from a Chippewa (Ojibwa) phrase meaning "big river". There are place names like that all over. This is especially true in East Asia, where there are lots of place names that sound like proper names but are actually simple descriptive phrases. Esoteric-sounding names like Beijing ("north capital"), Tokyo ("east capital"), and Shanghai ("on the ocean").

      This is sorta OT now, of course ...

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    112. Re:lawmakers by jc42 · · Score: 1

      You can't fault them entirely for that. Bills tend to be exorbitantly long and detailed (we're talking hundreds of pages). ...

      Sure we can. ;-)

      Congress's rules and procedures weren't imposed on them by some super-powerful outside force. They set up the rules themselves, and they don't seem to be interested in fixing the problems. The only people you can possibly blame are the (past and present) members of Congress. And the most likely theory explaining why they don't fix the problems is that the majority approve of the way it now works.

      Of course, it isn't the fault of any one single Congressman (or woman). It's what's called a "system problem". And it's a good illustration of the saying that "when responsibility is divided, nobody is responsible".

      It might be interesting if a few Congressmen stood up to it, and declared that they won't vote for a bill because they don't understand it. Granted, people would mock them for it. But then imagine the fun when pundits tried explaining to the public why the bill was simple. The ensuing public debate would make it clear that nobody at all understands what the bill would really do, and people would slowly start defending the Congressman.

      But I don't expect such a thing to ever happen. As many people have explained, most members of Congress (and their corporate supporters) profit financially from the current mess, so they have a good incentive to make sure it continues.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    113. Re:lawmakers by Anonymous Coward · · Score: 0

      The letter of the law is what the law is, not the "intent" of the law.

      WRONG.

      The Law is just a prediction of how a judge will rule.

    114. Re:lawmakers by rohan972 · · Score: 1

      Since the vast majority of loans that created this crisis were not CRA related, I'm at a loss to understand why you continue to focus on CRA loans.

      CRA was one thing I mentioned. From my last post, for your reading pleasure since you obviously missed it last time: "but all the sub-prime loans were done in a system of fractional reserve lending, a system of lending that if it was not given legitimacy by government regulation, ought to be rightly prosecuted as fraud." Which is to say, fractional reserve lending is the real culprit and is only possible on a national scale because it is propped up by legislation (regulation).

      Here's what the president of the Bank of America had to say on the subject.

      http://en.wikipedia.org/wiki/Bank_of_america#Federal_bailout
      "Bank of America received US $20 billion in federal bailout from the US government through the TARP program on 16 January 2009 and also got guarantee of US $118 billion in potential losses at the company.[24] This was in addition to the $25 billion given to them in the Fall of 2008 through TARP.

      If the president of the Bank of America had any worthwhile understanding of the subject then they shouldn't need billions in bailout money. People with their hands out for money need to be told how finance works, not given a platform to speak. Sheesh, what's wrong with you people! Do you get advice on morality and self-control from crack-whores as well? There were people warning about this even years before it happened, and people who where saying everything was fine right up until the crash, and which of these do you now listen to?

      Good regulation is what prevents financial organizations from becoming too leveraged.

      Legal protection of fraudulent lending practices is what allows them to become too "leveraged". The fact that there was still officially a gold standard in 1907 doesn't mean a thing since fractional reserve lending was still standard banking practice. The proper response would have been to prosecute the creators of fraudulent money (ie: that without sufficient gold or silver to back the promissory notes) with fraud or counterfeiting instead of introducing laws and regulations so that the fraud was (hopefully) sustainable.

      Instead of an argument about why the gold standard is no good (when in reality fractional reserve lending abolished the gold standard long before legislation did), I'd like someone to explain why fiat money should be considered legal tender when it is expressly forbidden by the US constitution. Is there a relevant constitutional amendment that I'm not aware of?

    115. Re:lawmakers by erko · · Score: 1

      Shouldn't the intent of the law be written into every law? Obviously this could lead to problems with multiple interpretations, but the problems that arise with specifying a law's details without specifying its purpose are ridiculous.

    116. Re:lawmakers by hrvatska · · Score: 1

      In two hundred years no major court ruling in the US has found fractional reserve banking illegal or unconstitutional. If you're waiting for such an event you'll be tilting at windmills for the rest of your life. The biggest political opponents of the federal reserve have all the political power of house cats. Ron Paul has a snow ball's chance in Brazil of getting elected to anything more significant than a congressional seat. Face it, we live in a world of fiat currency, every single significant economic system in the world is based on fiat currency. The transition to full reserve banking would lead to an economic contraction the likes of which we've never seen. What we're experiencing now would be mild next to it.

    117. Re:lawmakers by Anonymous Coward · · Score: 0

      You are aware, perhaps, that not everyone will agree with you on the meaning of "obviously the right thing to do", correct? That it's just barely possible that a President could do something that you considered downright evil that seems to be "obviously the right thing to do"?

      There are infinite possibilities out there. You take situations as they come. The president has the power to do this. The question is whether or not he should. If he were to try to use it in a way that most people disagreed with, then I'd expect serious opposition to it. Kind of like with Bush's warrantless wiretaps.

      When someone is trying to game a law that is intended to increase conservation in order to make money by being even more wasteful, then yeah, I think preventing that would easily fall under the "obviously the right thing to do" header. The next situation may not be so clear-cut. This one seems pretty indefensible on the part of the paper companies though.

      Someone thought they were being clever and could fuck over the taxpayers to enrich themselves. I think it should be them that gets the shaft instead. Do you see some possible good-faith reason for them doing this? I sure don't.

    118. Re:lawmakers by Danse · · Score: 1

      "until congress can pass another ex post facto law" Fixed.

      So what? The courts already decided they can do it with copyrights. So if we can get fucked by such changes, then surely we should also be allowed to benefit from them by saving $8 billion in our tax dollars from being handed out to some assholes who were acting in bad faith.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    119. Re:lawmakers by vertinox · · Score: 1

      After all, if the government can choose to not obey this law that you dislike, what's to prevent them from disobeying a law you like?

      Actually, the government does it all the time. I forget the exact phrase, but it is mostly where the executive branch just ignores the enforcement part of the law.

      I think Jefferson and early presidents were noted to this by the admission that the law was unconstitutional and therefore they were under no obligation to enforce it.

      GWB did this quite a bit as well, but I don't think it was the same reason but just failing to enforce laws that he didn't agree with. It wasn't that he was breaking the law, but he was not really obligated (or punished) for not fulfilling the executive duties.

      Also, jury nullification has been upheld by the supreme court in which juries can basically give a person a "not guilty" verdict because they feel the law was wrong or unjust even though the person has broke the law.

      People often forget that legal does not always equal moral and that sometimes you have to break those laws simply because it would be unethical and immoral to follow those laws, or impractical (usually this is the one that most people get caught up with) to a point that you could not follow the law even if you life depended on it.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    120. Re:lawmakers by Red+Flayer · · Score: 1

      the real problems with the economy can be attributed to the creation of the Federal Reserve (putting banks in charge of the economy in the first place)

      Horseshit.

      Creation of the Federal Reserve banks has done more to prevent terrible economic situations than anything else that has been tried. The situation prior to creation of the Federal Reserve was atrocious, with unameliorated boom-and-bust cycles that periodically crippled the US economy.

      and the dissolution of the gold standard (allowing the Fed to create as much money as it wants, without creating actual wealth to accompany it).

      More horseshit. The Fed doesn't print currency, which is the place where the gold standard would come into play (other than a host of other affects, such as artificially increasing the price of gold, among other things). It's lending that the Fed oversees and affects, which is a larger source of money in the money supply than currency. Unless you propose forcing banks to hold gold in reserve for loans made (which would kill lending), then a gold-backed currency would have very little impact on the money supply. Furthermore, are you actually calling gold "actual wealth"??? That's a fundamental misunderstanding of what a commodity-backed currency is. Gold is not wealth. Wealth is the ability to purchase goods or labor, and it can take the form of gold, of oil, of paper currency, of numbers in a database, or of intangibles.

      Government involvement has done nothing but harm the economy since at least the 1920's, when anti-competitive legislation first began rearing up. It's only grown since then - we really do need less legislation: the people and the states will pull themselves out of this mess much more easily without the federal government mucking things up.

      Oh God. You really believe that, don't you? Have you bothered to study the economics of the 19th century? What the hell do you think the Glass-Steagall Act (of 1933!) was, if not anti-competitive legislation?

      Please, stop spreading untruths, there is already a shortage of understanding of economics among people in general. It's one thing to understand the economics and disagree, it's another thing entirely to talk out of your ass. Please stop reading anarchist/goldbug claptrap and instead study some real economics before discussing economic issues.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    121. Re:lawmakers by Anonymous Coward · · Score: 0

      Of course, very nearly all muslim countries are, at best, third world countries, racist dictatorships or worse.

      Wow, prejudiced much?

    122. Re:lawmakers by Anonymous Coward · · Score: 0

      I also recently visited the wikipedia page for the Alhambra World Heritage Site. I enjoyed the way the article starts with "The Alhambra ...", in blatant defiance of the fact that that initial "Al" is Arabic for "the".

      I recently read your nit-picking grammar post, and enjoyed the way you managed to use the exact same construct ("the Alhambra") you were criticizing.

      Well played, sir. Well played.

    123. Re:lawmakers by Volante3192 · · Score: 1

      Apples, oranges.

      If mixing in diesel fuel provided a substancial benefit to the manufacturing process but also cost more than the credit, then I see no problem.

      A tax credit should be less than the initial costs to get it. If I get, say, $5,000 in solar panels, I should not be able to take a $7,500 tax credit, and if I was able to take a $7.5k credit on $5k worth of panels, then that's a clear loophole and should be stopped.

      Credit of $2,000, $3,000, $1,000? I don't know what the right number should be, but at with those numbers, I'm taking an initial loss on the investment.

      The SPIRIT of tax credits on product like this is to help subsidize things that, while more expensive, will provide both a long term benefit and increase demand leading to lower costs.

      This is providing neither: there is no manufacturing benefit to mixing in the diesel fuel and it won't lead to lower costs for paper.

    124. Re:lawmakers by bleckywelcky · · Score: 1

      Judges rule on the "spirit of the law" all the time. This particular case would be difficult though since the IRS code uses very literal contract language.

    125. Re:lawmakers by inviolet · · Score: 1

      More wealth isn't really being generated, it is being added to the pile because others are taking it out...

      If the net size of the pile is stable, then the economy is not growing. That may be acceptable, in which case we do not need to change the supply of money. However, most of us agree that Western economies are all growing (other than the periodic recessions), in the sense that the pile is becoming larger, and becoming composed of higher-valued items. If the money supply is not increased, then money must deflate, because the net value of actual wealth in the pile is higher.

      It is hard to argue that deflation is socially useful. So unless you want to make that argument, you need an answer to the question of how, and who, increases the money supply to keep pace with the pile. If you propose precious metal, you need to explain how we keep the growth of mined gold equal to the size of our economies. (This was *the* argument of the "Don't crucify me on a cross of gold" movement that ended the original gold standard.)

      A small number of individuals take far more out of the economy than they put back in.

      Your leftist screed is out of place in this discussion... but I'll answer it anyway. The opportunity to consume a larger share of the pile is the incentive to work hard. More than one formerly-wealthy region has bankrupted itself by removing that incentive.

