The Common Law, Free Markets, and Voluntaristic Rather than Coercive Order: Three Great Things That Go Great Together

In America 3.0 we discuss the origins of the common law, and how it was well-suited to adapt inductively to changing conditions, in contrast to the more top-down Roman law that predominated on the Continent.

This recent post on the John Wilkes Club blog, makes this point nicely:

There is no eschatology in the common law: its purpose is to reflect changes in the cultural, social and economic structure, not to direct them towards an objective preconceived in the minds of cultured and erudite elites for our betterment. Likewise there is no eschatology in free markets: they are a tool for the allocation of goods and services according to ever-changing consumer preferences, not for directing them towards some imaginary ‘ideal’ allocation. Not only is there no ethical basis for the social and economic coercion which rational, artificial, imposed order inevitably involves; but also, because even a benevolent genius is trapped in the prison of imperfect information described by Hayek and others, it does not work.

The post cites to The New World of the Gothic Fox: Culture and Economy in English and Spanish America by Claudio Veliz, a great favorite of ours, and concludes in Hayekian fashion: “… the ability to manage the modern welfare state is not just beyond any particular person, but beyond anybody … .”

Quite so. And that why is it is failing. And that is why the next iteration of America will be flatter, more networked, less coercive and better, cheaper and faster at everything that matters. But we have to get all this detritus out of the way, first … .

Cross-posted on America 3.0.

Obama’s IRS Management Problem

The Obama administration has a huge “management problem” with its spin of the nakedly partisan and highly illegal IRS denial of Tea Party non-profit tax status. One that makes the IRS scandal an “on-going criminal conspiracy” in the RICO sense and places “Nixon offense” impeachment charges in Pres. Obama’s future.

This is the IRS Tea Party Case Timeline Courtesy of ABC News:

http://abcnews.go.com/images/Politics/Appendix%20VI%20and%20Appendix%20VII.PDF

This is my list of the Cincinnati, Ohio and IRS HQ management positions involved in Tea Party cases by title, location and first date mentioned from the linked document.

1. Determinations Unit Group Manager (Ohio?) [1] — 1 Mar 2010
2. Acting Manager, Technical Unit [1] (Ohio) — 16 Mar 2010
3. New Acting Manager, Technical Unit [2] (Ohio) — 1 Apr 2010
4. Determinations Unit Program Manager (Ohio?) — 25 Apr 2010
5. Determinations Unit Area Manager (Ohio?)– 26 Oct 2010
6. Technical Unit manager (Ohio) — 16 Nov 2010
7. Senior Technical Advisor to the Director, EO (IRS Washington DC) — 13 Dec 2010
8. New Technical Unit Acting Manager [3] (Ohio) — Jan 2011
9. Acting Director, Rulings and Agreements [1] (IRS Washington DC) — 1 June 2011
10. Director, EO. (IRS Washington DC) — 29 June 2011
11. -Title or titles unknown- in EO function (IRS Washington DC) Headquarters office — 5 July 2011
12. IRS Chief Counsel (IRS Washington DC) — 4 Aug 2011
13. New Acting Director, Rulings and Agreements [2] (IRS Washington DC) — October 2011
14. New Acting Group Manager “of the team of specialists” (Ohio?) — March 2012
15. Deputy Commissioner for Services and Enforcement (IRS Washington DC) — 8 Mar 2012
16. Senior Technical Advisor to the Acting Commissioner, Tax Exempt and Government Entities Division (IRS Washington DC) — 23 Mar 2012
17. Deputy Commissioner for Services and Enforcement (IRS Washington DC) — 23 Mar 2012
18. Senior Technical Advisor to the Acting Tax Exempt and Government Entities Division Commissioner (IRS Washington DC) — 23 Apr 2012
19. Director, Rulings and Agreements (May be same as #10 above, IRS Washington DC)– 17 May 2012
20 -Title(s) Unknown- Quality Assurance Unit (Ohio?) — May 2012
21 -Title(s) Unknown- Operations Unit (Ohio?) — May 2012
22. New Acting Determinations Unit Group Manager [2] (Ohio) — 15 July 2012

In August March 2012 then IRS Commissioner Douglas Shulman testified before Congress that the IRS was not harassing or making a special effort to deny Tea Party affiliated organizations their non-profit tax status. The above list either makes IRS Commissioner Douglas Shulman a liar or a sock puppet for Obama administration IRS appointees who did lie. Douglas Shulman is going to need to lawyer up regardless.

The fact that there were, by my count three different “Manager, Technical Unit” and two “Determinations Unit Group Manager” in Cincinnati, Ohio involved over several years makes this Tea Party witch hunt anything but a “local IRS unit run amok.” This was an on-going criminal conspiracy involving IRS senior management over a matter of years.

