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ControlsFreak


				

				

				
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joined 2022 October 02 23:23:48 UTC

				

User ID: 1422

ControlsFreak


				
				
				

				
5 followers   follows 0 users   joined 2022 October 02 23:23:48 UTC

					

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User ID: 1422

I'm a bit of a dissenter on this one. I get the point; I really do. I don't want to be bombarded by every single little thing that happens. That said, from an objective perspective, I think there is a 100% chance that TheMotte will discuss a story that is this impactful and this close to the culture war. There is a 0% chance that it will not be discussed. This is not some random little news story that, if it's just not posted with a low effort comment, it'll skate by and never take up precious Motte real estate (which is the fate that I hope for with most of the random little news stories that the rules are trying to filter out). I felt the same way about the (main) Trump assassination attempt. (I will note that this is not some pet topic of mine; I almost never comment on Israel matters and would actually prefer less of them in general; I have not otherwise commented in this one, either. But this is truly a "C'mon" one.)

Thus, in my mind, the only question is how such 100% stories make it to the Motte. Speaking personally, it feels almost impossible to write a 'quality' top-level comment on it. There's not some ultra-unique take I'm going to have that provides an independent reason why I'm bringing it to your attention. What is the actual bar to clear? I don't actually know. Just fluff it up a bit, like you're re-reporting from a few sources? Seems weak to me. If we actually deleted these low-effort comments rather than just temp banning them, what would we get? Would this story just never get discussed? I doubt it. At worst, it'll end up in one of the links posts that are (allowed!) in the Transnational Thursday Thread, and then the entire discussion will blow up there.

Right now, the equilibrium is that somebody (or their alt account) is willing to take a ban to just do the thing that needs to be done.

An alternate solution that has sufficed from time to time is a megathread. You can see how that works with, e.g., US election results. There's little point in making someone have to come up with the gumption to think that they're going to have some 'quality' TLC for the discussion to happen. Everyone knows there's a 100% chance that discussion is going to happen. It just happens to be that the mods know in advance that that's the case, so we don't have to have someone eat a ban in the process. They don't know that in advance for a major Israeli attack on Iran or a presidential assassination attempt. The dream would be to have some mechanism by which a topic is so obviously a 100% topic that it prompts the mods to say, "C'mon, this is obviously a 100% topic; just click this button, and it'll make a megathread, so no one has to eat a ban." Yes yes, this is not a trivial mechanism to design.

To not leave this comment without at least some suggestion that might be plausible, I'll at least try one. IF the community were to embrace some version of this "100% topic" terminology, we could just include an additional reporting option. We could report low-effort comments like this one with the report, "Low-effort, but c'mon, this is a 100% topic." If enough people report [EDIT: and it actually meets the mod-declared standards for 100% topics], the mods could then respond with, "Approved on grounds of being a 100% topic," rather than a ban. Paired with this, to discourage low-effort comments that only might be a 100% topic, I would also support locking/deleting the entire chain of comments that follow a low-effort TLC that doesn't get approved as a 100% topic. I think the resulting equilibrium would be a lot better than just having to have someone eat a ban every time for no real reason.

EDIT: Concerning the "first" incentive, why does that exist? I'd maybe guess it's because people think that whoever posts it first will get upvotes for whatever reason. Right now, I guess they trade that off with bans or something? We could develop a norm of just downvoting them. Make the report option say, "I have downvoted this low-effort comment, but c'mon, it's a 100% topic." Since the incentive to be "first" is so minor, this disincentive to be "first" will also be minor. At least, it'll be less harsh than eating a ban. You can do the needful, eat a -50, then actually participate in this and other discussion. And if you're wrong about it being a 100% topic, you eat the downvotes, eat the ban, and your topic disappears.

There is a lot of tension in the problem statement that has been pointed out a few times. To what extent can "low IQ normies" actually understand somewhat complex topics that require a fair amount of marinating and perspective? So, I guess I'll contribute one little route that helps with one little ingredient that can go into the marinade and hopefully help them gain perspective over time. Hopefully, it's a simple enough contribution that it can actually somewhat stick with a normie. It's not meant to be a "now you oppose communism" point, but just a little contribution to make them slightly less susceptible and slightly more likely to fit other pieces into the puzzle. The first part is heavily lifted from Russ Roberts talking to Mike Munger in EconTalk.

The issue is that many have a very naive understanding of "fairness", as other folks have pointed out here. They imagine that you can just just elect the right politicians to grab the "fairness" knob and turn it toward "good", with no ill consequences. They obviously wouldn't be willing to trade off "fairness" for something as cold as "economic efficiency", which sounds like how capitalists exploit everyone. So, the point is to use two examples to argue that 1) Yes, you absolutely would give up some amount of fairness for some amount of efficiency, and 2) In fact, we have easy-to-understand historical examples of the relentless drive toward "fairness" being wildly harmful. The first proceeds with a theoretical exercise that feels practical enough to be within every normie's daily experience, and the latter hopefully helps connect the idea to practice in case they think it's just too disconnected and theoretical.

The first is a simple question about your morning commute. You come up to an intersection, and other cars come up to the same intersection at about the same time. Who should get to go first? Well, right now, you might think that it's just whatever the stoplight says or some local custom about how to deal with stop signs, but is that fair?! You're going to work, which you need to do to feed your family. Surely, you deserve to be able to pass through before some high school senior who's off on summer break and just picking up some coffee and donuts before spending his day just hanging out in the park, maybe playing some volleyball with his friends or something. At the same time, someone else may have more of a need. Their somewhat-senile elderly mother just called them, and they're worried that she's going to accidentally cause harm to herself with what she's up to. So, how do we figure out the fair way to make sure everyone in the intersection gets proper priority? We could have everyone get out of their car and have a little discussion about where they're going and why and then implement some group decision-making procedure in order to allocate priority fairly. Then repeat at the next intersection, and the next intersection, and the next intersection, all the way to work. Even normies can realize that this would be ridiculous. Really press them to make sure that they agree that they are willing to be "not fair", to make the guy going to his mother wait for the high school kid at the light, because the light system is vastly more efficient at moving everyone to their destinations, even if it's "not fair".