      --
      FATMOUSE + YOU = FATMOUSE
    126. Re:lawmakers by inviolet · · Score: 1

      I would argue that the real economy does not grow much at all, only that living standards get continually better through advance of technology

      What in the world do you suppose the economy is, if not that?

      The progress of safety and comfort is wealth. The same acre of land becomes a greater chunk of wealth based on what is constructed on it, around it, near it.

      and that the inflated economy we see today is a result of profit from a position of debt.

      It's the result of foreign investment, yes, which is very low-interest debt. It is rational to borrow money at 1% in order to expand one's concerns, which is why we can't resist doing it. Were we an unreliable bet, we (our central bank) would have to pay a higher interest rate for foreign capital, and that would stop the deficit spending.

      None of this is obviously objectionable, and the use of the word 'debt' to describe it can be considered dishonestly provocative, because at these ridiculously low interest rates, it is a whole different class of debt than (say) a credit card. You would criticize a businessman for borrowing at 21% to build a second warehouse, but you'd laugh at him if he didn't borrow at 1% to open another storefront.

      In any case, from your non-answer I assume you are (like me) an angry o'ist who knows the current situation is wrong but doesn't know how to make it right. Welcome to the club.

      --
      FATMOUSE + YOU = FATMOUSE
    127. Re:lawmakers by sonicmerlin · · Score: 0

      I don't...think you understand how many specific issues a bill has to address. There are so many different parties effected by each bill. They have to be that long lest they leave things to be misinterpreted and misapplied by those in charge of enforcing the rules. It's impossible for every member of congress to read every single line written about every bill, so it's left up to committees to go through the nitty gritty details. That's why lobbyists can have such a large effect. All they need to do is influence/bribe the head of a specific committee to get their needs addressed in whatever bill is being drawn up. The truth is it's impossible to avoid this kind of situation with such a huge population. You could legally ban lobbying, but then it would all end up going underground. The best you can do is limit it.

    128. Re:lawmakers by rohan972 · · Score: 1

      In two hundred years no major court ruling in the US has found fractional reserve banking illegal or unconstitutional.

      Indeed. That's why I said it should be prosecuted as fraud, not has been prosecuted as fraud. Nevertheless it is difficult to find a better description for the practice of lending money that doesn't exist at interest.

      If you're waiting for such an event you'll be tilting at windmills for the rest of your life.

      I didn't say I was expecting it. I'm also not expecting governments to act in the best interest of the people, or for the general population to develop critical thinking skills. All those are still worth promoting though.

      Face it, we live in a world of fiat currency, every single significant economic system in the world is based on fiat currency.

      Oh, everybody is doing it, so it's a good idea! How did I miss that? Carry on then, my mistake, so sorry. Ignore the crash, this system is fine because everybody is involved.

      The transition to full reserve banking would lead to an economic contraction the likes of which we've never seen. What we're experiencing now would be mild next to it.

      Yes, because there is no possible way that we can have a prosperity unless the bulk of society is spending wealth that hasn't been generated yet. It isn't productivity and frugality that produce wealth, it's constantly living in hock that does it. Thanks for explaining that to me.

  2. The Michael Scott Paper Company by Mr.+Maestro · · Score: 2, Funny

    is all over this!

    1. Re:The Michael Scott Paper Company by Mozk · · Score: 1

      So are we getting a new Roland or something?

      Jamie found a post on ScienceBlogs [...]

      And the entire post on ScienceBlogs consists of a two-sentence summary, seven paragraphs from the original source in blockquotes, and an irrelevant, one-sentence "opinion" to finish it off.

      Just link to the damn article itself.

      --
      No existe.
  3. Law from 2005 by Anonymous Coward · · Score: 5, Informative

    It wasn't mentioned in the summary, but the tax credit was passed in 2005. So no one thinks the $8 billion is related to stimulus packages passed more recently.

    No, those will cost us a lot more when companies figure out how to fraud them.

    1. Re:Law from 2005 by Hurricane78 · · Score: 1

      They did already. From what I heard from internal sources, as much as possible of that stimulus package, goes into parties, sex, drugs, and hookers of the big bosses of all banking companies. Then into big houses and other material wealth. And so on. Unfortunately, with that much money, you can party a loooong time. So I guess it goes like the board game Go For Broke. ;)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    2. Re:Law from 2005 by dbcad7 · · Score: 1

      And now, after the other guy attempts to clear things up about this Bush tax credit not being the stimulus package, you throw in the bailout (Also different than the stimulus package and passed under Bush).. I feel informed now, Thanks !

      --
      waiting for ad.doubleclick.net
  4. Well, folks... by u38cg · · Score: 2, Insightful

    ...this is why centrally planned aconomies don't work.

    --
    [FUCK BETA]
    1. Re:Well, folks... by moosesocks · · Score: 1, Insightful

      Care to offer any solutions that haven't already been tried?

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    2. Re:Well, folks... by glgraca · · Score: 1

      In a centrally planned economy, the factories would be under direct orders from the central authority and would not be able to abuse the legislation in this manner. In fact, you wouldn't need legislation, an administrative order would suffice.

      If I am not mistaken (IANAL), you cannot do something a law does not forbid if you go against the law's intent (at least in my country - Brazil - that's the way it works). So this practice would actually be illegal here, because the law was written to reduce fossil fuel usage.

    3. Re:Well, folks... by pimpimpim · · Score: 1

      I also wonder where grandparent has been hiding the last few months/years. We all have seen how much fun and profit the deregulation of the banking market has brought us.

      --
      molmod.com - computing tips from a molecular modeling
    4. Re:Well, folks... by Anonymous Coward · · Score: 0

      free market anarchy

    5. Re:Well, folks... by Ashriel · · Score: 3, Interesting

      Capitalism seemed to work pretty well until we gave up on it early last century (it was just too damn hard for large companies to compete in an open market). We could always try that again.

    6. Re:Well, folks... by rohan972 · · Score: 1
      I refer you to my post here: http://slashdot.org/comments.pl?sid=1196071&cid=27547913
      Fannie Mae, Freddie Mac, The Federal Reserve Act, fractional reserve lending and the Community Reinvestment Act all get a mention.

      How any of this could be seriously accepted as the result of a lack of regulation is one of the most outstanding achievements of propagandists of all time.

    7. Re:Well, folks... by blahplusplus · · Score: 4, Insightful

      This has nothing to do with central planning, this is clearly a case of abusing the law for gain.

      The two are NOT the same.

      Nor does is it evidence of your implied counterpoint that in a decentralized economy stupid economic or environmental decisions would not get made, they certainly would.

      There's a reason why we have laws in the first place, some days I wonder if anyone certain people on slashdot has read the history of corporate America and the things they used to get away with in a more decentralized economy because there was no authority whatsoever.

    8. Re:Well, folks... by Scrameustache · · Score: 3, Funny

      Capitalism seemed to work pretty well until we gave up on it early last century

      Children worked 18 hours a day in coal mines and the liked it!

      --

      You can't take the sky from me...

    9. Re:Well, folks... by slashqwerty · · Score: 2, Insightful

      it was just too damn hard for large companies to compete in an open market

      Competition is the grand savior of capitalism. In an unregulated market large companies band together and form monopolies, eliminating competition altogether.

      Capitalism also makes the assumption that the consumer knows everything and consequently they can buy from companies that are good for the environment, treat their employees well, use non-toxic materials, etc. In reality, private companies are constantly covering up the shenanigans they pull.

      Also note competition pushes companies to drive down costs (good) but in the process they harm the environment, treat their employees like slaves, cut corners on product safety, etc. (all bad). These competing interests need to be balanced but due to the consumers' limited knowledge the market constantly shifts toward the most salient point--cost. The government needs to step in and establish standards to keep things balanced.

    10. Re:Well, folks... by ChrisMaple · · Score: 1

      This has nothing to do with central planning, this is clearly a case of abusing the law for gain.

      Poppycock. Central planning creates laws, especially abusive laws. It is not possible to abuse a law that does not exist.

      --
      Contribute to civilization: ari.aynrand.org/donate
    11. Re:Well, folks... by tmosley · · Score: 1

      If you looked into it, you would see that the only children being forced to work such jobs were orphans compelled to the work by the state. Children who got jobs out of thier own free will avoided starvation.

      People hate the conditions that existed for workers during the industrial revolution, but they fail to take into account that conditions before the industrial revolution were FAR WORSE, and that government intervention did nothing but damage to worker's right during that time period (remember that it was the government that sent in the army to bust unions). The fact is that if life during the industrial revolution was so bad, people would have continued on as subsistence farmers and serfs.

    12. Re:Well, folks... by Ashriel · · Score: 1

      In a general sense, I agree with you; large corporations show a disturbing lack of collective morality.

      But it needs to be understood, especially with today's transportation and communication capabilities, that large corporations are more protected from across-the-board business legislation than not. Indeed, often lobbyists or other corporate affiliates push for an increase in order to protect themselves from smaller newcomers who would be able to beat them out through innovation or superior marketing if not for the cost of implementing confusing and often unnecessary or non applicable regulation.

      As for labor rights, I'm right on board with you there, but also realize that standards were improving on their own before government intervention, and that government intervention today is precisely what keeps wages low.

      Let me pose this question to you; what would happen today, if a capitalist decided to start up an auto factory in the U.S. designing ultralight geodiesel hybrids that got 200-250 mi./gal? What if, instead of a single capitalist, we were talking about a group of individuals interested in starting a worker-owned company, just take take the moral ambiguity and the unions out of it. Do you think that would be possible? Do you think that, if it is possible, it would be harder or easier to do because of federal legislation?

      Federal regulation oversteps its bounds and prevents innovation and competition. If it must legislate business, it should restrict itself only to public business (businesses with public stock), and leave private business regulation to the 50 sovereign states.

    13. Re:Well, folks... by Scrameustache · · Score: 1

      remember that it was the government that sent in the army to bust unions

      Remember that government and big business are familiar bedfellows.

      --

      You can't take the sky from me...

    14. Re:Well, folks... by tmosley · · Score: 2, Interesting

      I think you are making a big mistake by saying that capitalism fosters those types of practices. You fail to take into account the legal system that exists in any developing democracy. Slavery is illegal, pollution is directly punishable by lawsuit (many polluters have been successfully punished this way), and toxic materials in products will bring similar lawsuits.

      There aren't any problems with capitalism. It is the most efficient, kindest, and most progressive economic system possible. Every singe "failing" either points back to the government, or to the admittedly messy transition from feudalism to capitalism. You have to understand that EVERY TIME the government "steps in", it produces numerous unintended consequences, and creates the opportunity for the various leeches and moochers (think AIG or any of the bailed out banks) to come in and take undeserved money from the taxpayers, or from the holders of dollars through inflation. It also creates an enormous bureaucracy that produces nothing, and only decreases the productive capacity of businesses, effectively stopping small start-ups from being competitive with big corporations. Why do you think we haven't had any new car companies emerge in this country in the last 50 years? Regulation. Why don't we have hundreds of choices when it comes to cell phone companies, like in Japan? Regulation. Why is it that most places in the US have only one choice when it comes to cable, or internet? Regulation. Why are there only two satellite television providers? Regulation. Why are so many radio stations owned by so few companies? Regulation. Why can't anyone open up a lottery in a state with a state lottery? State monopoly. Why can't an effective airline like Southwest fly to anywhere east of Dallas? Regulation spawned by favoratism.

