The Government Against the Economy In the Year of COVID-19

In the coming days, the US Congress will be voting on a massive spending package to give subsidies to various industries and people as part of the Federal Government’s response to the COVID-19 outbreak. This is a $1 trillion dollar bill that will hand out massive subsidies, include loans for businesses, direct deposits that could give an average U.S. family of four $3,000, and up to $4 trillion in liquidity for the U.S. central bank to support the economy. It includes bipartisan agreement on additional unemployment payments for people who have been laid off. https://news.yahoo.com/u-senate-leadership-aims-finalize-141350505.html

It is part of the government’s effort to legislate away a natural disaster. I think the result will be more hardship for Americans, not less.

In the mid-1990’s, I read a book called “The Government Against the Economy”, by George Reisman, an Economics professor who had been a student of the free market economist Ludwig von Mises and associate of Ayn Rand. In that book:

Reisman details how the profit motive and private ownership operate in a free society to produce consequences beneficial to all. He contrasts this with socialism, which destroys the possibility of rational economic activity and maintains control through-compulsion. He demonstrates how housing is provided efficiently in a free market, then examines the chaos of rent controls. He explains why shortages cannot exist in a free economy, then explodes the myths surrounding the energy crisis. “ (https://fee.org/articles/book-review-the-government-against-the-economy-by-george-reisman/)

In the 1970’s the Federal Government, specifically the Nixon administration, imposed price and wage controls. https://www.cato.org/publications/commentary/remembering-nixons-wage-price-controls. After the Arab Oil Embargo of 1973, this had particularly disastrous consequences on the supply of gasoline and petroleum products.

In discussing the 1970’s gasoline shortage, Reisman made the distinction between “scarcity” on the one hand and “shortage” on the other. As he noted in a later, more comprehensive book:

The concept of a shortage is not the same thing as the concept of a scarcity. An item can be extremely scarce, like diamonds, Rembrandt paintings, and so on, and yet no shortage exist.” (Reisman, George. Capitalism: A Treatise on Economics . TJS Books. Kindle Edition. Location 10064.)

Diamonds are very “scarce”, but there is no “shortage” of diamonds. The price of diamonds is determined on a free market. When something is scarce, their price is bid up to a level that will be consistent with that scarcity. So long as price can rise to a level that reflects that scarcity, then there will never be a shortage. People will learn to economize on that good or service. They will learn to do with less, or they will seek substitute goods.

In the production sector, if businesses find that certain inputs they need to operate are increasing in price, they will do the same. They will either learn to do with less, or they will seek substitute goods. For instance, if a factory making leather shoes finds that its cost of leather is going up, then it might switch to imitation leather, or start making canvas shoes.

Additionally, if a business sector is highly profitable because more consumers want its goods and services relative to other business sectors, then that business will have more money to hire more workers and, if the economy is near full employment, then it will be able to pay its workers higher wages, and thereby outbid other businesses that are less profitable.  If, for instance, more people suddenly want more shoes and fewer jackets, then the shoe industry will be making higher profits as consumers are willing to pay more for shoes. This will give the shoe industry greater profits relative to other businesses sectors, and they will be able to offer higher wages and pay more for the inputs that both shoes and jackets use. (Leather, for instance, will go to make leather shoes, and not to make leather jackets.)

But, if the government steps in and interferes with this process by imposing price controls for leather, then shoe companies will not be able to pay more for leather in order to outbid the manufacturers of leather jackets. The government will thwart the shift from making leather jackets to making leather shoes because it has distorted the price system with price controls, and thereby destroyed any incentive that leather makers would have to sell more leather to shoe companies and less to leather jacket manufacturers.

The takeaway from George Reisman’s book, the Government Against the Economy, is that governmental interference in the profit motive leads to shortages, among other problems.

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The plan to increase unemployment insurance benefits and give some Americans (around) $3,000 will lead to shortages in key industries for similar reasons as the price and wage controls of the 1970’s. It will discourage people who have been temporarily displaced from their jobs from seeking alternative sources of employment.