(A bonus here is if you can find a suitably shortened clip of a guy asking a commie prof if he can have a playstation in the prof's commie world. Commie prof was all like, "Well, we'd have to have a societal conversation..." and just point out that this is for everything. Stop and have a societal conversation when you want a playstation, when you want to buy a new game, when you want some DLC, when you stop at a traffic intersection, hell, even if you want to pick up some more charcoal for your grill, you're gonna need to stop and "have a societal conversation" about whether "society" is willing to let you have any of those things.)

The bonus could actually be a good connection to the second thing, which is a real-world example of exactly how the commie logic goes. Not only can you not do any of the fun things in life (or even get through an intersection to get to work), but you certainly can't acquire anything that could even help you do work. The Khmer Rouge took commie logic as logic, "fairness" above all else. Absolutely no chance that any Big Men of Capitalism could arise. In order to do that, you simply have to ban free enterprise. No one can hoard goods or money if they can't build an evil Big Business. If you let them just go start a business, they might make a bunch of money, and then we get inequality and unfairness. So, everybody works on the State farm, and they're definitely not allowed to do stuff that makes them rich, unequal, and unfair. At least, not without one of those "societal conversations" (don't ask when those actually happen, but spoiler, it's only when we want to give Party Insiders extra goodies). Don't even think about getting a computer; if you had a computer, you might program something and start a tech company, which might make you rich, unequal, and unfair. Hammers? Ladders? Literally anything that could be used to make money with? Banned, unless it's owned by the State, for use on State projects, which have presumably had a "societal conversation" approving them. Hell, the Khmer literally banned people who wanted to have a little more food for their family (because they apparently weren't satisfied by the outcome of the "societal conversation") from going out into the countryside and picking berries. Because that's "hoarding goods", and besides, you might try to sell them for other stuff, acquiring extra wealth, becoming rich, unequal, and unfair.

The result is hopefully that they can see that, while there is often an intuitive drive toward "fairness" (and some amount of this intuition may be fine), it actually gets extremely wonky as you blow it up in scale. It's directly connected to how it would negatively impact their normie life and a historical example of exactly that happening. They'll hopefully realize that they will, deep down, be willing to trade some amount of "fairness" for some amount of "efficiency", and I think that's enough of an accomplishment for a normie who is commie-curious. They'll definitely need more marinating to go much beyond that.

America had public ballots up until the 1890's

I've told the story of the "Australian ballot" here before:

When Australia was colonized by the Brits, they used it as a penal colony. Of course, they didn't go full Lord of the Flies with the convicts, but sent good, upstanding Brits to run the place and maintain good order. After serving out their sentences, many convicts did have the option of returning to Britain, but lots of them chose to stay. They were free citizens, but obviously, their jibs were cut a bit differently than the better class of good, upstanding Brits who were sent to run the place. The convicts were even free to run for elected office, and some even did. Yet somehow, confusingly, even as time went on and there were many more freed convicts than there were good, upstanding Brits, none of these convicts ever won any elections. Maybe everyone just realized that it was better if good, upstanding Brits continued running the place.

Other folks disagreed, and they managed to implement the 'Australian ballot', where each individual's vote would be totally, completely secret. Suddenly, magically, freed convicts began winning elections and were able to curtail some of the harshest abuses curious practices of the good, upstanding Brits.

The Australian Ballot was first introduced in Victoria and South Australia in 1856. Being adopted literally halfway across the world only forty years later is a testament to how compelling the idea is to solving genuine concerns.

I understand that you've had mail in voting for a decade and that you personally have not encountered any issues with it. But basically right before you got mail in voting, international pro-democracy organizations had all agreed that in-person secret voting was basically the only way to do it. If you expand your scope beyond an extremely-restricted, probably high-trust (and high-other-things) setting, there are plenty of reasons to significantly favor an actually secret ballot.

A PMC Revolt Will Hold Us Back From The Glorious Automated Future

I've heard a few variants on this. When Tyler Cowen was on Dwarkesh, he said that people will be the bottleneck to automation. His prediction seemed part mechanistic, but part hearkening to the Luddites, that automatable members of the PMC will band together to do whatever it takes to save their weak, deplorable skins. Pass destructive policies, regulations, restrictions, maybe even try to physically break the machines. A minor variant on the Woke Capitalist Wrecker, if you will; the PMC wrecker.

Some might be concerned that these sorts of predictions are a bit vague. What will they actually do? What will it look like? How could we watch events unfold and categorize what is happening? Of course, as the old joke says, fascism comes with smiley faces and McDonald's, so it's unlikely that their activities will be immediately apparent on just a surface glance. Thus, I will turn to the impetus for this post and submit that one need look no further than current events.

This morning at the gym, I listened to Phil Magness, an economic historian who specializes in tariffs, on Reason's Just Asking Questions Podcast. Then, when I got home, I read Alex Tabarrok's latest on Marginal Revolution. They both pointed out something that I had not realized. America still manufactures a lot of value. More value than ever before in history. In real terms. So why all the hullabaloo about manufacturing? Jobs. And why are jobs somehow impacted? It can't be that China has stolen all of the manufacturing value add from us; we've already established, from the data, that we're doing more of that than ever before.1 Nah... it's automation. We're manufacturing gobs more value with fewer human laborers.2

This is the backlash to automation. This is the "wrecker class" implementing destructive policies in response to being automated away. This is just what it looks like. It doesn't say it on the tin. The talk is always about jobs, but the blame is misplaced for why they're going away. It's automation. It can cause people to reach for whatever tool can possibly cause shortages and contract the economy, just hoping that doing so somehow reverses the impacts of automation. Nevermind that the intermediate steps are "cause shortages" and "contract the economy".