      No human is smart enough to control the economy without creating opportunities for graft and/or elimination of competition. The Soviets, who had some of the smartest, best educated economists in the world, saw their economy fall apart as people stopped working hard. There was no incentive to produce, and great incentive to consume. Under such conditions, the only thing that can moderate people's behavior is force, and they thus had to resort to massive application of force, to the point that the place that was supposed to become a worker's paradise instead became a worker's inferno. Those who weren't afraid of government action against them did nothing, only pretending to work. Those who were afraid of government action against them were worked to death to cover for the loafers and moochers. The same is happening here, only this time it is in the shadows. The government steals our productive power by printing money and spending it, as though they had contributed something to the economy, basically compelling labor, giving the money to the banks, then forcing them to lend, increasing demand for goods. It also taxes us, such that there is an incentive to stay in a lower tax bracket, suppressing productive capacity. Thus far, foreigners have made up the difference by lending us money, and supplying us with goods while not consuming much themselves. That is ending though. This new corporatist communism has now led us to the brink of an abyss from which there is no easy escape. The government will try to stop it with more spending, more regulations, and more force, but those actions will do nothing to fix the situation, and will instead only make them worse. These United States will not survive the coming storm in their current form, just as the USSR did not survive their fall from superpower status. We will go from being the richest country in the world due to the very capitalist economic system you seem to hate so much, to one of the porest; a newly de-industrialized nation with power on par to that of Eastern European countries. We might be able to survive, but the era of American hegemony is fast coming to a close.

    15. Re:Well, folks... by tmosley · · Score: 1

      Watch out. These days you can be arrested for abusing children that don't exist. Being arrested for abusing laws that don't exist isn't that far of a stretch...

    16. Re:Well, folks... by zifferent · · Score: 1

      Interesting post. And a thought experiment already played out.

      An auto company born out of innovation and efficiency would likely be the victim of the current automaker hegemony. And a victimization that can take the form of many paths. First the existing companies, according to current trends, would attempt to get them legislated out of existence. Next they would attack the companies IP to destroy them. Finally and possibly if the company started selling their products concurrently the hegemony would FUD them with aggressive and misleading marketing tactics. All of these are options.

      To think that the government is the cause of the problem is silly. The problem is big corporations fighting innovation rather than embracing it.

      A pure capitalist economy can't exist. It's impossible. Markets will move to protect their interests, whether it's in the interest of their customers or not, and at the same time will protect their current way and means of business at all costs, internal and especially external. This has been born out by history.

      If there is a flaw in humanity it will be exploited. If there is a lie that can be upheld in the courts then the lie is told. If nothing else, the law that is can be subverted. The end goal is that the money flows and existing power is upheld. Nothing else matters.

      And this is why legislation, even sometimes bad legislation is passed against corporations.

      I don't blame the paper makers. The legislation was poorly worded. I don't blame the legislators because there is no way they could have forseen the misapplication of the law. That having been said , this is a loophole that needs to be closed. No confusion necessary.

      --
      cat sig > /dev/null
  5. It's only the Paper industry so far? by SunSpot505 · · Score: 2, Interesting

    I'm just waiting to see how long it takes the banking industry to hop on board once they realize how much money they can make by producing all their sub-prime lending bailout paperwork on in-house paper with alternative fuel tax credits. Your tax dollars at work.

  6. Laws are used as written, not intended by corsec67 · · Score: 4, Insightful

    This is another example where the intention of the law doesn't mean anything, what is actually written and what that can be stretched to mean does.

    If a law is supposed to have a specific intention, then it should be written just for that.

    --
    If I have nothing to hide, don't search me
    1. Re:Laws are used as written, not intended by cjfs · · Score: 5, Insightful

      This is another example where the intention of the law doesn't mean anything, what is actually written and what that can be stretched to mean does.

      This is rather troublesome. If these situations continue our representatives may be forced to actually read the legislation they're passing.

    2. Re:Laws are used as written, not intended by Farmer+Tim · · Score: 1

      I could swear Slashdot is becoming sentient. The fortune at the bottom of the page:

      ... Logically incoherent, semantically incomprehensible, and legally ... impeccable!

      --
      Blank until /. makes another boneheaded UI decision.
    3. Re:Laws are used as written, not intended by amrik98 · · Score: 4, Funny

      This is another example where the intention of the law doesn't mean anything, what is actually written and what that can be stretched to mean does.

      This is rather troublesome. If these situations continue our representatives may be forced to actually read the legislation they're passing.

      Instead of thinking of the children?

    4. Re:Laws are used as written, not intended by Rue+C+Koegel · · Score: 1

      you don't need laws to govern responsible businesses!

      solve the problem at the base!

      --
      DON'T CAPITALIZE! CO-OPERATE! AND FREE EVERYTHING!
    5. Re:Laws are used as written, not intended by OeLeWaPpErKe · · Score: 0, Flamebait

      *Ahem* this is the real world, intention and result ... don't match. Not for anyone at all, not for me, not for you, and sure as hell not for the government. This is not anything new, nor will it ever change.

      I'd suggest these idiots grow up before spending us all into the ground ... oh wait ...

      Well, they're politicians, let's just hope they wake up AFTER spending us all into the ground. After all, Barack Hussein Obama did just that.

      But the reality of the matter is ... these idiots will keep spending until the below average half of the population is only 10% of people.

    6. Re:Laws are used as written, not intended by jimicus · · Score: 3, Insightful

      If a law is supposed to have a specific intention, then it should be written just for that.

      Don't count on that happening any time soon. I've made similar points with my local MP about badly-drafted laws a couple of times - the response is inevitably a "soothing" "I'm sure they won't use it for that".

      There have been cases recently where I have been proved correct. I wonder if I should write to my MP and say "Further to my letter of 1999, I told you so".

    7. Re:Laws are used as written, not intended by OeLeWaPpErKe · · Score: 1

      It's thinking about co2 these days. You see otherwise our kids will ... something that's very bad and nobody cares about.

      But co2 legislation lets them pass idiotic laws. How about we tax the countries PROFITING from co2 production, instead of the ones suffering from it ? Tax the oil producing states, leave the rest alone.

    8. Re:Laws are used as written, not intended by clarkkent09 · · Score: 2, Insightful

      *Ahem* this is the real world, intention and result ... don't match.

      Not if the intention was to give certain industry 8 billion dollars. Then the intention and the result match perfectly. Incompetence is only one of the major problems with the big government, corruption is another.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    9. Re:Laws are used as written, not intended by sugarboy · · Score: 1

      This is rather troublesome. If these situations continue our representatives may be forced to actually read the legislation they're passing.

      If I can't be bothered to rtfa, how can I expect the representatives to rtfl?

    10. Re:Laws are used as written, not intended by Kjella · · Score: 1

      "Just for that" like how? By trying to enumerate and define all the good ways to use alternative fuels? Most likely you'd miss many ways and include many ways that shouldn't be in there as the act balloons to ten times the size. Or you can try to legislate intent, but good luck trying. Unleaded petrol? Well, that's ecofriendly since it's better than leaded petrol, right? And that alternative fuel, it made a few hippies start driving instead of taking the bike so it's ecoUNfriendly right? Things will get crazy if everything becomes a soul-searching expedition as to why you did it. Criminal law has enough trying to separate premediated vs intentional vs negligent vs insane, imagine if we took down the speed signs and made every ticket into a discussion about the conditions of the road, the car, the weather, the traffic and your intentions by going at that speed. It'd break down in an instant, everybody wants simple and clear guidelines on what actions are legal and not without trying to win some popularity contest because people believe your intentions. It's easy to be an armchair congressman but I think you will find it difficult to do in practise.

      --
      Live today, because you never know what tomorrow brings
    11. Re:Laws are used as written, not intended by Anonymous Coward · · Score: 4, Interesting

      The problem has nothing to do with intention. The problem is that the law was very badly written for every purpose. The law gives a $0.50 tax credit for every gallon of diesel mix used but the credit should have been based on some fraction of the price of diesel. The paper makers scam only works because the price of diesel has fallen so much.

      Indeed, if diesel and biofuel prices fell far enough we could all make money simply by burning gallons of it in our back yards: spend $0.40 on a gallon of mix; claim $0.50 from the IRS.

      If the law had been drafted by someone who wasn't retarded this situation would never have arisen.

    12. Re:Laws are used as written, not intended by OeLeWaPpErKe · · Score: 1

      The intention was never to give something. The intention, of all politicians "giving", is to buy loyalty.

      Buy loyalty with other people's money. That's what Barack Hussein Obama is doing.

    13. Re:Laws are used as written, not intended by drinkypoo · · Score: 2, Insightful

      I think it's a mistake to assume that this law wasn't intended to have this effect. I'm not asserting that it does, but that kind of thinking can make you blind -- the kind where you assume things, I mean, not the paranoid part. The thing about government is that it creates beautiful opportunities to bone the people, so not being paranoid about government is insane.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    14. Re:Laws are used as written, not intended by qbzzt · · Score: 1

      How? Set up a central entity to judge which businesses are responsible, and staff it with incorruptible angels?

      --
      -- Support a free market in the field of government
    15. Re:Laws are used as written, not intended by cvd6262 · · Score: 0, Troll

      Don't worry about it with President Obama. See, when people don't do as his administration *intended*, he just leverages the federal money they depend on to get them back into the fold.

      See what Arne Duncan is threatening with states who don't follow his feelings on the stimulus bills' education funds.

      --

      I'd rather have someone respond than be modded up.

    16. Re:Laws are used as written, not intended by LordNimon · · Score: 1

      You're not being paid to RTFA.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    17. Re:Laws are used as written, not intended by Finsterwald+P+Ogleth · · Score: 1

      Most of what you say makes sense...

      But this?

      But the reality of the matter is ... these idiots will keep spending until the below average half of the population is only 10% of people.

      So let's see...changing the "average" point of the population will result in a smaller number of members below that point. That probably works, if you "keep" the average point through all subsequent measurements...

      But the "average" changes with the segment of population being measured. No matter how you try to bend, fold, or twist the statistics, average is always the "mean": the sum of observation values divided by the number of observations.

      I'm sure you meant to say "median"...right? Very different statistic...and very different implications.

      FPO

    18. Re:Laws are used as written, not intended by Curunir_wolf · · Score: 3, Interesting

      The real problem here is that the law is basically an attempt to circumvent the fundamental principals of the Constitution, which was written to limit the powers of the Federal government. The founders didn't trust government, and sought to mitigate the necessary evil of having a government at all by restricting it to some very specific powers.

      The 16th amendment gave the Feds all kinds of new power, so that's what they always use to try things like controlling behavior (a power they really shouldn't have). So whenever they pass a law offering a "tax credit", people sit around going "hmmm... how can we get some of that?" And why not? That's what people do. The more of your money goes to taxes, the greater the motivation to limit your liability or to have some benefit from government giveaways.

      Same thing with all government handouts. About 40% of the budget of Medicaid and Medicare is spent on fraud. 40%. Because if people can get something for free, they will. Some will find legal ways (like these paper companies), and others don't care whether it's legal or not (like people that commit Medicare and welfare fraud).

      So the real problem is $3.8 trillion of government spending. It attracts corruption, fraud, waste, opportunists, and everything else bad that people keep complaining about. And the 535 or so deciding how to spend that money aren't really very interested in being very diligent with it, because it's other people's money - so who cares about a few billion wasted here or there?

      Repeal the 16th amendment, institute very strict term limits, hold the Federal government to the Constitution, and these problems would go away.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    19. Re:Laws are used as written, not intended by Finsterwald+P+Ogleth · · Score: 1

      So the real problem is $3.8 trillion of government spending. It attracts corruption, fraud, waste, opportunists, and everything else bad that people keep complaining about.