Some of these people could be employed in critical areas of the economy that are going to need to ramp up production. Some of these areas include:

(1) Grocery Stores

Grocery stores need more employees:

https://www.wpsdlocal6.com/news/overwhelmed-grocery-stores-looking-to-hire-during-stressful-times/article_25d3c018-6a41-11ea-b4dd-eb1e05a0b641.html

(2) Online order fulfillment at places like Amazon and Walmart centers.

Fulfillment centers at Amazon and Walmart need more employees:

https://www.marketwatch.com/story/amazon-is-hiring-100000-workers-7-eleven-will-hire-up-to-20000-here-are-the-sectors-adding-jobs-amid-coronavirus-2020-03-20

(3) Restaurants switching to food delivery or increasing their food delivery services.

Restaurants, many of which have been arbitrarily shut down by the government, need delivery services:

U.S. consumer interest in delivery and take-out food service has more than doubled due to the coronavirus pandemic

https://www.ibtimes.com/us-interest-take-out-delivery-food-services-double-during-covid-19-panic-according-2943682

(4) Businesses need extra personnel to clean

All businesses need cleaning people to go through and sanitize their offices and work areas more frequently, if for no other reason than to assure workers and customers that health and safety is a top priority:

Job openings for cleaners are shooting through the roof as the U.S. mobilizes to contain the coronavirus…Many companies, workplaces and transportation systems are trying to assure customers they are safe by sanitizing and deep cleaning their premises. That’s leading to a steep increase in demand for cleaning services…”

https://www.marketwatch.com/story/taking-it-to-the-cleaners-coronavirus-spurs-spike-in-demand-for-jobs-to-sanitize-america-2020-03-12

Paying people unemployment insurance, especially when there is enormous need for employment in other sectors of the economy, like there is right now, will reduce the incentive for people to seek employment in these other sectors of the economy.

Additionally, making cash payments of $2,000 or more to people below a certain income threshold will likely discourage people who could do the type of work that is needed right now from doing overtime or re-entering the job market. If the government is going to pay a person working in the the office cleaning industry $2,000, then they might decide they’d rather stay home for the next month. This will mean offices and businesses don’t get cleaned.

(I don’t know how much cleaning services actually help stop the spread of COVID-19, but consumers and workers appear to want the psychological reassurance that stores, offices, and factories are clean. So, cleaning them will provide those consumers and workers with the confidence to go back to work, and get the economy moving.)

Reisman described how the profit motive works in a free market for labor  in a later book, Capitalism: A Treatise on Economics:

In sum, in a free market there are at least three principles of wage determination at work simultaneously. One is a tendency toward a uniformity of wages for labor of the same degree of ability. A second is a tendency toward unequal wage rates for labor of different degrees of ability—primarily intellectual ability, but also other abilities as well. And a third is a tendency toward the inclusion of discounts and premiums in wages as an offsetting element to the special advantages or disadvantages of the occupations concerned. The combined operation of these three principles helps to explain the full range of the various wage rates we observe in actual life.” (Reisman, George. Capitalism: A Treatise on Economics . TJS Books. Kindle Edition. Location 9062)

 “Now, as far as it operates, the principle of the uniformity of wage rates is similar in its consequences to the uniformity-of-profit principle. That is, it serves to keep the various occupations supplied with labor in the proper proportions. Too many people do not rush into carpentering and not enough go into printing, say, because the very effect of such a mistake is to reduce the wages of carpenters and raise those of printers.” ( Reisman, George. Capitalism: A Treatise on Economics . TJS Books. Kindle Edition.  Location 9065)

In addition, the operation of this principle gives to consumers the ultimate power to determine the relative size of the various occupations. If, to continue with the same example, the consumers buy more printed matter and fewer products made of wood, then the effect of the change is to cause the demand for printers to rise and that for carpenters to fall. As a result, the wages of printers rise and more young men are induced to become printers, while the wages of carpenters fall and fewer young men become carpenters.

It should be realized, as this example of the printers shows, that in seeking to earn the highest wages, the individual worker is seeking to do the kind of work the consumers most want him to do.” (Reisman, George. Capitalism: A Treatise on Economics . TJS Books. Kindle Edition. Location 9070)

“…the enactment of price and wage controls causes shortages and economic chaos, because it destroys the price system.” (Reisman, George. Capitalism: A Treatise on Economics . TJS Books. Kindle Edition.  Location 37186)

Paying people in shuttered industries and professions extra unemployment benefits will discourage them from seeking employment in industries where there is suddenly great demand. If someone can get paid, say, $2,000 a month in unemployment benefits, or go work at an Amazon fulfillment center and earn $2,500 per month, they might just decide to forego the extra $500, and sit at home.