If you're worried about how the PMC will eventually sabotage the progress of automation or just want to find a way to model how humans might be a bottleneck on the way to a glorious automated future, one might need look no further than current events.

1 - Perhaps one wants to just compare total manufacturing value add. China does have approximately double of that than the US does. China also has approximately four times the population of the US.

2 - It also does not seem to be purely a population growth phenomenon.

I think you might be sounding like a transphobe. Tests, forms, doctor's notes, medical gatekeeping?

But no worries, I think @Gillitrut's position can come to your rescue. See, you don't have to actually make any decisions about what test/forms/notes/gatekeeping will occur. You can sit back, remain completely agnostic about any underlying Big T Truth, and just be law-brained enough to observe that different jurisdictions will make different choices. Some jurisdictions, we can call them the Transphobe Jurisdictions, have rulers and tests and stuff like you might want. Other jurisdictions, the Nontransphobe Jurisdictions, don't. Australia happened to choose already that they are a Nontransphobe Jurisdiction, having no rulers, no tests, no nothing. They have a much simpler process that lets you quickly and easily change the authoritative document, which declares, with authority (thus the adjective), how the law views the situation. One can then just sit back, be law-brained, and see that the conclusions follow from the premises.

...but now, Person B is considering going to a local amusement park, a private service provider. There happen to be two amusement parks in the area. Amusement Park Z is run by young, hip folks. They have electronic controls everywhere. You can scan your driver's license and swipe your credit card at the entrance, and then just use the nifty electronic system to access any rides you desire. Amusement Park X is run by old fogies, practically boomers. You have to hand physical tickets to the white guy standing next to the ride, and he points to the sign that says, "You must be this tall to ride." Can Person B sue Amusement Park X for not caring about the authoritative document and simply observing, "Your head don't touch the top of the ruler, dawg"?

After riding a ride that mayyyyyyyyyybe wasn't super safe for short people, Person B isn't feeling so good. B makes his way to the emergency room. B tells the doc everything about what's happened in the time period leading up to that moment. B's last physical act is to pull an insurance card out of a pocket and hand it to the doc, but since it was right next to B's driver's license in the pocket, both are grabbed and passed to the doc. (Can insert/remove a hypo here about B's last words being, "Please help me doc; do anything you need to.") Then, B passes out.

The doc runs a bunch of tests. In the process, they strip off B's clothes and replace them with a standard hospital gown. They can't help but happen to notice B's genitals in the process. The hospital bed automatically provides B's weight. Maybe even in the future, there's a ruler built into the bed, too. The tests come back, and they happen to include chromosomes and other indicators. All of the medical indicators correlate perfectly toward B having a particular sex, height, and weight. But the doctor noticed that B's drivers license disagrees on some/all of these things. The only problem is that the next step that the doctor has to take depends on one or more of those things. Perhaps it's just a dosage selection; perhaps it's an even more significant change in the course of treatment.

Suppose the doc, a private service provider, proceeds according to the authoritative document and not the measurements, and B happens to die. Is that a successful lawsuit by the estate, according to pure law brain? Suppose the doc proceeds according to the measurements and not the authoritative document, and B happens to live. Is that a successful lawsuit by B?

I'm pretty law-brained for a lot of things, but when it comes to these issues, I cannot escape the phrase, "Live not by lies." If we bake lies into the premises, the principle of explosion surely follows. It is utterly unsurprising that if we start off with baked in lies, then attempt to simply close our eyes to the entire realm of truth and try to proceed purely by law-brain, contradictions will follow.

Verily, it seems like things are proceeding about as I predicted over a year ago. I pointed out in a parent comment that the #Resisters suffer a coordination game problem, and they lack any clear object to coordinate around. There is unlikely to be a singular event that causes all of the resisting bureaucrats to all simultaneously stick their necks out to create a large conflagration where they plausibly have more resources and power that they can bring to bear than the President. Instead, when USIP tries to resist, other bureaucrats sit on the sidelines and watch, perhaps wondering what will happen to them or if they can come up with a plan on their own. But they will not rush to allocate some alternative police force to protect USIP HQ. The head of USIP basically has to decide whether he or she is going to, on his/her own, resist and refuse to let the President's political will prevail.

...but most like I predicted, if and when it comes to the point of, "We're not going to let you into the building," the President can clearly muster the raw force of boots to force the issue. There is roundable-to-zero chance that USIP's paltry security team is going to muster enough force or start shooting bullets. This just isn't the way that the war with the bureaucracy will be fought. If an agency pulls a minor stunt to not let them into the building, the President can and will have his team show up with a very minor show of force, and that will basically be the end of that form of resistance.

Of course, they will take it to the courts, and there, battles can go different ways. Different agencies have different statutes passed by Congress, and different particular legal battles may be resolved in different ways. For the most part, the primary questions are going to revolve around the judiciary, to what extent the executive complies, on what timescales, etc. We see that playing out in other domains. "Some silly bureaucrats think they can #resist by just locking the doors to the building," was never a plausible path.

Postscript. Matt Levine sometimes talks about the question of, "Who really controls a company?" Often, this comes up for him in battles between CEOs and boards, where they're like both trying to fire each other. Similarly, there are about zero successful attempts of the type "he had the keys to the building, so he locked the doors". However, he notes that sometimes, things like, "He's the only one who has the passwords to access their bank accounts," or whatever, tend to be more annoying. Sure, you can eventually go through the courts and get them to order the bank to turn control over to whoever, but banks are reluctant to take that sort of action on their own without a court involved. Obviously, situations like, "They hold the only keys to MicroStrategy's vault of Bitcoin or the encrypted vault that contains their core product," or whatever may be even more contentious. Fun to think about sometimes, but yeah, "We locked the physical doors," is basically never a viable strategy.