      Okay, so that explains why 537 people behave the way they do. Now, what about the rest of us?

      FPO

    20. Re:Laws are used as written, not intended by mpe · · Score: 1

      This is another example where the intention of the law doesn't mean anything, what is actually written and what that can be stretched to mean does.

      Stretched and reinterpreted by many groups of people...

      If a law is supposed to have a specific intention, then it should be written just for that.

      Which requires legislators to actually do their jobs. Both reading and critically examining proposed (and existing) laws.

    21. Re:Laws are used as written, not intended by bartok · · Score: 1

      Most of the time, laws are are written that way intently so that those companies that made campaign contribution (To both Democrats and Republican... smart companies give to both to make sure they get contracts and crappy self serving laws like that).

      There are so many things like this one that don't get the spotlight in mainstream media.

    22. Re:Laws are used as written, not intended by DarkOx · · Score: 1

      The whole unintended consequences thing is another powerful argument for limited government. The smaller the government and body of law is the easier it is for everyone to understand. This is good all around, it makes being a good citizen easier on everyone.

      It also means that when we do have a problem that we must address as a society we have a system that is understandable and can be changed with fewer surprises.

      In addition to repealing the 16th and 17th amendments; I also propose ratification of a new one.
      Something to the effect of:

      Congress shall pass no legislation without a sunset date of no greater than 25 years; after which time the law is no longer applicable unless renewed. Laws may be renewed early reseting the 25 year clock and may be renewed after expiration. Law may only be renewed via the following process. The legislation must be read aloud in full by the House Speaker in the House and the Vice President in the Senate. A quorum must be present during the entire reading. A majority vote to renew must be recorded in both houses; the president does not need to sign the bill unless its has been modified from its original writing. If any modification to legislation is made other than the date of sunset on the bill the President again has the right to veto the legislation.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    23. Re:Laws are used as written, not intended by couchslug · · Score: 1

      "But co2 legislation lets them pass idiotic laws. How about we tax the countries PROFITING from co2 production, instead of the ones suffering from it ? Tax the oil producing states, leave the rest alone."

      Thus raising the cost of domestic oil which is passed on to the consumer, and making foreign oil more attractive.
      Nice.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    24. Re:Laws are used as written, not intended by Koiu+Lpoi · · Score: 1

      "Lafou I'm afraid I've been thinking..."
      "A dangerous pastime!"
      "I know!"

      Gaston would have made a brilliant leader in the modern day, too.

    25. Re:Laws are used as written, not intended by rhendershot · · Score: 1

      http://www.downsizedc.org/etp/campaigns/83

      "Most bills passed by Congress try to hide what their subject is by resorting to propagandistic titles such as the "No Child Left Behind Act," or the "PATRIOT Act," or the "Protect America Act." No one wants to be accused of voting to leave children behind, or against patriotism, or against protecting America, but none of these bill titles actually describe the subjects of these bills. So . . . ... A BILL

      To prohibit the abuse of legislative power: by requiring that each bill or amendment hereinafter introduced (other than concurrent resolutions or appropriations bills within the jurisdictional authority of each subcommittee of each Appropriations Committee) be limited to only one subject, so as to end the practice of addressing more than one subject in a single bill; by requiring that each bill's single subject be descriptively expressed in the title thereto; by requiring each appropriation bill, including any supplemental appropriation bill, by amendment or otherwise, not to contain any general legislation or change of existing law not germane to the subject matter of said bill; by requiring each bill amending an existing statutory provision to set forth in full in the amendatory bill the section as it would read if the proposed amendment were adopted; by declaring that all bills enacted in violation of this Act shall be void, having no legal effect whatsoever, which should be treated as nullities by the American people, this Act being mandatory in purpose, not directory only."

    26. Re:Laws are used as written, not intended by oliphaunt · · Score: 1

      This is object lesson #1 why a JD should be a precondition for national public office. Some lawyers may be evil and mendacious, but even the worst lawyers understand that all of the law is a game. Many lawmakers seem to be simply missing out on this feature of national government.

      You're doing your constituents a disservice if you don't even realize there is a game on, let alone how that game is played.

      --




      Humpty Dumpty was pushed.
    27. Re:Laws are used as written, not intended by HereIAmJH · · Score: 1

      The law gives a $0.50 tax credit for every gallon of diesel mix used but the credit should have been based on some fraction of the price of diesel. The paper makers scam only works because the price of diesel has fallen so much.

      The price of diesel doesn't really matter. For example, suppose your manufacturing process produced a waste product of biodiesel (or in this case, the equivalent black liquor). The cost of the waste product doesn't matter, they are already reusing it and will continue to use all that is available, making essentially a 'free' component of the final cost. If you made B99 you would use 1 gallon of petro diesel for every 99 gallons of biodiesel. Gain from tax credit, $49.50. Cost of diesel now, $2. Cost of diesel last summer, $4.50. So the profit from taking the credit only changes from $47.50 to $45.00. Even at $25 a gallon it would still be cost effective, and this is assuming they had to mix at a minimally B99 level. Suppose they only used one gallon of diesel per 1000 gallons of final fuel mix.

      The problem here is if it was intended to be a transportation tax credit encouraging a reduction of fossil fuel use, it should have been tied to both transportation usage AND a demonstrable decrease in actual fossil fuel used.

      And yes, if the law making process wasn't retarded, or corrupted, this wouldn't have been an issue.

      --
      Another day, another update to a Google android app.
    28. Re:Laws are used as written, not intended by Nazlfrag · · Score: 1

      This will only bite them in the arse if their kickbacks, wait, I mean donations and their bribes, oops, I mean lobbying efforts aren't up to scratch.

    29. Re:Laws are used as written, not intended by MartinSchou · · Score: 1

      Am I the only one who finds it funny, when "think of the children" is brought up in discussions about sex, pornography and obscenity?

    30. Re:Laws are used as written, not intended by glitch23 · · Score: 1

      This is rather troublesome. If these situations continue our representatives may be forced to actually read the legislation they're passing.

      I'm all for bashing Congress and especially the Democrats in Congress however I don't think this is totally true. Yes, they didn't read the *final* version of the stimulus bill because it was 1,100 pages and it was finalized 12 hours before they were to vote on it again however the keyword in what I just said is "again". They had already voted on it multiple times, rewritten it, etc. so they knew what was in there for a vast majority of the bill. It was the final tweaks (some even handwritten on the document) that they were probably not all aware of but that doesn't mean they didn't read any of it. If they had only voted on it once and passed it then that would be a valid statement but both the Senate and the House had seen the stimulus bill at least twice before and based on that they should have already known what was in it. That's assuming they read it then when they were under less pressure, compared to the last day at least.

      --
      this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
    31. Re:Laws are used as written, not intended by eugene+ts+wong · · Score: 1

      I totally agree. When I read the summary, I saw a government giving money to companies. I saw no incompetence whatsoever.

    32. Re:Laws are used as written, not intended by OeLeWaPpErKe · · Score: 1

      I don't know if you've ever seen the numbers. This would tax foreign oil a hell of a lot more than domestic.

    33. Re:Laws are used as written, not intended by dangitman · · Score: 1

      The law gives a $0.50 tax credit for every gallon of diesel mix used but the credit should have been based on some fraction of the price of diesel.

      That would have made very little difference. The companies in question are adding very small amounts of diesel to their waste products. Even if diesel were much more expensive, it would still be very profitable for them.

      Tying the subsidy to the price of diesel would also undermine the intention of trying to encourage alternate fuels. The idea is that they are rewarding the production of alternative fuels. If you link it to the price of diesel, and diesel gets really cheap, then it might become cheaper to just use straight diesel, rather than putting the effort in to create a fuel that contains less fossil fuel.

      --
      ... and then they built the supercollider.
    34. Re:Laws are used as written, not intended by Anonymous Coward · · Score: 0

      You know, you probably should write that letter, complete with newspaper clipping.

      Also, set up a website, and make all your letters, "Open letters" from now on. After you accumulate a few "told you sos," enough to make a half our or so of reading for visitors, start trying to get more readers than just your friends.

    35. Re:Laws are used as written, not intended by glennpratt · · Score: 1

      I think your disagreement with couchslug lies with the your definition of state.

      Anyway, that's a good example of why writing laws that will be interpreted and enforced in a way that matches is spirit is difficult.

    36. Re:Laws are used as written, not intended by OeLeWaPpErKe · · Score: 1

      It's not difficult, it's impossible. You see the difference between laws and enforced laws is simple :

      laws are things that exist solely in human imagination. They know no bounds. They have no energy limits, no money limits, no value limits, no value, no consequences other than their direct intent, no complexities, and each law works totally independant from any other.

      enforced laws are things that exist solely in the real world. They do not exist in any individual's head, since no individual's head is even remotely capable of grasping the complexitly of the real world, and no countries are policed in their entirety by a single individual, or even a small group. They have many, many bounds. They all compete for money, manpower, attention, ... of the humans employed by the state. And they interfere with one another. Violating one law to avoid violating another is something we all do.

      The parliament, congress, whatever it's called in whatever country you're in, is purely a construct of the mind. It does not exist in the real world, it does not produce anything useful, and it most certainly does not decide what actually happens. Parliament is, like it's laws, a social, imaginary construct that is an utter impossibility in the real world.

      The problem is that there is a "law" that takes precedence over human laws. It is quite clear what these law is, and to be frank, the bible describes them quite well, even if more exactness might be useful at times. I'm not saying you have to be religious, but you have to see the value in knowing those laws. Right now, congress is filled to the brim with atheists, who enjoy nothing more than making the exact opposite law to God's law, or nature's law if you prefer, and keep thinking, time and time again that it will work.

      The story of Sodom and Gomorra IS a warning. It is not, at all, about homosexuality. It is a warning about caring about yourself more than you care about God. Caring about yourself more than you care about reality. It is a warning about going to Canada to avoid a draft : if 1 (ONE) person too many does it ... the world ends.

      Literally.

    37. Re:Laws are used as written, not intended by Rue+C+Koegel · · Score: 1

      no... use a business model that is responsible, namely non-profits and cooperatives.

      why do people always want to rely on others to do everything for them?

      right now we mostly use the non-profit business model for the civil service industry: libraries, fire departments, community services. we also have credit unions and coop grocers; and with their national associations those two are growing in popularity steadily. but we need to use the non-profit business model to replace the major players in insurance and healthcare, transportation and construction, and energy, and other forms of production and especially entertainment.

      this would do away with the need for cities, states, and the 'slow' gov to focus so much energy trying to monitor and control the businesses in this country, cause they'd all be controlled instead by the people who use what they produce, as well as the strict rules for how a non-profit can operate; their business charters wouldn't allow them to function as selfish entities!

      it would then be easy for a small group of people operating one of the fifty national independent automobile manufacturing plants to change one of their practices if they found a better way to do something, or discovered that the way they did it already was dirtier... then, through a national association, they could transmit that information to the other forty-nine manufacturers so they could either decide to adopt the new way, democratically, or seek out a better way.

      this allows for the greatest ability for humans to work together for their true benefit, rather than for individual profit, and it also allows for the easy adoption of sustainable practices throughout our world society... at no cost greater than simply choosing philanthropy over greed.

      try and find a flaw in all that, please. i'm still working on the whole idea, but no one has been able to poke holes in the idea that philanthropy, via non-profit businesses, can succeed easily where for-profit businesses have failed.

