Political Extortion Racket
A little while ago
we discussed 'crony
capitalism' (as one of our readers helpfully pointed out, it
would probably be better to call it crony socialism, so as to avoid sullying
the term capitalism), contrasting the system in which we actually live with
free market capitalism. It is highly unfortunate that the press continually
gets away with characterizing the current system as a version of 'laissez
faire' and blaming events like the 2008 crash on the (non-existent) free
market.
We noted at the
time that it is actually quite difficult to draw the line between lobbying that
is aimed at obtaining privileges from the State or pushing it toward enacting
regulations designed to keep competition at bay, and lobbying the aimed at
averting legislation or regulations that could harm the business concerned – so
to speak a legitimate form of self-defense. We wrote:
“It is of course well known that large corporations
lobby to obtain privileges from the State; however, in a way many also have
little choice in the matter, since they may otherwise become the victims of
regulations that could severely hamper their business. It is often difficult to
tell where a legitimate attempt to ward off statist intrusion ends and crony
capitalism begins. It is certainly a fuzzy line that is separating the two.”
It is clear though
that whether lobbying serves to obtain privileges or to ward off harm, it is a
result of the existence of the territorial force monopolist known as the State
and intersects with the interests of those managing it. The parasitic class
that is devoted to the 'organization of the political means for obtaining
wealth' as Franz Oppenheimer characterized the State, isn't doing it just for
fun.
It very rarely
happens that the true nature of this parasitic class is openly discussed in the
mainstream press, so we were quite surprised when we came across an op-ed by
Peter Schweizer in the NYT entitled “Politicians' Extortion Racket”. Mr. Schweizer
has decided to take a closer look at the other side of lobbying – i.e., not
those paying the bribes (who are normally the main target of
criticism) but those receiving them. Mr Schweizer writes:
“We have long assumed that the infestation of special
interest money in Washington is at the root of so much that ails our politics. But
what if we’ve had it wrong? What if instead of being bribed by wealthy
interests, politicians are engaged in a form of legal extortion designed to
extract campaign contributions?
Consider this: of the thousands of bills introduced in
Congress each year, only roughly 5 percent become law. Why do
legislators bother proposing so many bills? What if many of those bills are
written not to be passed but to pressure people into forking over cash? This is
exactly what is happening. Politicians have developed a dizzying array of
legislative tactics to bring in money.”
(emphasis added)
It sure sounds to
us like he is on to something. The main question that immediately arises is
'how did he manage to smuggle this past the self-censorship of a leftist
mainstream newspaper'? At first we thought that perhaps it was that by citing
the example of current house speaker Boehner's apparently highly successful
'tollbooth' maneuvers (designed to extract political contributions by delaying
voting on bills important to specific industries), he attacked one the NYT's bĂȘte noirs. However,
Mr. Schweizer's scorn is not exclusively aimed at prominent conservatives. The
president and vice president are named in the same op-ed for introducing what
Schweizer colorfully describes as 'milker bills'. In fact, those two seem to be
past masters of the 'double milker bill', which are pitting the opposing
interests of different industries against each other in order to extract
donations from all of them.
So it seems most
likely that the publication of this op-ed it is a symptom of a souring social
mood. Politicians have rarely been more reviled than today, with Congress receiving less favorable ratings by the
public than cockroaches, lice, toenail fungus, root canals, colonoscopies and
Ghengis Khan. Among the few things Congress managed to still beat quite
handily in the popularity sweepstakes were North Korea, Ebola, communism, meth
labs and gonorrhea – and even in those instances the margins aren't really as
big as one might expect. So the public doesn't really need to be convinced that
most politicians are scoundrels, Schweizer merely confirms what people already
know. However, he still performs a valuable service by backing his claims with
what appears to be quite solid research. Schweizer concludes his op-ed:
To be sure, not all legislative maneuvers are
extortive; sincere and conscientious political deeds occur. Still, the idea
that Washington gridlock is an outgrowth of rank partisanship and ideological
entrenchment misses a more compelling explanation of our political stasis:
gridlock, legislative threats and fear help prime the donation pump. The
reason these fund-raising extortion tactics succeed is that politicians deploy
them while bills are making their way through Congress, when lawmakers possess
maximum leverage. That’s why at least 27 state legislatures have
put restrictions on allowing state politicians to receive contributions while
their legislatures are in session.
Why not do the same in Washington? It would reduce
politicians’ penchant for cashing in on manufactured crises. Perhaps it would
even compel Congress to be more efficient while in session.We have
focused for too long on protecting politicians from special interests. It’s
time we stop pitying the poor politicians and start being wary of them — for
they play the shakedown game as well as anyone.”
(emphasis added)
It seems not
likely that a great many people are 'pitying the poor politicians', but it is
true that the focus is usually on lobbyists rather than those they lobby.
The question why there even is someone who can be lobbied definitely deserves
more attention than it usually gets. As an aside, Mr. Boehner was apparently
not very happy to find himself among those explicitly named as taking part in
the rackets described by Mr. Schweizer and his office accused Schweizer of 'sloppy research'. Right, it's a
complete coincidence that the flow of donations seems to be timed to coincide
perfectly with the enactment of legislation concerning the donors. They are
simply all suddenly gripped by donation fever at the most conspicuous moments.
Similar to the Mob
In an interview at the Daily Ticker, Schweizer compares
these rackets to the protection money racket of the mob, and provides a few
hints how people can track these maneuvers. One could well say that he
identifies the State as just another criminal organization, even if he doesn't
say that outright. His biggest error is that he seems to believe that the
system can be 'reformed'.
The historical
record on this is clear. One of the most laudable and well thought out attempts
to install limited government was in fact the institution of the independent US
government by the founders. They would probably never have imagined that it
would one day turn into the socialist leviathan it is today – and yet, here we
are.
In this context,
we have recently come across an interesting quote by the late Reverend Edmund
A. Opitz:
“No one can read our Constitution without concluding
that the people who wrote it wanted their government severely limited; the
words 'no' and 'not' employed in restraint of government occur 24 times in the
first seven articles of the Constitution and 22 more times in the Bill of
Rights."
Even if 'no' and
'not' had appeared 48 times or 100 times, we think it would still not have made
a difference to the ultimate outcome. Opitz was a lifelong defender of liberty,
but he was not an anarchist – he believed that government simply needed to be
brought back on the straight and narrow path defined by the constitution. Opitz
felt that human nature being what it is, limited government was necessary to
ensure that there was law and that it was enforced.
However, one
obvious flaw in this argument is that government officials are not magically
immune against the failings of human nature. Quite on the contrary, people who
find the notion of becoming members of the parasitic class attractive are
highly likely to be of dubious character. It seems in fact, that politics is a
profession that attracts a large number of psychopaths. Those who would
rather serve their fellow men by being productive and engaging in voluntary
exchange as a rule find the idea of joining the political class distasteful.
Another flaw in
this argument is that it is very much open to question whether a territorial
force monopolist is required to provide law and order (as well as defense, the
other service often named as one that can only be provided by government). Many
libertarian thinkers have concluded that this is not true – in fact, economic
theory already tells us that it cannot be true, as the market is always more
effective in providing services. Why should the courts, the police or the
defense forces be excepted from this rule? Note here that crime has not been
eliminated and never will be; the fact that the State enforces law and order
has not altered this fact.
The probability
that limited government as envisaged by the constitution will be restored is of
course practically zero. It is no more likely than the complete abolition of
government and nation states and their replacement with a truly free society.
That should
however not keep us from questioning the morality of existing arrangements and
thinking about possible alternatives. What
seems impossible today may not remain impossible forever.
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