Nah, you have to make friends in the government first. Generally, the way this works is that you and your fellow rodent groomers get together and decide that you want to form a cartel. You can't call it that, and you can't act too overtly anti-competitively at this stage. Instead, you're just a 'trade association' that wants to promote rodent grooming. Alone, it's hard for you to have much of a marketing budget, but if you get together and each kick in a little bit, you can market occasional fade cuts for little Mickey to a much wider audience. Yes, you're not personally capturing all of the benefit of the advertising, but maybe there aren't that many of you, so you can capture enough to make it worth kicking in to the club.

At some point, everyone's kicked in enough money that you start thinking about what the most effective use of that money is. You look at the market trends, the providers involved, etc., and perhaps that money isn't best used for broad industry advertising of services. Instead, you might think that it's best to use that money to hire some professional lobbyists who waltz into the state capital, shake hands, pass around goodies, make buddies, and impress upon them that you have a group of individuals who just might happen to be thinking about where they'd like to allocate their campaign contributions. Conveniently, they also point out that there seems to be some minor problems with some shady, low-cost rodent groomers lurking in the underworld. Since your trade association really cares about the quality of the industry, you'd be more than happy to help root out the problems. All the politicians need to do is let you. It costs them nothing; you're going to do all the work of taking care of the situation. And oh by the way, you'd be very grateful, wink wink, something something, campaign contributions. It definitely doesn't hurt if you can get a couple prominent trade association members elected into office.

Then, they pass a law, promoting how they're going to rid the scourge of seedy rodent groomers, so the public can have full faith and trust that they're getting a good one. The law sets up a Board, and the qualifications for this Board are obviously that they need to be decorated and awarded by your trade association, since you're the experts in determining who is fantastically qualified. They may even directly appoint a bunch of your leadership to the Board right off. Then, you can fly, ye formerly caged bird! You can invent all sorts of barriers to entry suitable training qualifications, most of which require payment to members of your trade association. Then, you can haul randos into your kangaroo court for brushing Mickey's hair this way instead of that way, for that may look too much like a fade and constitute unlicensed rodent grooming. You now have all the power you could have wanted, directly handed to you with the authority of the policy powers of the State. Just try not to look too outlandishly anti-competitive, and make sure to heavily heavily emphasize any possible examples of an unlicensed individual doing anything that could have hurt Mickey in any way.1 You've gotta market fear now. The more scared people are of anything going wrong, the more leeway they'll give you to put in place any silly rule that will drive out any competition you might think could be useful in some way.

1 - As seen in the linked comment, it's not even really necessary that it was actually unlicensed people who caused the harm. The vast vast majority of people who were hurt by the drug that kicked off one of the whole shebangs in the medical industry had taken it under the direction of a government-licensed doctor.

From my contacts that run in Canadian circles, immigration was huge. When I went back to visit not too long ago now, it came up, unprompted by me, in almost every conversation I had. Even from people who were otherwise good lefties. You could just watch how their brain was trying to thread the needle, avoiding saying that it's outright bad, but talking about how it's "changing the culture" and surprising that when you go to Sobey's, you might (voice gets quieter) "be the only white person there, ya know? It's different." I've had other recent conversations with a family who lived in a different part of Canada, but recently moved to the states. Sure enough, immigration was the topic du jour there, too. How the neighborhoods were composed now, which ethnicities owned all the houses (and they rented from), etc.

Trudeau may only be the current face of a longer trend, but he is absolutely the face of it right now, in the moment that people are thinking about it. Perhaps they should be smarter and thinking about the longer trend, but I kinda doubt it. From the perspective of a fair number of people, it's almost as if they disappeared into a hole for COVID (longer than in the US), and when they emerged, at some point, they suddenly noticed that something had changed. That moment of realization happened during Trudeau, and that's likely what's going to stick.

The nuclear establishment is completely controlled by the feds

Don't we already have a solution for that? Nuclear sanctuary cities! Make the feds actually come use their own guns to deport your power plants.

No real comment on the efficacy of treatment programs that California mandates through Prop 47. It sounds like they're probably not very effective.

You don't need efficacy numbers, or really any reasoning at all, if you have the magical incantation of "treatment". The author tells us exactly how magical she thinks "treatment" is:

But tougher sentences don't keep fentanyl off the streets, and treatment does.

What plausible causal mechanism could be behind this sorcery? Especially since I have it on good authority, from advocates at the highest court in the land, that a person cannot go from being addicted to drugs to not being addicted to drugs.

John Cochrane opines on deficits (trade and budgetary) and tariffs

I'll start where he describes what is perhaps the most fundamental driver of cross-border investment:

For various reasons, many countries around the world including China wanted to save. For various reasons, additional domestic investment did not seem like a good idea. Chinese savers did not want even more Chinese factories. One of many reasons for this saving (more later, but it helps to make the story) is that China is aging and has little safety net, so its middle age workers want to put money aside, to withdraw when they get old. So, those savers chose to invest in the US.

This seems like a perfectly fine thing. If there are reasons that make investing in China look less attractive to retirement savers, they should look elsewhere. It would actually be a promising thing for the US if they found that investing in US businesses was comparatively attractive. He then highlights "three bedrock principles of economics":

  1. The capital and current account must add up. If the US imports more than it exports, it has to give foreigners something valuable in return. Even China doesn’t send us stuff for free. We give dollars, treasury securities, or stocks and bonds in return. And if other countries like China want to accumulate US securities, they must send us more goods and services then we send them, to get dollars they can use to buy securities.
  1. Money is a veil. Understand the underlying movement of goods and services. To understand economics, look beyond money and watch the underlying flow of real stuff. To invest in the US, other countries must put things on boats and send it here (or sell us services). One Chinese person can buy a stock from another Chinese person, but China as a whole cannot accumulate US assets without putting goods on boats (proverbially).

...

  1. The overall trade (goods and services) deficit equals the difference between savings and investment plus the government deficit [(M-X) = (I-S) + (G-T)]

Put these ideas together. What happens if other countries decide they want to save more, and invest in the US? They buy US assets, which sends up the real exchange rate.