      --
      DON'T CAPITALIZE! CO-OPERATE! AND FREE EVERYTHING!
  7. In general, sneakyness beats altruism by Ancient_Hacker · · Score: 1

    In general, good intentions are overruled by individual and corporate greed and sneakyness.

    The lawmakers may spend an hour thinking over the consequences of a bill, while the folks affected have all sorts of time and inclination to poke holes in the laws. Guess which side usually wins?

    1. Re:In general, sneakyness beats altruism by Norsefire · · Score: 2, Insightful

      If the lawmakers find a hole they gain nothing. If they miss a hole they lose nothing.

      If companies miss a hole they gain nothing, if they find a hole they gain $8 billion.

      Guess which side is willing to devote more resources to poke holes in laws?

    2. Re:In general, sneakyness beats altruism by OeLeWaPpErKe · · Score: 3, Insightful

      Ever heard of corruption ?

      If the lawmakers find a hole they gain nothing. If they miss a hole they lose nothing.

      If companies miss a hole they gain nothing, if they find a hole they gain $8 billion.

      If lawmakers find a hole, they gain nothing. If they miss a hole, they get 2% of that $8 billion.

      There, fixed that for ya.

    3. Re:In general, sneakyness beats altruism by MPAB · · Score: 2, Insightful

      If a company misses a hole, the competitor that finds it instead gets the upper hand. If the hole is big enough, it could even outcompete the first one into oblivion by using the power of the state (and our taxes).

    4. Re:In general, sneakyness beats altruism by SQL+Error · · Score: 1

      More like 0.02%. Not just corrupt, but cheap.

    5. Re:In general, sneakyness beats altruism by balloonhead · · Score: 1

      $1.6M doesn't sound too cheap to me

      --
      This idea was invented by Shampoo.
    6. Re:In general, sneakyness beats altruism by hrvatska · · Score: 1

      It's not just a matter of resources, it's also a matter of time. Legislation may be drafted over a period of weeks or months, but people and companies have years to find loop holes. It's not surprising that given enough time loop holes can be found in most legislation.

  8. banana fucking republic by benjamindees · · Score: 1, Flamebait

    The intent of the law is to encourage the use of alternative fuels. Paper companies are already using alternative fuels both economically and efficiently. Taxing them, and distributing that money to less-efficient companies that are not currently using alternative fuels economically, discourages paper companies from existing, thereby punishing them for using alternative fuels.

    Regardless, concentrating on bullshit like this, instead of seriously addressing the negative externalities of dependence on foreign fossil fuels, makes all of us worse off.

    But I seriously can't fucking believe, that after eight years of the incompetent fucking clowns in the Bush administration, that anyone has the brass balls to try to justify, let alone suggest, more retarded, illegal bravado from the executive branch. You are a complete dumbfuck, just like the tools who passed this law in 2005, and the tools who are currently skullfucking the concept of market economics for their ill-conceived political agenda. This country has become a sad fucking joke. And idiots like you are the primary reason. By now, absolutely no one should give two dry shits what the average mouth-breathing American thinks about who or what is "evil" and what his president-god-king should do about it, since it's obvious that most of their heads are so far up their own asses that they couldn't find them with two hands and a GPS device.

    --
    "I assumed blithely that there were no elves out there in the darkness"
    1. Re:banana fucking republic by budgenator · · Score: 2, Insightful

      But I seriously can't fucking believe, that after eight years of the incompetent fucking clowns in the Bush administration, that anyone has the brass balls to try to justify, let alone suggest, more retarded, illegal bravado from the executive branch. You are a complete dumbfuck, just like the tools who passed this law in 2005, and the tools who are currently skullfucking the concept of market economics for their ill-conceived political agenda.

      First of all;

      Congress's powers are enumerated in Section Eight:
              Section 8: The Congress shall have power
             

      To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

      Article One of the United States Constitution

      because this is a tax credit, it's the bailiwicks of congress and the IRS works for congress not the executive branch, not he Bush administration! Remember what congress giveth, Congress can taketh away, so if you have a problem with this write your congress-critter. The problem you'll have is how do we write a law the disallows a credit for adding a taxable fuel so that taxable fuels with alternative fuels added are not?

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    2. Re:banana fucking republic by osgeek · · Score: 1

      Yes, very flame-baity. Very true, too.

      Everyone seems to think that if only their king/party would get elected then everything would be much better. The problem isn't with the people being elected, necessarily, it's with the power that we allow them to have.

      Sad joke indeed.

  9. Government interfearence screws up everything by pecosdave · · Score: 3, Interesting

    There is a limit to the amount of profit a car manufacturer on an individual car in the U.S. This only applies to basic passenger cars, not luxury cars or trucks. The answer? This is why the big 3 pushed trucks and SUV's so hard - which granted a large part of their customers wanted, but they largely ignored another large crowd that wanted small U.S. made economy cars. They produced crap instead, so we bought Japanese. Thank you Uncle Sam.

    Some Americans With Disabilities Act rules apply only to companies of certain size, as in number of employees. Compliance is incredibly expensive in many cases. Some companies put the brakes on at a certain number of employees due to the expense of compliance sentencing said companies to stagnate growth at a certain size giving their mega corporation competitors an upper hand. Thank You Uncle Sam. The same can be said of certain FDA regulations and any other regulatory agency you can name.

    My sister works for the Department of Agriculture. She writes checks to farmers to not grow crops.

    Here's an idea:
    KEEP THE FUCKING GOVERNMENT OUT OF IT

    Unless something really needs regulating, leave it the hell alone. Food? Fine we need an FDA to make sure our food isn't nasty and contaminated. They probably overstep their usefulness in some cases, and under step it in others, but that's expected.

    Yes, we do need an agency to keep track of Plutonium and Uranium. Just saying, yeah, track that.

    We need an EPA - but it needs to know it's place.

    ATF? We don't need that. It's a redundant agency originally created for tax purposes, not what they're doing now. It's also limiting freedom.

    No government regulation usually helps huge companies by keeping the small competitors down. Create an agency to regulate an industry, then the companies buy the candidates they want and put them in the regulatory committees. The little guys can't do that.

    --
    The preceding post was not a Slashvertisement.
    1. Re:Government interfearence screws up everything by Samschnooks · · Score: 4, Insightful

      Unless something really needs regulating, leave it the hell alone. Food? Fine we need an FDA to make sure our food isn't nasty and contaminated. They probably overstep their usefulness in some cases, and under step it in others, but that's expected.

      Unfortunately, industry will stick their noses in when regulations are being written. Wonder why the FDA doesn't have many warning about the mercury in Tuna whereas private consumer groups do?

      Let's just say, legally this would be considered hearsay, but it was said that the Tuna industry was literally looking over the FDA'a shoulder when those regs were written.

      So, even then, Government is too easily corrupted. Unfortunately, I don't have a better idea.

    2. Re:Government interfearence screws up everything by glgraca · · Score: 3, Insightful

      I have a better ideia: keep the private sector out of government.

      If you look closer, you'll find it's the agricultural lobbies that have gotten these absurd incentives, not the government that decided out of thin air to grant them.

    3. Re:Government interfearence screws up everything by downix · · Score: 2, Insightful

      Alright, let's get the government out of it.  Oh hey, that reminds me, be careful what you eat, because now there's no limit on the amount of rat feces that a company can put inside of your food.  And, with no government involvement, no way to find out either. Have a nice day.

      --
      Karma Whoring for Fun and Profit.
    4. Re:Government interfearence screws up everything by pecosdave · · Score: 2, Informative

      You didn't actually read my post did you?

      --
      The preceding post was not a Slashvertisement.
    5. Re:Government interfearence screws up everything by pecosdave · · Score: 1

      Yin Yang

      The cause is the effect, the effect is the cause. It's going to take an outside force to break the two apart.

      --
      The preceding post was not a Slashvertisement.
    6. Re:Government interfearence screws up everything by khallow · · Score: 1

      Heh. If you limit the number of warm bodies sucking at the government teat, you're like, poisoning kids or something.

    7. Re:Government interfearence screws up everything by mmalove · · Score: 4, Interesting

      "So, even then, Government is too easily corrupted. Unfortunately, I don't have a better idea."

      I do. You have to take the law back to principles, rather than specifics. Here's a few many of you are familiar with:

      THOU SHALT NOT KILL.
      THOU SHALT NOT STEAL.

      Therefore, undisclosed mercury in Tuna and defrauding an energy subsidy as a paper mill would be considered BREAKING THE LAW.

      While we're at it, I have another recommendation. Since waterboarding is simply "enhanced interrigation", I'd suggest it should be a viable questioning technique for these types of white collar crimes. I have a strange belief system where if someone elses' countrymen are trying to kill me, I can at least see they were raised and taught that way. When my OWN countryman are trying to kill me, they should be punished ten times worse.

      --
      You can get 15 minutes of fame, but you can go down in history for infamy.
    8. Re:Government interfearence screws up everything by downix · · Score: 3, Interesting

      I did, I intentionally pushed to the logical conclusion of "where do you draw the line".  You want food regulated, but what about silverware?  Got to make sure we don't see a return to mercury/lead for those, or the use of toxic plastics, but then we have plates, which leads us to..... you see the pattern?

      Now, I am with you in some respects, that the regulations are custom tailored to the corporate giants as/is, and that needs to stop.  I miss the days of the trust-busting, breaking up big business to give the little guy the shot at the top, Theodore Rooseveltites.  Now that was how to regulate.

      --
      Karma Whoring for Fun and Profit.
    9. Re:Government interfearence screws up everything by pecosdave · · Score: 1

      I consider Roosevelt was a horrible thing to happen. He received fan mail from Hitler and Benito Mussolini before the war. They all three had more or less the same goals, until Hitler decided to go on a Jew killing rampage and Mussolini went into Africa. Look into the Blue Eagle and the NRA thugs (not the rifle association) to see why I feel this way, he was going for all out socialism.

      I'm of the Libertarian persuasion, "do no harm". If what you're selling, no matter what it is, endangers people in ways not stated or expected then you need to shape up or face the gavel. This covers everything, silverware, food, etc... If you're wearing a bullet proof vest and you get shot in the leg, that's not the vest makers fault. If you're wearing a bullet proof vest and it gives you, and everyone else who wears one like it a horrible skin rash because it's full of nasty chemicals like Walmart shoes from China then you need to take corrective action of face the gavel.

      I haven't fully figured out how to get rid of frivolous lawsuits yet. Loser pays seems to be a decent idea, but that doesn't always work.

      --
      The preceding post was not a Slashvertisement.
    10. Re:Government interfearence screws up everything by rohan972 · · Score: 2, Insightful

      I did, I intentionally pushed to the logical conclusion of "where do you draw the line". You want food regulated, but what about silverware? Got to make sure we don't see a return to mercury/lead for those, or the use of toxic plastics, but then we have plates, which leads us to..... you see the pattern?

      That's not necessarily the logical conclusion though. Free market theories require an informed customer. Requiring accurate and complete product information is a basic requirement of a free market, though more obvious now than when Adam Smith was around. Want to sell cans of Rat Faeces Stew? No problem, so long as you label it honestly. I don't anticipate a big market for it, but go for your life trying. Sell it labelled as beef, go to prison. Existing laws against fraud etc are enough for that situation if applied correctly.