(I am assuming someone at an Amazon fulfillment center makes about $15/ hour, working 40 hours per week. https://www.glassdoor.com/Hourly-Pay/Amazon-Fulfillment-Associate-Hourly-Pay-E6036_D_KO7,28.htm and, I’m assuming the average monthly benefit for unemployment insurance is about $500 per week. https://fileunemployment.org/unemployment-benefits/unemployment-benefits-comparison-by-state )

By paying out massive unemployment benefits, it’s like the government is a business that is bidding away people who could go and work at Walmart and in trucking at a time when Walmart and trucking companies are in need of those additional workers. It doesn’t even matter that these people might make more working at Walmart than they would on unemployment, because there is “disutility” associated with working. Most people would prefer to stay at home rather than work, which is why they get paid. If the government pays them something even close to what they can make working, then they’ll just chose not to work.

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The effort to prop up businesses hit by the Coronavirus will have the same effect as giving more unemployment benefits to American workers at this time. It will disincentivize them to switch to the production of more immediately necessary goods and services.

Passenger air traffic has fallen off drastically because no one wants to take a chance of becoming infected on a plane. Commercial airlines and cruise ships could retool their planes and boats to deliver goods and cargo instead of people.  Admittedly, they will take a hit to their profit, since their systems are not set up for cargo delivery, but this could be done with some retooling.  Some airlines are already doing this:

American Airlines will conduct its first cargo-only flights since 1984 on Friday as it looks to offset a massive revenue shortfall amid the ongoing coronavirus pandemic.” https://www.foxbusiness.com/markets/american-airlines-coronavirus-cargo-freight-flights

Perfume and alcoholic-beverage companies have switched to making hand-sanitizers:

“The British Honey Company, which makes honey, gin, rum and other spirits from its base in the Cotswolds, said it would use spare capacity in its distillery in Worminghall, Buckinghamshire, to produce hand sanitiser.”

https://www.theguardian.com/business/2020/mar/21/europes-companies-retool-production-to-fight-coronavirus-fallout

Although in the US, alcohol companies had to get “special dispensation” from the FDA to do so, as the FDA restricts the output of hand-sanitizer with regulations: https://www.cnbc.com/2020/03/20/fda-says-it-wont-take-action-against-manufacturers-that-start-making-hand-sanitizer.html

Now, thanks to government subsidies, these companies have an economic incentive to sit idle. Rather than retool, passenger airlines might decide it’s better just to do nothing, let their planes sit idle, and take their corporate welfare check from the government. It’s exactly the same principle as paying people extra unemployment benefits. The stockholders at the airlines might decide it’s better to just sit idle, and hope for passenger traffic to return.

Since what is needed right now is the movement of cargo like medical supplies, the government is essentially paying companies to remain idle, which will exacerbate the problem, and thereby keep us in the emergency even longer. (This is all assuming that COVOD-19 is truly the health threat that many government officials are claiming it is- which I don’t have enough information to know, one way or the other.)

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If the current plans in Congress to help will actually hurt our response to the COVID-19 natural disaster, is there anything Congress and State governments can do? They can get out of the way. Some possible solutions include the following:

(1) Reduce commercial drivers license regulations.

There are probably a lot of retired truck drivers out there. The government could repeal commercial driver’s license requirements for anyone who has ever had a commercial driver’s license, even if it isn’t active. For instance, in Washington D.C., if a CDL has been expired for more than 60 days, the driver has to retake the tests:

If your CDL has been expired for more than 60 calendar days, you must take and pass BOTH the knowledge and the road skills tests.” https://dmv.dc.gov/service/renew-cdl

State and Federal Government should waive this and allow truckers to drive on expired CDL’s.

(2) Allow doctors from other countries residing here who do not have medical licenses to practice medicine – with patients signing informed consent forms.