A class action RICO lawsuit by the Tea Party against the IRS is very much on the table and the IRS won’t have sovereign immunity for “criminal actions taken under the color of law.” That point about federal government criminality was decided decades ago in various US Government high level nuclear waste dumping law suits before the Supreme Court.

Impeachment of President Obama for IRS-related “Nixon Offenses” is now on the table.

Note — This is the 3rd 4th Update of this post

“College Grads: It’s a Different Economy”

This is very good:

There are opportunities, but they require a deep understanding of risk and security. A livelihood with day-to-day low-level insecurity and volatility is actually far more stable and secure than the cartel-state one that claims to be guaranteed.
 
The burdens of Fed manipulation and the cartel-state rentier arrangements will come home to roost between 2015-2017. Those who are willing to seek livelihoods in the non-cartel economy will likely have more security and satisfaction than those who believed that joining a rentier arrangement was a secure career.
 
There is a price to joining a parasitic rentier arrangement, a loss of integrity, agency and independence. Complicity in an unsustainable neofeudal society has a cost.

Read the whole thing.

(Via Lex and ZeroHedge.)

Final Version of the America 3.0 Dust-Jacket Cover

America 3.0

This will be cover on America 3.0: Rebooting American Prosperity in the 21st Century-Why America’s Greatest Days Are Yet to Come, which will be published on May 28, 2013.

Jim Bennett and I went back and forth with our publisher, Encounter, on this cover. We are grateful for their diligent work, and we are very pleased with the final version. Encounter had the original idea of three bands depicting America 1.0, 2.0 and 3.0. The original picture for 1.0 was different, but this one works nicely. It shows a farmer plowing with animal muscle power. That is precisely the image that captures the A1.0 era. It was a time of family-scale farms, and it was before the introduction of mechanical power. The second image is of an industrial era auto assembly line. This is the epitome of A2.0. It is mass production, motor power, wage work not independent business ownership, big business, big labor and in the background, big government. It was a great world in many ways, but it is a past that will never come back. Of course, it is impossible to photograph the future, and unless we had the budget to make a “science fiction” picture, the top band, A3.0 could only be a rough approximation. Still, this pictures captures much of the story. It shows an exurban landscape, with a highway but lots of green. We anticipate that there will be much more dispersion of the American people across the landscape, for reasons we describe in the book, especially in Chapter 1: America in 2040. Also, the color scheme shows increasing brightness, indicative of the hopeful future we foresee for America.

Cross-posted on America 3.0

America 3.0: Foreword and Blurbs: Glenn Reynolds, Michael Barone, Jonah Goldberg, John O’Sullivan

We are thrilled to announce:

(1) Glenn Reynolds, a/k/a Instapundit has written a foreword for America 3.0.

(2) Michael Barone, Jonah Goldberg and John O’ Sullivan have provided blurbs for the book.

We are grateful for the kind words and support from these distinguished gentlemen.

“Many pundits—and, polls say, most Americans—think America’s best days are behind us. In America 3.0 James Bennett and Michael Lotus argue that our best days are ahead—if we take the trouble to understand our past. We need to build on the unique American institutions that enabled previous generations to produce the successful agricultural America 1.0 and the even more successful industrial America 2.0 and to cast aside elements which prevent us from creating an even more successful post-industrial America 3.0.”

—Michael Barone, senior political analyst for The Washington Examiner, American Enterprise Institute resident fellow, and coauthor of The Almanac of American Politics.

“Capitalism, argued Joseph Schumpeter, relies upon creative destruction. In recent years, we’ve seen a lot of destruction while the creation has been less appreciable, at least in the eyes of many. James Bennett and Michael Lotus offer a glimmering vision: we are at the dawn of a miraculous era of creativity. This is a valuable book not just for its hopeful vision of America’s destiny, but for its concrete insights into the forces and trends pushing us to our rendezvous with destiny.”

—Jonah Goldberg, editor at large National Review Online, author of Liberal Fascism: The Secret History of the American Left, From Mussolini to the Politics of Meaning

“Obamacare just hasn’t caught on with the American people. It is still opposed and resisted by most Americans. That was not supposed to happen. Theorists of the blue social model (or America as Sweden) were confident that once in place, Obamacare would set down roots in American democracy and become immovable. But alternative models of health care—red social model alternatives—are increasingly demanded by the voters. That’s true in economics, social welfare, and almost every other department of government. James C. Bennett and Michael J. Lotus predict that America’s future will be a better version of its traditional past, rather than an imitation European Union. They argue their case brilliantly and persuasively. This book is in danger of giving conservative optimism a good name.”

—John O’Sullivan, editor at large National Review, author of The President, the Pope, and the Prime Minister: Three Who Changed the World

Cross-posted on America 3.0.