February 4, 2013

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Finally, Peggy Noonan gets it.

The State of the Union was a spectacle of delusion and self-congratulation in which a Congress nobody likes rose to cheer a president nobody really likes. It marked the continued degeneration of a great and useful tradition. Viewership was down, to the lowest level since 2000. This year’s innovation was the Parade of Hacks. It used to be the networks only showed the president walking down the aisle after his presence was dramatically announced. Now every cabinet-level officeholder marches in, shaking hands and high-fiving with breathless congressmen. And why not? No matter how bland and banal they may look, they do have the power to destroy your life—to declare the house you just built as in violation of EPA wetland regulations, to pull your kid’s school placement, to define your medical coverage out of existence. So by all means attention must be paid and faces seen.

I watched at home and thought: They hate it. They being the people, whom we’re now supposed to refer to as the folks. But you look at the polls at how people view Washington—one, in October, had almost 9 in 10 disapproving—and you watch a Kabuki-like event like this and you know the distance, the psychic, emotional and experiential distance, between Washington and America, between the people and their federal government, is not only real but, actually, carries dangers. History will make more of the distance than we do. Someday in the future we will see it most vividly when a truly bad thing happens and the people suddenly need to trust what Washington says, and will not, to everyone’s loss.

In the country, the president’s popularity is underwater. In the District of Columbia itself, as Gallup notes, it’s at 81%. The Washington area is now the wealthiest in the nation. No matter how bad the hinterlands do, it’s good for government and those who live off it. The country is well aware. It is no accident that in the national imagination Washington is the shallow and corrupt capital in “The Hunger Games,” the celebrity-clogged White House Correspondents Dinner, “Scandal” and the green room at MSNBC. It is the chattering capital of a nation it less represents than dominates. …

 

 

A FL LawProf says the president cannot ignore laws. 

As every grade-schooler knows, Congress has sole authority to make laws. The president has a corresponding duty to “take care that the laws be faithfully executed.” When one branch of government exceeds its authority, separation of powers is violated, and representative government breaks down.

Presidents have power to fill gaps or ambiguities in laws passed by Congress. They do not, however, have power to ignore laws as written. For example, when President Obama unilaterally raised the minimum wage for federal contractors’ employees, he directly contravened the Fair Labor Standards Act, which says that “every employer shall pay to each of his employees” a minimum wage of $7.25 per hour.

President Obama has shown a penchant for ignoring the plain language of our laws. He unilaterally rewrote the employer mandate and several other provisions of the Affordable Care Act, failing to faithfully execute a law which declares, unambiguously, that these provisions “shall” apply beginning Jan. 1, 2014. Similarly, in suspending deportation for a class of young people who entered this country illegally, the president defied the Immigration and Nationality Act, which states that any alien who is “inadmissible at the time of entry” into the country “shall” be removed. …

 

 

And a Daily Beast article says he can’t ignore the truth about the good wages women are actually getting.

President Obama repeated the spurious gender wage gap statistic in his State of the Union address. “Today,” he said, “women make up about half our workforce. But they still make 77 cents for every dollar a man earns. That is wrong, and in 2014, it’s an embarrassment.”

What is wrong and embarrassing is the President of the United States reciting a massively discredited factoid. The 23-cent gender pay gap is simply the difference between the average earnings of all men and women working full-time. It does not account for differences in occupations, positions, education, job tenure, or hours worked per week. When all these relevant factors are taken into consideration, the wage gap narrows to about five cents. And no one knows if the five cents is a result of discrimination or some other subtle, hard-to-measure difference between male and female workers. In its fact-checking column on the State of the Union, the Washington Post included the president’s mention of the wage gap in its list of dubious claims. “There is clearly a wage gap, but differences in the life choices of men and women… make it difficult to make simple comparisons.”

Consider, for example, how men and women differ in their college majors. Here is a list (PDF) of the ten most remunerative majors compiled by the GeorgetownUniversityCenter on Education and the Workforce. Men overwhelmingly outnumber women in all but one of them:

1.   Petroleum Engineering: 87% male
2.   Pharmacy Pharmaceutical Sciences and Administration: 48% male
3.   Mathematics and Computer Science: 67% male
4.   Aerospace Engineering: 88% male
5.   Chemical Engineering: 72% male …

 

 

Virginia Postrel defends art majors. 

President Obama had a perfectly fine message for young people when he spoke at a General Electric plant in Wisconsin yesterday: Learning a skilled trade can be just as lucrative and worthy of respect as getting a college diploma. Unfortunately, that’s not what he said.

Instead, he took a cheap shot at the favorite punching bag of people who deride higher education in general and the liberal arts in particular. He attacked art history. “I promise you, folks can make a lot more potentially with skilled manufacturing or the trades than they might with an art history degree,” he said.

It was the cheapest of cheap shots because, as I noted in a column two years ago, almost no one majors in art history. Art history majors account for less than 0.2 percent of working adults with college degrees. …

 

 

Jillian Kay Melchoir posts on the felons who are obamacare navigators. In CA, of course.

At least 43 convicted criminals are working as Obamacare navigators in California, including three individuals with records of significant financial crimes.

Although some of the offenses are decades old, and although convicted criminals account for only 1 percent of the 3,729 certified enrollment counselors in the state, Californians still have good cause to be concerned about their privacy.

Even a single crooked navigator could do significant harm to the public. That’s because when navigators sign consumers up for health insurance under the Affordable Care Act, they have access to lots of private information, including Social Security numbers, home addresses, and financial data — basically, everything on the wish list of identity thieves and fraudsters. Navigators also are likely to work with a population that is more vulnerable than average.

Limited statistics released by Covered California — the state’s new health-insurance exchange — showed that one navigator has repeat forgery offenses — one in 1982, then another in 1994, with a burglary in between. Another had two forgery convictions in 1988, in addition to a domestic-violence charge a decade later. Another committed welfare fraud in 1999 and had shoplifted on at least two prior occasions. Since 2000, individuals now working as navigators have committed crimes including child abuse, battery, petty theft, and evading a police officer. At least seven navigators have multiple convictions. The information released covered only certified enrollment counselors, one of the three types of navigators working in California.

These statistics raise a delicate and controversial issue. On the one hand, it’s in the public interest to give former criminals the chance to reform themselves and make a living in the legitimate economy. On the other hand, innocent consumers deserve adequate protection of their private information, especially when they’re being compelled to buy something. …

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