    11. Re:Government interfearence screws up everything by Noose+For+A+Neck · · Score: 1

      You don't even know that there were two presidents named "Roosevelt"? I hope you're not American, because that would be shockingly stupid.

      --

      Software piracy is victimless theft.

    12. Re:Government interfearence screws up everything by infosinger · · Score: 1

      In this day and age of the internet why does the government have to do this level of regulation. We have tort laws that can easily put companies out of business and many groups that can act as watch dogs. In the food case, the government has displaced private groups. Try to spill some toxic waste. My guess is a private group will catch it before the government regulatory agency does.

    13. Re:Government interfearence screws up everything by Anonymous Coward · · Score: 0

      Free market theories require an informed customer.

      This is where all free market theory and libertarianism/objectivism breaks down: the assumption that the people are rational actors is inherently flawed. People do crazy, short-sighted, and irrational things all the damn time, and no amount of mental masturbation will change that fact.

    14. Re:Government interfearence screws up everything by pecosdave · · Score: 1

      You're right, it was FDR that was the big screw up, his cousin did a little better job.

      Of course I just fed the troll.

      --
      The preceding post was not a Slashvertisement.
    15. Re:Government interfearence screws up everything by McGiraf · · Score: 1

      And what do you put in the label? everything that as a least one molecule, one atom of it? There is no space for that.

    16. Re:Government interfearence screws up everything by uncreativeslashnick · · Score: 1

      Everyone keeps talking about how the big us auto makers were making SUVs and how that screwed them. It's a crock of shit. Yes, they were making SUVs, but they also made lots of very fuel efficient cars (e.g. focus, malibu, etc). The US Market is what wanted SUVs, right up until the ridiculous oil bubble, when suddenly everyone was selling their SUVs and V8 pickups that used to be cool.

      Now the big 3 have fooled us all into thinking OMG, the sky is falling, lets get bailouts! when the real culprit is 3 auto makers who leveraged themselves with so much debt that they couldn't weather a short-term, irrational market swing based on unforeseen events.

      The real issue here is a retarded corporate culture of short term thinking that allows managers to leverage so much with no room for uncertainty, as they know they likely won't be around to clean up the mess if/when it occurs.

    17. Re:Government interfearence screws up everything by thethibs · · Score: 1

      So you want to repeal the right to petition the government?

      --
      I'm a Programmer. That's one level above Software Engineer and one level below Engineer.
    18. Re:Government interfearence screws up everything by Blakey+Rat · · Score: 1

      Wow, another Mr. Monospace with a reading comprehension FAIL.

      Try reading the post you're replying to, eh? You'll look less stupid next time.

    19. Re:Government interfearence screws up everything by downix · · Score: 1

      But in a free market, there is no information other than what the companies themselves voluntarily give up, as the media itself is nothing but a "highest-bidder" approach.

      --
      Karma Whoring for Fun and Profit.
    20. Re:Government interfearence screws up everything by downix · · Score: 1

      Out of curiosity, how did Hitler and Mousillini send fan mail to a man who was 30 years dead by the time the war started?

      --
      Karma Whoring for Fun and Profit.
    21. Re:Government interfearence screws up everything by Marcika · · Score: 2, Insightful

      THOU SHALT NOT KILL. THOU SHALT NOT STEAL.

      But you have to think like a lawyer, and ask how somebody could exploit the law. With your very vague laws, a rich bigot with well-paid lawyers could easily set precedent to outlaw abortion for rape victims, or to punish attempted suicide etc etc.

      Your second law could easily be used to jail copyright infringers... or those who aid and abet... etc etc... The law has become very specific -- especially criminal law -- in order to remove these ambiguities.

    22. Re:Government interfearence screws up everything by Anonymous Coward · · Score: 0

      You have to take the law back to principles, rather than specifics. Here's a few many of you are familiar with:

      THOU SHALT NOT STEAL.

      I guess that settles it, then: No more filesharing of my music files.

    23. Re:Government interfearence screws up everything by marco.antonio.costa · · Score: 1

      Unless something really needs regulating, leave it the hell alone. Food? Fine we need an FDA to make sure our food isn't nasty and contaminated. They probably overstep their usefulness in some cases, and under step it in others, but that's expected.

      The only thing that needs regulation is government. They will always say that something 'needs regulating'.

      We already tried avoiding tragedies of the commons by governmental regultation, it CLEARLY hasn't worked as companies will consistently get their nose under the tent to their advantage.

      We DON'T need an EPA, we need an innovative and competitive private sector in property and tort laws. That would serve to put a legal price tag on many things which are today considered externalities such as burning coal, building a nuclear reactor near sensitive areas ( populated, water supply present ) by establishing a legal liability which is now largely inexistant.

      Ps: Cool sig.

      --
      Send your spendthrift head of state this
    24. Re:Government interfearence screws up everything by thelexx · · Score: 1

      Even getting rid of lobbying won't eliminate the problem. You'd have to make it illegal to go from the private sector to a gov't job and vice versa.

      --
      "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
    25. Re:Government interfearence screws up everything by Anonymous Coward · · Score: 0

      dave, those glasses you see the world through...they're very interesting. Do the blinders cause you to bump into things much?

      So the short-sightedness of American management is our government's fault? Yeah, right. Toyota's position as the world's most competent manufacturer has to do with American auto industry managers that wouldn't listen to Edward Deming about continuous process improvement after WWII. Every one of the really large financial companies that's needed to be bailed out in the current economic crisis had risk models governing their behavior, and their worst mistakes and losses were in investment products that were basically UNREGULATED.

      The current economic situation is partly the result of the removal of regulation and 8 years of an administration that WAS KEEPING THE GOVERNMENT OUT OF IT. Prior to the regulations of the 30's we had depressions (in addition to recessions) in this country on a regular basis. Manipulation of commodity prices, monopolistic practices, stock fraud, anti-competitive practices and on and on and on. This time, we didn't have one for 80 years (and this isn't really a depression yet).

      The "It's all the government's fault" position falls down on close examination. People like you tend to ignore little things common in the private sector like greed, dishonesty, ignorance, complacence and the urge to take short cuts. If simple minded solutions float your boat, then great, but they usually don't really describe the real problem or suggest a usable solution. Government regulation is a double-edged sword that can either establish a level playing field beneficial to society OR tilt that field in favor of some OR tilt it to the point where all the players end up in the garbage. Unregulated business, on the other hand, is not a stable system, and it doesn't operate to the benefit of society for very long.

      You should read Paul Krugman's recent column entitled "Banking should be boring". We ordinary people did pretty well when banking was boring, a few people did astronomically well when banking became exciting, but it sucked for everybody else.

      In the case of the paper companies, they are adding diesel to a process that doesn't require it in order to get a tax credit. There is a one syllable word for this. FRAUD. Tax fraud, in fact. That shouldn't be hard to fix. The IRS doesn't have to allow these credits, and shouldn't.

    26. Re:Government interfearence screws up everything by Anonymous Coward · · Score: 0

      I fucking hate hearing about the "farmers paid to not grow crops" shit. They are paid that money so that they don't rape the soil of its nutrients, as a capitalist farming system dictates they do. I support it, you're a nigger.

    27. Re:Government interfearence screws up everything by rohan972 · · Score: 1

      People do crazy, short-sighted, and irrational things all the damn time

      As I understand it, rational actors in economics doesn't mean they aren't delusional or stupid or wrong. It means they make a conscious decision to take action they believe provides them with their most desired benefit. So that someone who gives to charity may believe that karma or some other thing will return their money to them or look after them if they fall on hard times, or someone may think a weekend on the booze is better than paying their rent. It is their decision, not their sanity or good judgement, that defines them as rational actors in free market economics. At least, that's my understanding of it, millions probably disagree.

      Regardless, it is irrelevant to whether free market economics is sound or not compared to other systems because those same crazy, short-sighted, irrational people get positions in government, where they get the opportunity to screw things up for everybody, not just themselves and immediate family.

    28. Re:Government interfearence screws up everything by rohan972 · · Score: 1

      And what do you put in the label? everything that as a least one molecule, one atom of it? There is no space for that.

      Presumably that would be decided in court or something. In Australia contents of food has to be on the label, it doesn't seem to be too onerous. It is covered by legislation but it is in effect just a requirement for honest dealing. It doesn't seem to hard to reason about it. Putting rat shit in a food product is relevant information the customer should know, a drop of water would not be of much interest to many people, a significant dilution would.

    29. Re:Government interfearence screws up everything by rohan972 · · Score: 1

      But in a free market, there is no information other than what the companies themselves voluntarily give up

      Well, perhaps I'm not a hardcore free market advocate then, but I do tend towards it. Nevertheless, I do not think that requiring sellers to reasonably inform people about the contents or nature of the product for sale is significant market intervention. You could always subpoena the information anyway, but requiring accurate labelling is nothing more than requiring honesty and disclosure of the nature of the product. I do not regard it as "government interference" in a free market, in the same way that I don't regard laws against theft or murder as "government interference" in a free market.

      Free market libertarianism is not the same as anarchy.

    30. Re:Government interfearence screws up everything by Jesus_666 · · Score: 1

      Well, applying for energy subsidies is not stealing. Stealing is taking someone else's possession away without having the legal right to do so. Since the subsidy explicitly goes to everyone who uses a diesel fuel mix for using a diesel fuel mix, taking advantage of it is legal.

      Of course you could argue that "stealing" can be interpreted to also cover this but then again someone could interpret "stealing" to also cover anything taking up his time without him wanting it to. And then he sues NBC for daring to air a commercial break during his favourite show. Without having defined what "stealing" is supposed to mean every judge would have to resort to case law to determine whether feeding stray cats counts as murder* or not.

      Effectively, you'd make case law the sole legal framework, thus not only overburdening the courts but also allowing anyone with enough money to directly manipulate the law. Through venue shopping and conspiring to bring fake lawsuits, sufficiently wealthy individuals or companies could generate precedence cases (= effective laws) for virtually everything they want to.


      As much as we hate legalese and ignoring the incredibly verbose directives the European Union sometimes generates, laws should actually be rather specific, simply to keep people from interpreting them in ways they never were intended to. That admittedly makes the legal corpus less understandable as a whole but one cannot expect to deliver a suitable framework for something as complex as a whole society in a dozen paragraphs. At least not if one wants to see any kind of consistency in how the law gets applied.


      * Without "killing" being legally defined, one could argue that feeding stray cats violates "thou shalt not kill" as those cats will later catch mice so everyone who feeds them is complicit in murder.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    31. Re:Government interfearence screws up everything by BoberFett · · Score: 1

      So you believe that it's the place of government to protect people from themselves?

    32. Re:Government interfearence screws up everything by Anonymous Coward · · Score: 0

      Malibu? Fuel efficient? WTF?
      Focus? Designed by Ford UK, uglified for the US market.

    33. Re:Government interfearence screws up everything by khallow · · Score: 1

      I have a better ideia: keep the private sector out of government.

      If you look closer, you'll find it's the agricultural lobbies that have gotten these absurd incentives, not the government that decided out of thin air to grant them.

      Sure, that sounds wonderful. Make a guess how your complaint is deeply tied to the original? Remember, if government doesn't interfere in a sector, then there's no incentive for the private world to use government to generate rent seeking in that sector. Because government has the power to just give money to people, the private world lobbies government for a portion of those handouts.

  10. So the next hole in teh road you hit.... by 3seas · · Score: 2, Funny

    ... call DOT and tell them to fill it with paper.....