He then squarely aims at the G term in that equation:

The US reacted to the offer by other countries to borrow from them (sell them assets) at very low interest rates, not by building factories, but going on a consumption binge. Just as Greece had done. Most of that is due to the actions of the federal government. The total trade deficit is about $1 trillion. The US budget deficit is about $1.3 trillion. All of that extra saving is going to the federal government. And the federal government is not building a trillion dollars a year of productive investment with the money. The federal government is, by and large, sending checks to its citizens to support current consumption. The federal government saw an amazing opportunity to borrow cheaply, sometimes even at negative real rates of interest. Borrow it did, and sent checks to happy voters.

The Chinese are not, it turns out, financing their retirement from the profits of a new generation of factories. They are hoping to finance their retirement from the US federal government’s willingness to tax its citizens in excess of spending, some day in the far future, in order to reverse the whole process and put stuff back on boats to send to China.

...

The foreigners in the US don’t know or really care where the resources to pay them back come from. A promise to fund Chinese retirements with US taxes is just as good to them as a promise to fund them from profitable factories.

...

We have all sorts of contrary policies against saving, against investment, and for consumption. Huge budget deficits, absorbing our and foreigners savings, are sent as checks to people likely to consume. We subsidize home mortgages. We tax savings and rates of return pretty heavily, including corporate taxes, taxes on interest, dividends and capital gains. Food stamps and agricultural subsidies encourage consumption. Our Keynesian policy establishment spent twenty years pushing extra consumption, via fiscal “stimulus,” fears of “secular stagnation,” and under multiple banners that government debt never has to be repaid.

How do tariffs play in?

Tariffs are not likely to fix any of this. If we cut off all net trade, as the current tariffs seem to aim to do, this process will have to come to an end.

But how? The US will no longer be able to finance $1.3 trillion budget deficits from foreigners, and will have to do it from domestic savings. Or, it will have to cut $1.3 trillion of spending, or raise $1.3 trillion of durable tax revenue.

I'd sum this up in going back to the fundamental equation he presented: [(M-X) = (I-S) + (G-T)]. If you want to make the left hand side of that equation go to zero, then you must make something on the right hand side change, too. My last sentence was a bit too heavy on "agency of the theoretician", as though one can simply grab one of those variables and turn it up or down. In reality, the complex interaction of transactions will necessarily bring the equation to equality, and you might not get to choose how it gets there. Policy-makers sort of get to directly tweak G and T, but they have less direct tools for I and S. I read him as saying that the LHS is about $1T and that (G-T) is about $1.3T, meaning that (I-S) is presumably about -$0.3T. So, where is that $1T change coming from? Policymakers can cut G or raise T, naturally pissing off every voter who is living high on the deficit, but they obviously don't have to. If they don't, his conclusion is that we're in for a world of change when it comes to I and S. About $1T worth of change.

He does not spell it out, but seems to assume that the natural mechanism that interacts with I and S is the interest rate.

Interest rates will spike, and that’s the point. Higher interest rates encourage domestic saving, and discourage budget deficits and corporate investment, to bring investment plus government spending back in line with savings. But the spike in interest rates require to do this would be huge. And the trade shock will cause a sharp recession, or worse, putting even more stress on the budget. A debt crisis is likely along the way as the US finds it impossible to roll over debt.

If the influx of foreign investment, which was keeping interest rates low, dries up, companies will have to look to domestic savers. But those domestic savers didn't want to save at the current interest rates! If they did, they would be! So companies (and the gov't) will have to offer higher interest rates. That will be necessary to draw American savings. At the same time, having to pay higher interest rates means that companies can't invest as easily in more speculative, longer-timeline opportunities. Note that it doesn't make sense that they're suddenly going to invest more in domestic factories; if those domestic factories were profitable at the current, lower interest rates, they'd already be doing it! Instead, they're going to invest in less. Thus, fewer jobs, less innovation, and thus, recession. That is how I read the predictions. (He also thinks that rising interest rates will hit the federal government, as well, precipitating a debt crisis.)

Cochrane has been a fiscal "hawk" for a while. The fundamental thing to him is that the government has been borrowing tons of money to subsidize American consumption. It's been doing this for a while. At some point, you've gotta find a way to pay the piper. You can try not to, but the equation will balance itself. He just thinks that forcing the LHS to zero by gov't policy creates significant difficulties along the way.

the margin between my wife and I is obvious, because we lift together. I'm aware that her max is my warmup weight

My wife might have been, shall we say, less aware of the real physical differences between men/women... before she started lifting with me. At this point, she is basically dreaming of getting her maxes up to my warmup weight. (I've been lifting a lot longer.) It didn't take that long for her to become keenly aware and realize that we have significantly different ceilings.

Lots of jokes have been made about the lifting->right wing pipeline, but there really may be something to the idea that if you do get into lifting, it is completely unavoidable, looking at concrete numbers, to realize that one particular cultural soft lie is, indeed, a lie. It's not surprising that it leads to people questioning other parts of the edifice.

Wouldn't it be awesome if we had a category for things other than "mandatory" and "banned"?

This reminds me of Matt Levine's observations on net worth calculations. Own a small business (maybe you're even the only employee) that made $200k last year? Well, we're going to assume it will continue to make $200k/yr for some number of years, do a net present value calculation, and blam, your net worth is however many million. You're a lawyer who works for The Man and makes $200k/yr? Whaddya got in the bank? That's your net worth.

I don't think it's a pure commons problem. In fact, I think it's probably just a problem that is inherent in their product, the means of monetization, and game theory of a two-sided market.

Their biggest product is the final credential. The awarded degree after a complete course of study1. But universities get paid on an annual basis. If universities could hold everything else constant, they would prefer that any given degree would take more years to complete, wringing out additional revenue from each successfully acquired customer2. Once a customer is acquired, they obviously want to retain them for as long as possible. If they could magically make the first three years of a program trivially easy, but make the fourth year so difficult that only high-quality students actually get the credential (maintaining their brand for employers), they would obviously love to do this.