There could be thousands of foreign people from other countries in the US right now that could start practicing. The New York Times notes that:

“….No one knows exactly how many immigrant doctors are in the United States and not practicing, but some other data points provide a clue. Each year the Educational Commission for Foreign Medical Graduates, a private nonprofit, clears about 8,000 immigrant doctors (not including the American citizens who go to medical school abroad) to apply for the national residency match system. Normally about 3,000 of them successfully match to a residency slot,…” https://www.nytimes.com/2013/08/12/business/economy/long-slog-for-foreign-doctors-to-practice-in-us.html

This is significant because foreign doctors can only practice in the US if they can get into one of these residency slots. This means there are about 5,000 foreign doctors in the US every year that cannot practice medicine.

(3) Relax immigration laws for foreign medical personal and their immediate families (spouses and children). Offer permanent US residency if they serve in hospitals here during the crisis.

I suspect that you would have large numbers of foreign doctors flooding into the US very quickly if this offer was made.

Would a doctor rather live and practice medicine in India, or here in the U.S.? If you allow him to bring his wife and children, and give them all permanent U.S. residency, the airlines would suddenly see planeloads of doctors and nurses headed to the US. I predict this would solve a lot of our healthcare problems, very quickly.

(4) Allow doctors and other medical personnel who allowed their licenses to lapse due to retirement, or who no longer have a license for other, non-disciplinary, reasons, to practice medicine, with patients signing consent forms.

In a serious emergency, getting medical care from a doctor with a lapsed license is better than getting no medical care at all.

(5) Eliminate all tariffs on the import of medical products

This appears to be something the Trump administration is getting right, although they initially helped create the problem:

https://thehill.com/policy/finance/trade/488799-trump-administration-seeks-public-comment-on-removing-tariffs-on-medical

(6) Eliminate all environmental regulations associated with drug manufacturing and the manufacture of medical supplies, so that drugs can be made here in the US, instead of in China.

Rosemary Gibson, author of “China Rx: Exposing the Risks of America’s Dependence on China for Medicine”, discussed the shortage of essential lifesaving drugs in U.S. hospitals on C-SPAN recently. She noted at 00:33:36 that:

“THAT’S A GREAT QUESTION, ONE OF THE REASONS THAT CHINA’S CHEAPER IS NOT JUST BECAUSE OF SUBSIDIES BUT BECAUSE LABOR COSTS ARE LOWER AND ENVIRONMENTAL REGULATIONS ARE CERTAINLY NOT WHAT WE HAVE HERE. SO BY OUTSOURCING IT WE HAVE ACTUALLY INCREASED GLOBAL POLLUTION WHICH COMES FROM PHARMACEUTICAL MANUFACTURING. WHAT I HAVE BEEN IMPRESSED WITH COMING BACK TO THIS IS THE NEW CHEMICAL PROCESSES THAT WE HAVE WHICH DRAMATICALLY REDUCES THE ENVIRONMENTAL FOOTPRINT. IF WE CAN LEARN TO MAKE OUR MEDICINES DIFFERENTLY AND ADOPT THOSE PRACTICES, WE CAN MITIGATE THE ENVIRONMENTAL IMPACTS THAT COME FROM TRADITIONAL WAYS OF MAKING MEDICINE.” (Emphasis added.)  https://www.c-span.org/video/?470077-5/washington-journal-rosemary-gibson-discusses-us-reliance-china-lifesaving-drugs&start=2016

In other words, environmental laws are forcing drug manufacturers over to China, where they can then threaten to restrict our supply of medical drugs, as one Chinese official recently did. https://www.ibtimes.com/china-threatens-restrict-drug-exports-us-amid-coronavirus-pandemic-2941920

(7) Eliminate minimum wage laws for medical manufacturing here in the US.

This is the other major reason we don’t manufacture more goods here in the US. Labor costs are artificially high thanks to unions and minimum wage laws.

(8) Eliminate overtime restrictions, and requirements that employers pay time and a half for jobs at hospitals, medical facilities, grocery stores, food delivery, and food services industries.  Allow the free market to determine what people will be paid, which will probably be more than before, anyway.

The reality here is that most of these industries are going to pay much higher wages precisely because they need to “ramp up” with as many doctors, nurses, truck drivers, and Walmart workers as they can. So, people in these sectors will likely get paid more, not less.