  11. Comment removed by account_deleted · · Score: 0, Offtopic

    Comment removed based on user account deletion

  12. Wait, this seems familiar... by dcmoebius · · Score: 3, Funny

    Does anyone else feel like this is an episode of "The Office"?

    1. Re:Wait, this seems familiar... by Epistax · · Score: 1

      Nah. This isn't funny.

      Oh wait I guess this does remind me of The Office.


      /I keeeed

  13. Not more per se... by Anonymous Coward · · Score: 0

    It isn't so much that people want more (or less) regulation per se, they want good legislation. If you look at the situation described in the article, it was foreseeable and preventable and 100% caused by sloppy drafting. No wonder people fire up their conspiracy theories, the incompetency levels in goverment are simply beyond too far our imagination. This isn't necessary. There are plenty of smart people on the planet. High tier goverment jobs pay well. It should be perfectly possible to get ourselves a competent lawmaker or two.

  14. Why assume this was unintended? by Anonymous Coward · · Score: 0

    It seems business as usual - transferring taxpayers money to corporations bottom line

  15. Deregulation by qbzzt · · Score: 2, Informative

    You mean the kind of deregulation where a central entity whose management is appointed by the president determines the money supply and a lot of the interest rates?

    We haven't had deregulated banking since 1913. All we did was change one regulatory regime to another, which arguably allowed more abuse.

    --
    -- Support a free market in the field of government
  16. Wording vs. Intent by qbzzt · · Score: 1

    If I am not mistaken (IANAL), you cannot do something a law does not forbid if you go against the law's intent (at least in my country - Brazil - that's the way it works).

    In the US it is the wording that counts. The intent is even easier for a court to manipulate than the interpretation of the wording.

    If the government does not explicitly forbid something, it is permitted.

    --
    -- Support a free market in the field of government
  17. legal bugs by speedtux · · Score: 1

    Laws have bugs just like software. We don't stop writing useful software just because it may fail, we use bug tracking, debuggers, and bug fix releases. So, it's neither surprising nor avoidable that laws like this have unintended consequences. Lawmakers should simply have better turnaround times for fixing bugs in laws.

  18. The road to... by Ramley · · Score: 1

    FTFS -- "It seems that large paper companies stand to reap as much as $8 billion this year by doing the opposite of what an alternative-fuel bill intended."

    The road to hell was paved with good intentions. (can I say that on Easter Sunday?)

    Welcome to the USA

  19. Shenanigans! by Brickwall · · Score: 2, Informative
    From TFA: "In developed nations, paper is the third-largest industrial greenhouse gas emitter, behind the steel and chemical industries."

    Oh, really? Not according to the US government. http://www.epa.gov/climatechange/emissions/usinventoryreport.html Paper doesn't even show up, and all of the "industrial" processes (as opposed to home heating, electricity generation, and transportation) make up less than 7% of US emissions, so paper-making is barely a roundoff error. I'm not arguing that the paper companies aren't taking advantage of a loophole, but to suggest that this is having any meaningful impact on emissions one way or the other is ludicrous.

    --
    What was once true, is no longer so
    1. Re:Shenanigans! by symbolic · · Score: 1

      Well, seriously - the US government just gave us the worst economic mess in our history. The US government then PAID the Wall Street sleaze that caused it a rather handsome sum for their efforts. The US government is NOW proposing that despite all of this, the right thing to do is allow the banking industry to self-regulate. The US government came up with the legislation that is allowing the paper companies to take advantage of this loophole. The US government allows the industry lobbyists to write legislation that protects them far more than it protects us.

      Oh, the list goes on and on....give me one good reason I should take anything from the US government with more than a grain of salt.

    2. Re:Shenanigans! by Protoslo · · Score: 2, Informative

      Even if paper companies were the third largest greenhouse gas emitter, judging by TFA, an extremely large portion of that comes from the wood products they burn as 'black liquor.' They could be the largest emitter of greenhouse gasses in the world, and if the gasses all came from wood, it wouldn't really matter, because cutting down the same forest over and over to make paper has no long-term net effect on the amount of carbon in the atmosphere. The trees will be replaced; the carbon will be fixed again. Burning wood has a completely different effect from freeing the carbon fixed in the bowels of the earth for millions of years as coal or oil.

  20. Too bad the 10th Amendment is dead by tomohawk · · Score: 1
    Here's another example: http://www.foxnews.com/story/0,2933,366601,00.html

    The more they legislate, the more (supposedly) unintended consequences we get. If only they'd agree to be limited by the Constitution's enumerated powers - we'd get far fewer unintended consequences.

    How about if we 1) term limit lawmakers, and 2) put mandatory sunset provisions on each law so that it automatically expires after 25 years?

    What good would that do? For #1, we'd at least get some new blood in there once in a while. For #2, remember the telephone tax that was imposed to pay for the Spanish - American War, and was still in place 100 years later? Do we really want this law on the books in 100 years?

  21. Go directly to the Nation link by Anonymous Coward · · Score: 0

    The first link is to a blog that adds nothing of value; it quotes several paragraphs from The Nation article itself but says essentially nothing.

  22. Evil Legislation! by Anonymous Coward · · Score: 0

    This incident clearly proves that all legislation is evil, as well as all companies, and all paper. I am burning all my paper as we speak. Massive generalizations are always 100% correct and appropriate for all situations.

  23. Contact IP and voice your concern by frdmfghtr · · Score: 2, Informative

    This page is International Paper's feedback form. Tell them how you feel about this.

    In addition to that, let your Congressional representation know too--OK it's Congress, but it might help anyway.

    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  24. You deserve the government you get by Colin+Smith · · Score: 1

    Only 8 billion? Oh come on. That's peanuts.

    You have the oil industry being subsidised by half a trillion annually through the US military budget. You have the banks taking to the outright looting of the US treasury.

    I mean... Wow.
     

    --
    Deleted
  25. The road to hell is paved with good intentions by signingis · · Score: 1

    This is what happens when government intervenes in the market. Rules controlling a dynamic system need to be dynamic, adaptive and self-regulating. Rules imposed by government will never be.

    --

    I prefer a void in conversation to a vacuous one.
  26. Not the first time for this law by will_die · · Score: 1

    This is not the first time this law has run into such usage.
    Some people did try to get that changed but there was too much interest in keeping it that way, from the companies doing it and from the various environmental group who want to stop petroleum usage.

  27. See What Happens.... by Ferretman · · Score: 1

    ...when the government messes in things not in its job description? Laws should have specific purposes with specific goals.

    --
    Sic gorgiamus allos subjectatos nunc
  28. AIG bonuses by arobatino · · Score: 1

    Interesting how lawmakers were stumbling all over themselves to immediately pass laws specifically targeted at people who were going to get less than $200 million in bonuses, but in this case, with far more money at stake, it merely needs to be "closely monitored".

  29. Re: Free Engery.... by cagrin · · Score: 1

    Free energy (such as the "Joe Cell") has been available since the 1920's but has been suppressed by those in power for control over the populace, and money. One example of many. Take the Red Pill.

    --
    ~ awaiting spiritual enlightenment ~
  30. Yet another example by Anonymous Coward · · Score: 0

    of the problems with our tax system and why the whole thing should be scrapped and rebuilt from the ground up.

    1. Re:Yet another example by some+old+guy · · Score: 1

      So long as the tax code is a reelection vehicle for incumbent legislators and mechanism for social engineering, we will never see a rational taxation plan.

      Something as fair and simple as a national sales or VAT tax removes too much power from the arseholes we habitually elect and reelect. It will never happen.

      --
      Scruting the inscrutable for over 50 years.
  31. Gaming the system by ericferris · · Score: 1

    Gaming the laws is as old as mankind. How about NOT passing laws that haven't gone through the same level of cursory inspection that is routinely given to newspaper editorials?

    If a law is badly written, it will be abused.

    The more complex a system is, the worse the abuse possibilities. That's true for an OS as well as a legal system. That's why all tax laws and subsidies regulations should have an expiration date, or not be passed altogether.

    --
    Fantasy: http://ferrisfantasy.blogspot.com/
  32. We should record the context of the law by HalAtWork · · Score: 1

    So maybe when we record a law, we should also record the context, and the law should only be upheld if the context is the same the next time it is applied, and that should be up to the judge and jury as well.

  33. Workaround for buggy law found by Anonymous Coward · · Score: 0

    The was meant to give a tax credit to alternative fuels.

    The paper industry didn't qualify without adding petrol. Sounds like a bug in the law to me.

    The paper industry added petrol, and they get their tax credit.

  34. Laws Like Code by Tablizer · · Score: 1

    Complex laws are like programming code: you can stare at it all you want to try to find bugs, but until you actually run it in real conditions, you won't know for sure what will happen.

  35. Ha ha by smoker2 · · Score: 1

    I don't see what the fuss is all about. Haven't any of you noticed how the govt. achieves control ?

    By allowing the companies to claim tax credits on the diesel fuel, they are conditioning those companies to expect an income from the govt. Once they get used to that income they will come to rely on it. When the Govt. wants to introduce a new regulation, they can squeeze the firm using the financial hold they already have.

    Shock horror, like it's never happened before. Whether you think the Govt. should act like this is down to you, the voter. Personally, if I'm to have a Govt. at all, then I would prefer it to have teeth, otherwise it wouldn't have the power to effect the changes I desire.

  36. See my signature... by marco.antonio.costa · · Score: 1

    ... as for the reason this happens and will happen again and again.

    --
    Send your spendthrift head of state this
  37. I am outraged and shocked I tell you... by dbcad7 · · Score: 1

    That this story is seen as anything but flame-bait

    Yeah, I get it.. companies have been taking advantage of loop-holes and getting tax credits they don't deserve.. News ?? ... Oh wait, there is a new administration, and the latest slashgroupthink is that the new administration is for the corporations and out to screw us, because they want to drop a case against the old administration.. rather than legally fight for policies that they didn't implement... So let's just look really hard and see if there isn't anything else we can't prove our well informed theories of this administrations industrial complex leanings

    This tax thing not the new administrations latest attempt to screw you.. that was done a couple years ago.. and hey you got a little spittle there.. might want to get yourself a handkerchief.

    --
    waiting for ad.doubleclick.net
  38. Wow. by Anonymous Coward · · Score: 0

    No Dunder-Mifflin jokes yet? ...

    I got nothin'. That's what she said.

  39. Black liquid is not 100% organic (perhaps 80%)? by Anonymous Coward · · Score: 0

    I tried to look for information about the composition of black liquid. One page gives an example, 78% organic and 22% inorganic. The wikipedia page about black liquid mentions that it is burned in kraft pulp mills in order to recover "cooking chemicals" (sodium hydroxide and sodium sulfide).

    So when they add diesel to this black liquid they are adding it to a mixture that may have significant (1/5) amount of inorganic stuff. The relevant section of the law about alternative fuels does not seem to recognise this kind of mixture.

    1. Re:Black liquid is not 100% organic (perhaps 80%)? by Anonymous Coward · · Score: 0

      Oops. 'Black liquor' and not 'Black liquid'.

      Which actually makes me wonder how liquid is the stuff they are burning. The alternative fuels mentioned in the law all seem to specified to be in liquid form. Lignin has so complex molecular formula that it is hard to believe that it is liquid.

  40. Why is this tagged with "democrats"? by enodo · · Score: 1

    Why is this article tagged with "democrats"? If you RTFA, you'll note that the tax credit was passed in 2005 and signed by G.W. Bush. In 2005 it was the Republicans that controlled congress.