...but it's a two-sided market and prospective students get to make choices, too. If they see a program with statistics such that they wring four years of tuition out of 99% of students, but only 20% survive year four and get the credential, they're gonna nope out of that. And since they can't actually just pass everyone (because that's likely to torch their credibility with employers), they have to get more sophisticated in their scheme.

The gov't requires that universities publish graduation rates, but they can hide a lot in unpublished data. This is probably what motivates the creation of "weed-out" courses. My guess is that the rest of the university's portfolio of degree offerings significantly affects when these courses happen. I took what was perhaps the most difficult STEM discipline in my undergrad uni, but they had shaped their first couple years such that they really could manage to put weed out courses in the junior year. I think this was only possible because they were confident that they could steer the vast majority of the failers into their other programs. First, they had these other programs, and they knew they were easier. Second, they already had you for three years of tuition, so they were riding high either way. They shaped their programs so that you could easily slide into one of the others while maybe only burning a semester or at most a year3. Thus, they set up the incentives so that a failer could either drop out entirely, wasting three years and a bunch of money, or agree to their suggestion to just slide into another program. If they can play this game right, they can hide this movement, preserve their stats, and get as much money as possible.

My guess is that programs that have a reasonable "fail down" pathway to other programs, but would require too much additional time (risking the stats) after conversion are likely to move their "weed-out" courses to earlier in the process (when it's less likely to burn as much time). My further guess would be that programs that have no reasonable "fail down" pathway probably just pass basically everyone (counting on employers to realize that those degrees are pretty worthless, but still trusting the signal of their other degrees).

That said, I did know at least one student who didn't get the hint, with barely passing grades. Once they persist past a certain point, then the incentives for the uni are absolutely to graduate them, and the best they can do is give them an atrocious GPA and hope that employers see that and don't hire them.

I imagine that smaller schools with a less expansive set of "fail down" options have to make somewhat different choices.

If you significantly buy a stronger version of signalling theory, there is a lens here in which large unis are primarily filtering/tracking products. On this theory, the actual course material is mostly window dressing; it's mostly a matter of just that some are more difficult and some are less difficult. Students come in, they get filtered down through the programs to their level of competence, and then the "major" on their credential basically tells employers how capable they are. It would be my dream if some economist got their hands on all this internal university data and made a model to test how much of this is real. Moreover, it would be really nifty if they could compare the quality of this filtering against things like just intake SAT or whatever.

This sort of model keeps employers happy, because they can ignore the bad degrees and hire from the good degrees; it keeps the uni's published stats up, because bad students still complete their trash-tier degrees; the only people who get screwed are the students who think they're going to get a valuable, high-tier degree, get thwacked by a weed-out course, then don't realize how the game works, succumb to the sunk cost fallacy thinking that they can still at least get a different degree, not really looking at how much more poor the employment prospects are. The cynical view would be that unis know that SAT is basically going to correlate with what programs the students get filtered down to, but they still 'over-admit' students purely for customer acquisition, trusting that they're likely to to be able to pull this one over on them.

1 - There could be reasons why this might be independent of the signalling v. educating debate. Also, I spent a little time thinking about how 'partial' products could be packaged, and it's kind of bleak at first glance.

2 - There are obviously limits to this, and it is probably a combination of historical, competition, and regulatory reasons for why almost all programs have converged on four years.

3 - Regulation is again important here. Unis generally have to publish statistics along the lines of what percentage of four-year-degree students graduate within six years, so they're happy to string them along for another year or so of tuition, so long as they get into another program and graduate before dinging the stats.

I have a vague recollection of a podcast. My Google fu isn't good enough. I think it was Conversations With Tyler. I think the guest was someone of means and a track record of disruption (Patrick Collison/Peter Thiel tier). The question came up about disrupting academia. In my continued jumble of vague recollections, the response was some form of, "We looked into it, but the academic cartel is too strong." They have piles upon piles of government subsidies. They have complete control of accreditation. I've seen, for example, a state uni system where the components also leverage control over the other components (one wanted to offer a new grad degree program, and the others cried to the state gov't to force an impossible requirement on them to "prove that there is a need", a la Certificate of Need requirements in the medical industry). If you were news-conscious around a decade ago, you saw the knives out for "for-profit universities". I'm sure there are all sorts of tactics-level games being played and tricks being employed.

They also suffer from a two-sided market. It's not enough to only convince employers; you have to convince prospective students, too. Thrown in here are difficult questions about the relative value of signaling in education. Various folks have various estimates (some quite high) for the amount of value in a degree simply being that the institution chose you and put their stamp on you, because they were able to choose from the best. If there is a significant amount of that, then the students might not actually care all that much whether you're really offering a better education; you just need to offer a better signal. If you're trying to recruit a top-crust student, you have to realize that all of the legacy institutions are already offering them a full ride (maybe even perks hidden as lifestyle amenities) and a time-proven signal. You have to compete with that... somehow. You have to do both these things... simultaneously convince prospective students and employers, because if you don't do both simultaneously, the group that was falsely convinced will quickly realize that they were duped and stop (either top students realize that you haven't convinced employers already and will stop enrolling or top employers realize that you haven't convinced students already and will stop hiring).

@zeke5123a has a plausible idea of just paying students. But again, you're looking for top students; they're already effectively getting paid by the legacy unis. So, you're going to have to front significant cash. Since you can't subsidize this with the donations of wealthy aristocratic alumni, high tuition from a lesser tier student (since this will immediately devalue your budding brand), and piles of government assistance is likely not forthcoming, you will have to burn significant piles of cash for probably a significant number of years before you can start to turn the tide back to even breaking even.

If you're thinking that you could maybe you could stem the bleed by doing the typical thing of having your faculty also chase research grant money, you now have a three-sided market. How many academics out there can stomach the grant-chasing life, succeed at it, and also buy in to give the high levels of effort you're going to require to have super high educational standards? When you find one, they're going to be expensive, because they do just half that work for plenty of money and near infinite job security at a legacy.