(9) States like California should roll back laws restricting the “gig economy”, especially for thinks like food and package delivery.

Companies like DoorDash, which is an app-based food delivery service, are potentially going to be put out of business by California’s AB 5:

It has many unicorns, including Lyft, DoorDash, Instacart and Uber worried about their business model scrambling to launch a voter initiative to roll back the effects of AB 5.”  https://www.cnbc.com/2019/12/11/californias-new-employment-law-is-starting-to-crush-freelancers.html

California, which is currently forcing all residents to remain in their homes under penalty of law (an injustice in itself), should repeal AB 5.

(10) Prepare government funds to pay Hotels and Motels to use their rooms in an emergency as extra bed space for medical patients.

This is a temporary taking of private property by government, so compensation would have to be paid, although I suspect most hotel and motel companies would gladly donate the space. Hospitals would probably be willing to pay them for the use.

The government should cut funding to non-essential things like public parks, recreation areas, and libraries to pay the just compensation to hotel and motel companies. Alternatively, the government can offer to drastically reduce the taxes that hotel and motel companies pay in order to compensate them. In other words, the government can guarantee lower taxes in the future for hotels and motels, if they agree to make bed space available for medical purposes if things should get too bad. (Essentially offer a massive income tax credit for several years to hotel and motel companies.)

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The social and political reality of the age we live in means I am probably “spitting into the wind” by writing this. What people do in a crisis is largely determined by a lifetime of habit and belief. Perhaps if more people read books by Ayn Rand, Ludwig von Mises, and George Reisman going forward, the next national crisis, whatever it is, will lead to positive political and social change, instead of more of the statism and collectivism that has made our culture and society sicker than any virus ever could.

Corona Virus Questions

By this point, everyone knows what COVID-19 is, so this topic needs little introduction. The public, media, and political reaction to it is certainly new in my lifetime. People in their sixties or seventies may remember a time when there were health scares of this magnitude, with smallpox or polio, but no one born after about 1965 really remembers them. The last known smallpox case occurred in 1977, and polio was drastically reduced in the late 1950’s, after a vaccine was developed.

The question that I cannot quite answer in my mind is this: Is the public reaction warranted? Even if the reaction is merited, I think we need to think carefully about what solutions to the problem are justified. Sometimes, as the old saying goes: “The cure is worse than the disease.”

Is Corona Virus a great danger? There is sometimes great difficulty in knowing what the right answer is on a complex scientific question, where even the most knowledgeable are operating on limited information. This article, written by a medical doctor makes the same point:

All of this whiplash points to one perhaps uncomfortable thing: no one really knows how bad COVID-19 is, and how much damage it could eventually lead to.” https://blogs.scientificamerican.com/observations/uncertainty-in-a-time-of-coronavirus/

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Some in the media and on the political left have criticized Donald Trump for being too slow in recognizing or reacting to the virus. This can simply be an error of knowledge. No one is omniscient.  This is precisely why you shouldn’t rely on an all-powerful Federal government to make decisions for you. No single human mind can hold that much complex information at one time and make a decision about what is best for your life and situation. It’s why Capitalism and constitutional republicanism are the proper system.

Government employees are poor at dealing with a disaster because the system they operate in is one of rules. There is no “upside” for a government employee who “thinks outside the box” or innovates. If they succeed, they’re unlikely to get a raise. If they fail, and it gets out they broke the rules, they’re likely to get fired. I noticed this before in a different blog entry about the Ebola Virus outbreak that occurred in Dallas:

This is the essential problem with all government. Government sets rules that are (ultimately) enforced by the barrel of a gun. The CDC bureaucrats only act if there is a rule telling them to act -which is as it should be. So, its no surprise that when this nurse was under the temperature threshold for their no-fly rule, no one at the CDC was going to “stick their neck out” and recommend that she not fly. A bureaucracy doesn’t reward incentive by its employees like a for-profit business -so there would only be “downside” if a CDC employee took initiative.”  (http://deancook.net/2014/10/16/i-need-wider-powers/)

Since I wrote this blog entry, I found a great example of the contrast between the culture of initiative that a free market encourages and incentivizes, and the “culture of conformity” that government creates. “The Checklist Manifesto” by Atul Gawande discusses how badly State and Federal government failed after Hurricane Katrina. The real, unsung heroes of that disaster were the executives and employees of Walmart. (http://atulgawande.com/book/the-checklist-manifesto/ )

The government’s command-and-control system became overwhelmed, with too many decisions to make and too little information available. But authorities clung to the traditional model. They argued with state and local government officials over the power to make decisions, resulting in chaos. Supply trucks were halted and requisitions for buses were held up while local transit buses sat idle.