    1. Re:Why is this tagged with "democrats"? by Anonymous Coward · · Score: 0

      Here's why:
      A tax credit is a tax credit. You know what taxes are? Taxes are YOUR money that the government takes from you. A tax credit is the government giving your money back to you.

      Borrowing billions of dollars and printing more money so that you can interfere with and control the economy by passing such legislation...that's a democrat thing...and it's dishonorable.

      Now, if you feel like the federal government should throw wads of cash out to ease the suffering of americans during economic hard times, or if feel like the federal government just owes you something for your hardships, then YOU, Mr. Democrat should throw wads of cash to the starving orphans. Don't have the extra cash to throw? That's no excuse, Mr. Democrat! You can go borrow money to throw to the orphans! Doesn't sound like a wise or responsible thing to do, does it? But it's ok for the Feds to do that...
      Why?

  41. Opposite effect? by Anonymous Coward · · Score: 0

    It would help if the members of Congress actually read the laws they are passing. Sadly, this does not happen in more than 80% of the cases -- and in the last 3 or 4 major "bailout" and "recovery" bills, the legislation did not even arrive in time for them to look at before a vote. That didn't stop the clowns though!
    Where is the public outrage -- disregarding the 100 or so demonstrators we've heard about -- over the largest bilking in human history? THIS is why the Founding Fathers limited federal power in the Constitution, which those whose are sworn to uphold it manage to ignore with increasing regularity.

  42. Fix the law, by lsatenstein · · Score: 0

    If the company does tricks to cheat the system, just take away the benefits on the other side. (Transportation and keeping foreign paper out from the market).

    --
    Leslie Satenstein Montreal Quebec Canada
  43. Death to the Federal Government by Anonymous Coward · · Score: 0

    All hail the Republicans! (Especially Ron Paul)

    Our nation, our society, our economy is too sprawling and complex for 300 something representatives in one town to be meddling with in such deep and far reaching ways with unpredictable consequences. The Federal Government is great for national defense, nothing else. Everything else should be handled at the state level. In fact, it is handled at the state level but with restrictions of federal beauracracy. Which makes more sense? Sending tax-dollars to the Feds who then turn around and send the money to the states to carry out the social and regulatory programs OR sending tax-dollars to your state to carry out the social and regulatory programs your state needs the way your state needs it. Without big-brother monitoring and police-state powers, the Fed will always screw up. Why do we look to the Fed to solve all of our problems? Because our States are powerless. Why are the States powerless? Because the Feds get our tax-dollars...Because the Feds have taken the power from the States. When did this happen? American Civil War and the New Deal set the precedences and it has spiraled out of control ever since. Slavery and racism are wrong, so I'm glad the Civil War happened the way it did. The New Deal was necessary, but should have happened at the state level. Perhaps that just wasn't possible at the time. Will there be abuse and corruption at the state level? Will there be mistakes and blunders at the state level? Yes, but those errors will be noticed and dealt with more swiftly and appropriately at the state level.

  44. Earned Income Tax Credit. by kabocox · · Score: 1

    I don't find this as evil/bad as most of slasdhdot does. Why? Because I make use of the Earned Income Tax Credit. Raise your hand if you make use of that or any other government handouts? Now, when you go to your tax person or use your tax software, do you try to find every means possible to reduce your taxes or get money back? Damn straight that's what we all do! How can I possibly complain because others try to do the same?

    Does it make a damn bit of difference if they are an educational group, a religious group, a business group, or a nonprofit group? Nope.

    This is just complaining. It's like complaining that the sun is bright, hot, and produces tons of energy. Yeap, and there ain't anything we can about it either.

    Actually, I don't think that the paper industry will be "punished" or allow this thing to be reduced. Didn't you read the sentence that the entire paper industry was in trouble? Well, finding a nice federal tax income will help that problem. There is nothing more dangerous than allowing a government agency/law to be established. Once it is there; it'll only be expanded.

  45. "regulation" by benjamindees · · Score: 1

    Good regulation is what prevents financial organizations from becoming too leveraged.

    You are missing his point. Good regulation would prevent banks from becoming "leveraged" in the first place. What we have is not even regulation. It is legitimized fraud.

    Consider this. I tell you that I will hold onto your money for you, even offering you a bit of interest, and that you can come and get it at any time as long as you withdraw less than $1000 a day. Sound like a deal? Okay, so you give me $15,000. I immediately turn around and loan out your money on a 36 month note for a new truck.

    You come back fifteen times over the next six months and try to withdraw $1000 each time. The first time, I might be able to cover your withdrawal from the loan payments I've received. The next few times, I'm paying you from my own money while I repossess the truck. But unfortunately, the truck dropped in value by half the minute it was driven off the lot. So, even after I re-sell the truck and give you all of my own money, I can only cover up to about $10,000 of what I owe you.

    And that's pretty much the situation we're in with banking in America right now. Why do you think the car companies are lining up for bankruptcy along with the failed mortgage lenders? No amount of additional regulation can continue to hide the fact that loaning out demand-deposits (at any leverage ratio) on long-term notes should rightly constitute fraud. And, for far too long, banks have been making bad loans to irresponsible consumers to purchase items that aren't worth half of what they pay for them.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  46. time to buy stock by akb · · Score: 1

    Hmm, International Paper is announcing earnings on April 30th. One would have to guess that those earnings will be higher than previously predicted as these checks have just started rolling in.

  47. President above the law? by GPS+Pilot · · Score: 1

    the solution for this is for the president to order the IRS to withhold these payouts

    it would be illegal to withhold payments specified by law... you're stuck with the law as written until someone changes it.

    The law as written also does not give the president the power to fire GM's CEO. But that didn't stop him, did it?

    --
    That that is is that that that that is not is not.
  48. Apply this lesson to much more important issues by GPS+Pilot · · Score: 1

    The lawmakers can't even get a simple green-energy incentive right; what further evidence do you need that they must not be allowed to get anywhere near your healthcare?

    --
    That that is is that that that that is not is not.
  49. isn't this good? by e_hu_man · · Score: 1

    perhaps i'm wrong about how all this works, even after rtfa, but hasn't the paper industry been efficient in an energy sense for some time? assuming that it's okay to reward industries for efficiency (which is arguable, but it's what the bill does), shouldn't paper be rewarded for having been efficient all along?

    fwiw, a similar situation is happening right now in l.a. with water (albeit with penalties instead of rewards). people are being penalized during drought conditions for not reducing their water usage. those who have been conserving all along have a hard time reducing and get penalized.

  50. For profit vs. non for profit by qbzzt · · Score: 1

    but we need to use the non-profit business model to replace the major players in insurance and healthcare, transportation and construction, and energy, and other forms of production and especially entertainment.

    You can't start small in insurance, and healthcare is regulated to a fare thee well. But you're welcome to start your own entertainment company, for example, and run it as a co-op. Make good products, and I'll even buy them.

    cause they'd all be controlled instead by the people who use what they produce, as well as the strict rules for how a non-profit can operate;

    I buy a few books from Barnes & Noble every month. That doesn't mean I have time to learn how to run a book store so my vote would be any use.

    their business charters wouldn't allow them to function as selfish entities!

    Non for profits can be selfish, they just aren't designated as such. For example, they can't pay their shareholders dividends. But they can pay their managers a huge salary.

    it also allows for the easy adoption of sustainable practices throughout our world society...

    Imagine you work in a co-op that manufactures cars, and you figure a way to make cars that is more sustainable, but would drive income down. Do you and your co-workers vote and decide to drive income down and take less money home every month, or do you vote to keep things as they are? Remember, you still want to be able to buy stuff.

    I'm not saying co-ops can't work. They obviously work very well for certain things. But the reason we don't see co-ops everywhere is that customers often don't have the time and energy to manage their suppliers. I don't see how you get rid of that issue. Workers co-ops could work better, because workers know more about the company - but it office politics would be even worse than it is now.

    You're welcome to prove me wrong. Whatever work you do, you could do it in a co-op. I'll be happy to be a customer if it is something I need to buy, and it is better than what for profit companies make.

    --
    -- Support a free market in the field of government
    1. Re:For profit vs. non for profit by Rue+C+Koegel · · Score: 1

      i can prove you wrong:

      FIRST, WORKER OWNED COOPS:

      the only difference between worker owned coops and for-profit corps is that they function to pad the pockets of the employees rather than the CEOs and stock holders (sunkiss, dairygold and wilco are good examples of this). they do also put a lot of focus on employee benefits and wellbeing, but that's only because the owners are the employees, they cannot be trusted to function in the best interest of all humanity or the environment because of their focus on profit. please forgive me for not clarifying the difference between non-profit worker operated coops, non-profit member operated coops and for profit coops. i do not support for-profit coops.

      the focus of my statements was non-profit businesses and their ability to correct the horrifically negative consequences of the control major selfish forces have had over the entire world since time eternal. first kings, then religions, then governments, banks and corporations (or whatever other forms). not that some kings, or operators of governments, banks, and corporations havent also been fairly philanthropic; what i'm saying is that that the focus of these things has overwhelmingly been used to gratify the needs of the few over the many, despite whatever intentions they may have had to begin with or how they may have supposed to have worked. and this is because of the built in ability of these systems to be used for selfish pursuits.

      non-profits can, undoubtedly, be designed easily to do just the opposite... to enforce civil service and accountability despite the financial cost. mind you the financial cost does not include the true cost; which requires the consideration of the consequences of all actions while defining the value of a product: be that product energy itself, a tangible object, or a social service.

      the accountability built into a true non-profit would force it to continuously work to better define the true cost of a product and make sure that it's customers are paying for what they use.

      SECOND, FACTORS:

      in the scheme of things, i allow for the use of both customer operated and also employee operated non-profits, since i don't believe all products need to be developed with the direct influence of the customer. in fact, i believe that some businesses would be hindered by the need for their influence.

      a good example might be an agency that's designed to develop and maintain, as well as continuously improve, a satellite communications system. such a system would still need to be protected from vandals, despite how peaceful the world ever becomes there will always be somebody who gets a kick out of destroying other peoples things. such a system would also be so technically advanced that very few people not already working there would be able to understand enough about the technology to influence positive change in it's development. however all the details of the technology that didn't need to be protected from vandals should be available and open for discussion, just like the linux kernel and other opensource software. the internal business discussions would also be made public, after any details are removed that would make it easy for vandals to compromise the system.

      so anybody could still influence the improvement of the technology, and anyone could also monitor their behavior as an institution and speak out if the organization started to overstep it's bounds and act in an irresponsible manner. and because the agency was bound by it's charter and fairly limited in size it would be fairly easy for a small coalition of people to organize against it, prove it's actions inappropriate--if they were so--and have the charter revoked.

      also, the bylaws of the business charter itself would disallow for second chances for it's directors, should they be proven to have participated in any conspiracy to benefit anyone financially through either the action or inaction of the organization.

      so both the governments judicial system as well as the bylaws that govern

      --
      DON'T CAPITALIZE! CO-OPERATE! AND FREE EVERYTHING!
    2. Re:For profit vs. non for profit by qbzzt · · Score: 1

      I think the argument is deeper than that.

      You believe the selfishness comes from specific social structures (kingdoms, religions, corporations) and can be fixed by changing the structures. I believe it comes from the way humans are, so every structure will be abused - the best we can do is get things out in the open.

      There's a good book about this, called Conflict of Visions.

      --
      -- Support a free market in the field of government