Where along the way do you make sure you don't slip into the same mode of operation as the legacies, since you sure seem to be playing their same game now, just without the entrenched endowments? What's your mechanism to ensure that?

I wouldn't be surprised if whoever I vaguely recall on a podcast already went through this exercise. I wouldn't be surprised if they already tried to make an estimate of how much top students are already being effectively paid by legacies. I wouldn't be surprised if, with some reasonable assumptions on how long it would take to build the brand in both directions so that you could start to stop the bleeding, they just computed that it would just be an unreasonable pile of money.

The Thiel Fellowship seems to be an attempt that embraces a reasonably strong prior on the signaling theory, which allowed them to at least just give up on the educating part of the huge pile of money. $100k over two years, and starting with 20-30 students. That's with the Thiel Brand discount and no overt plan for how to turn it from a $2-3M/yr charity project into a revenue-neutral competitor to academia with any sort of scale.

This is not to say that they cannot be disrupted, but the challenge is pretty steep.

Chinese Asset in NY State Government

Linda Sun was born in China, moved to the US with her parents at the age of five, and later became a US citizen. She rose up to become the Deputy Chief of Staff for the governor. I know plenty of folks who maintain dual citizenship with other countries, but I don't know how serious the USG was/is about making Chinese nationals "really" renounce their Chinese citizenship in order to become US citizens, nor do I have any idea if Sun did/did not.

She was a subject of interest starting in at least 2020, when she was interviewed by the FBI about her trip to China. While not knowing whether she's categorized a dual citizen (which I do know, for many purposes, the security apparatus of the USG treats as synonymous with "foreign national" for many purposes) or simply a former Chinese citizen with Chinese heritage, I also don't know what the state of these sorts of FBI inquiries are. Have they become a more routine/random matter, where they just occasionally drag some folks in this category in to question them and see if anything comes up? Or did they already have some reason to be suspicious of her in 2020? Her recent indictment acting as a foreign agent, visa fraud, alien smuggling, and money laundering conspiracy includes events going back to 2015 (quite a few in the 2018-2019 years), but it's not clear at what point the FBI or anyone else became aware of any of them or to what extent they motivated the 2020 interview. NYT describes it as "questions were repeatedly raised".

This took years and a significant quantity of behavior bubbling up to get to the point where she was finally fired (March 2023). I can't currently find any details of the firing, but the NY governor's press secretary said that she was fired for "misconduct". Another year and a half, and we got an indictment. This may all be a very plausible timeline for how these sorts of things generally go.

So. Paul Manafort. He joined Donald Trump's campaign in March 2016 (when they were likely scrambling to get any sort of organization going), was promoted to campaign manager three months later in June, then fired two months after that in August, essentially immediately after Trump received his first security briefing.

To this day, there are still people (some even in TheMotte) who think that Paul Manafort is the smoking gun of Trump's culpability with Russia. That Trump obviously must be guilty for having that guy on his campaign. That it proves that "Trump's campaign" was working with Russia, and that it's Trump's personal fault.

On the other side, I personally believe that Paul Manafort and his Russian collaborators made a victim out of Donald Trump, and I can remain perfectly consistent in saying that I think that Linda Sun and her Chinese collaborators made a victim out of the NYS governments that employed her.

I think someone could make a plausible argument that both Trump and specific folks in the NYS gov't were culpable, though I probably would be pretty skeptical; as I said, I think the timeline in the Sun case is plausibly fine. But I would need an absolutely phenominal argument to support the proposition that Trump was personally culpable for Manafort, but that individuals in the NYS government were not culpable for Sun... otherwise, frankly, I would have to chalk such a position up to pure partisanship.

Eh, from today's Short Circuit:

Allegation: Colorado middle-school teacher invites student—who has never questioned her own gender identity—to an after-school art club. Student is surprised to arrive at what is actually a Gender and Sexualities Alliance meeting, where she is told that students who are uncomfortable with their bodies are more likely to be trans and is encouraged to come out as trans, which she does. Although the guest speaker warned students that it might not be safe to tell their parents about the meeting, she does. The parents sue the school district and its board of education, alleging violations of their parental substantive-due-process rights. Tenth Circuit: We're not sure what the scope of parental SDP rights are, but it doesn't matter because this wasn't official district policy.

Reading through the factual background in the opinion, I could see this stuff being a pet project of a teacher (and apparently a substitute teacher), just with the district administration providing cover for them. My sense is that all of the university teaching programs have been captured by folks who teach all the new teachers that the most important part of being a teacher is being an activist.

@jeroboam (Not at'ing you, bro. Just want to give props for a good comment.)

In 1913, the federal budget was only about 2-3% of GDP. It was funded almost entirely by tariffs.

Today, the federal budget is about 25% of GDP, funded mostly by taxes of individuals.

I missed this comment the first time 'round, and it's a great reminder of the scale of things. I'd like to add another observation. 75% of that current spending is the big entitlements (SS,Medicare,Health,Income Security) and interest on the debt, all things that were adopted post-WWI, which explains the lion's share of what is now a completely different beast of a federal government. If you killed everything other than current defense spending, you're still at 3.5% of GDP. This beast is not something that you can trim around the edges, maybe find some fraud or waste here and there, maybe fire a few bureaucrats, and call it a day. It's something completely different. It's not even about the government actively doing stuff for the most part. For the most part, it's just taking your money, putting it under some shells, mixing it around (sneaking a little out the back for the host), and giving it back to either you or other people who they prefer.

Apple has yet again betrayed the fact that "it's not technically feasible" is bullshit when it comes to government access

They said it concerning device access, and that was a lie. They said it concerning private cloud compute, and that was a lie. Hell, they said it concerning even the conceivability of secure backdoors, and that was probably a lie, too (not even getting into the fact that they definitely already have magic numbers that can overtly tell your phone to execute arbitrary code).