Walmart executives, however, took the opposite approach from command and control. They realized Walmart’s Hurricane Katrina response could make a huge difference. Recognizing the complexity of the circumstances, CEO Lee Scott announced to managers and employees that the company would respond at the level of the disaster. He empowered local employees to make the best decisions they could.” https://www.shortform.com/blog/walmart-hurricane-katrina/

Walmart dealt with Hurricane Katrina better than the government because private enterprise encourages initiative, while government jobs encourage “covering your ass”.

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What changes should we make in the face of Corona Virus?   Even if we need to adjust our behavior temporarily, I think that any permanent  changes in our society aren’t desirable, regardless of the risks. To understand this, ask yourself a simple question: “What is life?”

Is life just continuing to breath and maintaining our body’s homeostatic equilibrium? I read an article about how grandparents are having to be isolated from their families and grandchildren, since the elderly are most at risk when it comes to Corona virus. (The mortality rates are much higher for people in their seventies and eighties.) (https://www.usatoday.com/story/news/nation/2020/03/18/grandparents-cant-babysit-kids-at-home-coronavirus-fears/5072304002/)

Reading the article, I had to wonder: How long does Grandma want to go without seeing her grandchildren? How long does Grandma want to live in isolation like that? Does grandma think that life is about nothing but keeping her heart beating and her lungs pumping air? (Ask your grandma what she thinks.)

Do we want to permanently shut down movie theaters, ball parks, and churches, just because we might catch a disease? Is life worth living without social contact with other people?

Clearly, shutting down public events and isolating grandma and grandpa has to be temporary, in the face of an emergency. It cannot go on forever. Life is about more than maintaining homeostasis.

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Now, let’s turn to some of the governmental measures that have been proposed, or even implemented in the face of this threat. (Which may very well be a real threat -I don’t know for sure.) Is governmental force the answer to the Corona virus? Is a totalitarian dictatorship more “efficient” at dealing with something like this?

The Chinese were certainly quick to build hospitals and implement quarantine…I mean…after their attempt to cover it up failed. The Chinese doctor, Dr Li Wenliang, who originally discovered the virus and tried to warn people was initially arrested and threatened by the Chinese government. https://www.bbc.com/news/world-asia-china-51364382

Additionally, it appears that the Chinese government’s lack of transparency and openness about the virus meant the Western world didn’t find out about it until it was too late to do anything to contain it:

China has a history of mishandling outbreaks, including SARS in 2002 and 2003. But Chinese leaders’ negligence in December and January—for well over a month after the first outbreak in Wuhan—far surpasses those bungled responses.” https://www.theatlantic.com/ideas/archive/2020/03/china-trolling-world-and-avoiding-blame/608332/

The Chinese government’s failure demonstrates a direct relationship between the initiation of government force and the spread of this disease. A free society and a free press would have had a much better chance of containing the initial outbreak.

Once the virus was outside China, some freer countries seem to have handled it better than others. Italy has now surpassed China in the number of deaths. But, South Korea has done remarkably well:

A week after the Jan. 27 meeting, South Korea’s CDC approved one company’s diagnostic test. Another company soon followed. By the end of February, South Korea was making headlines around the world for its drive-through screening centers and ability to test thousands of people daily.” https://www.reuters.com/article/us-health-coronavirus-testing-specialrep/special-report-how-korea-trounced-u-s-in-race-to-test-people-for-coronavirus-idUSKBN2153BW

This Reuters article goes on to say that the US response hasn’t been as good. But, it notes that a lot of this had to do with bureaucracy at the FDA:

How the United States fell so far behind South Korea, according to infectious disease experts, clinicians and state and local officials, is a tale of many contrasts in the two nations’ public health systems: a streamlined bureaucracy versus a congested one, bold versus cautious leadership, and a sense of urgency versus a reliance on protocol.” https://www.reuters.com/article/us-health-coronavirus-testing-specialrep/special-report-how-korea-trounced-u-s-in-race-to-test-people-for-coronavirus-idUSKBN2153BW

Additionally, South Korea is a much smaller country than ours. It’s not much bigger than some of our states. This suggests that what is needed is a political apparatus that is closer to the people, and closer to the problem. Unfortunately, we have ceded too much power to the Federal government, rather than letting individual state governments deal with local problems, which they are closer to, and will have a better feel for.

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What about trying to stop the problem at our borders? Is a temporary restriction on people entering the country from certain areas of the world, especially China, desirable? I’ve wondered if a lot of U.S. Hispanics might not have changed their tune. Are they now wondering why Trump isn’t doing more to keep Asians out of the US? A lot of the immigration debate is driven by tribalism on both sides. As I coincidentally mentioned some time ago, I doubt most Hispanic-Americans would be as against  immigration restrictions if the majority of immigrants were Chinese:

Would the ‘Hispanic leadership’ in the Democratic Party care so much about immigration if most of the immigrants were German, or Chinese? (I doubt it.) Obama’s policies on immigration were another appeal to a tribalistic pressure group, just like his support of “Black Lives Matter”.” http://deancook.net/2018/12/17/barack-obama-tribalist-in-chief/

At the beginning of the Twentieth Century, a lot of immigration restriction was aimed at preventing Chinese entry into the country for precisely this reason. They brought epidemics with them. For instance, San Francisco was the location of a bubonic plague outbreak in 1900-1904, which was focused in that city’s Chinatown. https://www.sacbee.com/news/california/article240714036.html

All that said, I am in favor of free immigration, because it is consistent with the free market. But, requiring people to undergo a short quarantine period before entering the country could certainly be a reasonable regulation. Denying entry to people specifically known to carry communicable diseases can also likely be justified. You don’t have a right to knowingly get other people sick with your germs -that is an initiation of physical force, just like if someone recklessly drove a car and killed someone. I do, however, think this is a matter for state government, not federal. http://deancook.net/2014/10/30/i-just-realized-there-is-no-authority-under-the-constitution-for-the-feds-to-impose-a-21-day-quarantine-on-persons-from-africa/

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What about some of the aggressive measures that have been implemented at the State or local level in the United States? Are they justified? For instance, San Francisco is only allowing people to leave their homes to get groceries or pick up essentials. https://www.yahoo.com/entertainment/greater-san-francisco-area-residents-195831637.html

Are cities like New York, San Francisco, and Dallas doing the right thing with aggressive, involuntary mass-quarantine measures? (Such as restaurant closings, bar closings, “shelter in place orders”, and the like?)

The “shelter in place” order in San Francisco pretty much has to count on voluntary compliance because there isn’t sufficient governmental force in place to enforce it. How will the cops know if you’re going to the grocery store or not? What if you say you’re not carrying ID? Since homeless people are exempt from the order, how will a cop know you’re not homeless? Short of a system of police checkpoints, an internal “passport system”, and heavy penalties for anyone violating this order, it is unenforceable without voluntary compliance.

In fact, compliance with quarantines and social distancing measures has to be almost entirely voluntary. As a free society, we don’t have the systems in place to enforce mass quarantines against people’s will. (And, it’s not desirable.)

I suppose someone could argue something like: “Emergencies can happen. Systems, like the ability to enforce mass quarantine, in San Francisco and New York, are needed. We need systems in place for mass lock downs, holding people without due process, and violations of the freedom of assembly.”

But, what is an “emergency”? It’s a temporary unexpected calamity. If virus outbreaks happened all the time, they wouldn’t be emergencies. We’d develop technologies and social customs to deal with them. (Everyone would learn to wear bio-hazard suits in public, people would insist that others show them a “clean test result” before letting them into their homes, etc.) No police state would be necessary in that case. The free market and freedom of association could handle it.

But, if virus pandemics remain unlikely, “outlier”, events, as they probably will, then putting into place governmental systems and sufficient force to be able to enforce a “shelter in place” order like they are proposing in New York, and have implemented in San Francisco, could be abused by any would-be tyrant or oligarchy looking to seize power and subvert constitutional republican government.

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If governmental initiation of physical force is never the answer, even in an emergency, then what should be done?

First, it isn’t a good idea to wait until the emergency occurs to figure this stuff out. We need to think carefully about what sorts of temporary governmental measures are acceptable when emotions aren’t running high. The matter requires sober and careful consideration by legislatures and courts, with an eye to due process, basic civil liberties, property rights, and the sanctity of the individual. But, since we are apparently already in the emergency, I would like to propose some “operating principles” for judging different measures being proposed by our Federal and State governments in dealing with COVID-19.

(1) The more each individual can choose their own level of risk, the better.

People can choose whether they want to go to bars, restaurants, and gyms. People can choose if they want to fly on an airplane, or travel on a cruise ship. No one else is being forced to do these things, and mass-restrictions on freedom of assembly should be used extremely sparingly.

I recognize that one person’s decision to take the risk affects other people’s lives. If I go to a restaurant, and get infected, then I could potentially infect other people. But, is mere risk of harming others justification for long-term restrictions on freedom of assembly when there is no evidence that the particular people assembling are sick? Think about this in other contexts. We could save a lot of lives by outlawing cars. People who drive in cars put pedestrians and bikers at risk, so they are, in some sense, putting people who didn’t chose to drive at risk. No one really “needs” a car, do they? Why don’t we get rid of them? Because the inconvenience on our lives is too great.

(This is not to say quarantines are never justified, as further discussed below.)

(2) The more local government can decide on what to do, the better.

County decisions are better than State decisions, and State decisions are better than Federal. Small countries like South Korea can react better than large countries, because their leaders are closer to those they represent. In the United States, each state should be viewed more as its own country, and allowed to deal with the problem, free from Federal interference.

(3) Particular people, who are a known objective threat, should be treated and quarantined, while respecting their due process rights.

The focus should be on encouraging people to be tested and treated through voluntary measures. This seems to be part of what has made South Korea so successful in dealing with the problem:

The preventative measures being taken in South Korea have so far involved no lockdowns, no roadblocks and no restriction on movement.

Trace, test and treat is the mantra. So far this country of over 50 million people have been doing their bit to help. Schools remain closed, offices are encouraging people to work from home, large gatherings have stopped.” https://www.bbc.com/news/world-asia-51836898

Forced quarantine should be a last resort, and only when there is good evidence someone has the virus. Courts should be set up to provide Skype or other teleconferencing hearings for those quarantined to ensure their due process rights. No one should be held, or forced to stay in their home, more than 24 hours without the State getting approval from a court.

(4) Mere economic hardship should not be grounds for a bailout at other people’s expense.

Where does that end? If a restaurant can be bailed out because no one wants to eat there anymore, then what about all the other people who, in normal conditions, see their business fail? A natural disaster is an insurable event. If a business owner is concerned about business shutdown due to an emergency, then contact Allstate or State Farm, not the Feds.

The Trump plan to give everyone $1,000 makes no sense. Goods aren’t produced by the government. If you print an extra $1,000 and somehow magically put it in everyone’s bank account overnight, then they’ll just bid up the price of goods and services, since the quantity of goods and services will remain the same. That’s a prescription for price inflation.

But, with that said, when there is government-enforced quarantine, there is a good argument for that particular individual or business being compensated. If a person is forced not to work for two weeks because we, as a society, have said they might spread a disease, then that particular individual probably should be entitled to some form of support or compensation during that time-period, because it is essentially a governmental taking of private property under the Fifth Amendment of the Constitution.

(5) Fundamental civil liberties, rights to free assembly, freedom of movement, and due process must be observed.

But, this can occur within the specific context of an emergency. The freedom of assembly is not the freedom to knowingly or even negligently infect other people with your disease. People with specific, known communicable disease can be quarantined, with due process.

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A natural disaster can call for highly unusual government responses, but there is a limit. Even in an emergency, there are things that should not be done, because, in the long-run, free societies have proven to be more prosperous, healthy, and “pro-living” than the alternative, and would-be tyrants will tend to find emergencies, if not manufacture them, to justify the seizure of power.