Apple has now introduced Enhanced Visual Search, technomagic which whizzes your photos (even the ones not in iCloud) off to Apple servers, using all sorts of mathematical goodies like homomorphic encryption to keep them private while allowing them to tag said photos with labels like, "What is this landmark in this photo?" It would be strictly easier to design a system that looks for stuff like child porn and alerts them.

Yes yes, you will rapidly object. False positives, false negatives. I grok filtering theory. Who will have the authority to do what with the information? Sure sure. Who will have to maintain the databases or filters that look for it? Yup, I hear ya. Those are not technical objections. Those are process objections.

I have never supported having the government involved in any of these things. I understand the significant nature of the tradeoffs at the societal level. But I have routinely said that the cry of, "This is just technologically/mathematically impossible," is total bullshit. It's just not true. Several other influential voices in the tech privacy world are coming around sort of slowly to this. They're seeing the deployment of these systems and saying how they're taken aback. How, well damn, if you can do that, then you probably can do this other stuff. But of course, doing the other stuff seems socially problematic, so they don't know how to feel.

It's actually easy to know how to feel. Just drop the lie that these sorts of things are technologically impossible. They are possible. But there are process tradeoffs and there are potentially huge liberty concerns that you can focus on. The more you continue to try to push the Noble Lie, the more likely you're just going to harm your own credibility in the long-term. Better to fight on the grounds of true facts with, "We don't want it," win or lose, than to prepare the grounds for a complete credibility crisis, such that when the time comes, no one is able to responsibly push back.

Facebook messenger? That sounds like some niche service that you want me to get to contact you. Don't you have, like, SMS on your phone?

at any reasonable wage

How high have you tried?

The news is atwitter with talk of an EO on birthright citizenship. It's supposed to be signed today. I haven't seen a draft text yet, so part of this is so that I hopefully get a red notification when someone sees it and can link it here. The other part is to look back to my long long ago comment at the old old old place, with slight modification, since I'm pulling it out of the context of a conversation. The background is that the case that everyone points to concerning birthright citizenship is Wong Kim Ark. It's messy, because Constitutional law is very weird and particular when it comes to Indian tribes (now usually called "native", but at the time, they were called Indian, so I'm not going to bother going and replacing it out of some modern PC-ness). The Indian tribes were considered "separate sovereigns" at the time, which extra muddies the historical water, and that was the backdrop for a fair amount of their comparative analysis.

I know it's annoying, but I'm in single blockquotes; quoting opinions is in double blockquotes, and opinions quoting other opinions is in triple block quote:

[One can] call separate sovereignty a legal fiction that was discarded by statute (though I really don’t think that’s entirely the case, given the steady stream of Court cases on the matter; just the citizenship question was discarded), but this does have import nonetheless for the meaning of 14A. In fact, Wong Kim Ark specifically called this out as a particular category, but basically just to say, “Indians are weird, yo.” They discussed SCOTUS precedent on Indians:

The only adjudication that has been made by this court upon the meaning of the clause, “and subject to the jurisdiction thereof,” in the leading provision of the Fourteenth Amendment is Elk v. Wilkins, in which it was decided that an Indian born a member of one of the Indian tribes within the United States, which still existed and was recognized as an Indian tribe by the United States, who had voluntarily separated himself from his tribe and taken up his residence among the white citizens of a State but who did not appear to have been naturalized, or taxed, or in any way recognized or treated as a citizen either by the United States or by the State, was not a citizen of the United States, as a “person born in the United States and subject to the jurisdiction thereof” within the meaning of the clause in question.

That decision was placed upon the grounds that the meaning of those words was

“not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance;”

that, by the Constitution, as originally established, “Indians not taxed” were excluded from the persons according to whose numbers representatives in Congress and direct taxes were apportioned among the several States, and Congress was empowered to regulate commerce not only “with foreign nations” and among the several States, but “with the Indian tribes;” that the Indian tribes, being within the territorial limits of the United States, were not, strictly speaking, foreign States, but were alien nations, distinct political communities, the members of which owed immediate allegiance to their several tribes and were not part of the people of the United States; that the alien and dependent condition of the members of one of those tribes could not be put off at their own will without the action or assent of the United States, and that they were never deemed citizens except when naturalized, collectively or individually, under explicit provisions of a treaty, or of an act of Congress; and therefore that

“Indians born within the territorial limits of the United States, members of, and owing immediate allegiance to, one of the Indian tribes (an alien, though dependent, power), although in a geographical sense born in the United States, are no more ‘born in the United States, and subject to the jurisdiction thereof’ within the meaning of the first section of the Fourteenth Amendment than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States of ambassadors or other public ministers of foreign nations.”

And it was observed that the language used in defining citizenship in the first section of the Civil Rights Act of 1866, by the very Congress which framed the Fourteenth Amendment, was “all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed.”

Then, they discuss the dissent in Elk v. Wilkins, which they half seem to quote in favor of their expansive reading of jus soli and half say, “Ah, but Elk v. Wilkins was just about Indians, and they’re weird, so they don’t matter.” (Note: the dissent in question was written by Justice Harlan, who signed onto the dissent in Wong Kim Ark, too.) Ultimately, they just kind of move on and drag along an extra exception:

The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. [emphasis added]

In sum, it’s really not as simple as, “You can be detained, therefore you’re ‘subject to the jurisdiction thereof’.” In fact, it’s very messy. John Elk was born on a reservation, but the case had approximately nothing to do with physical location. I’m not sure that anyone would think that it would have come out differently if his parents had left the reservation briefly to, say, have his birth in a particular hospital. Further, in his adult life, he surely could be arrested by State authorities. It was entirely about political allegiance. And much of Wong Kim Ark discusses political allegiance, as well. AFAICT, the rule they embraced was, “Political allegiance has something to do with it, but we think that the only cases that are clear are foreign ministers (not consuls, though, in yet another strange nod to the type of criminal jurisdiction that you were referring to) and invaders… oh, and Indians are weird, yo.” Were there reasons for the court to think that the case in front of them should not be excepted? They cite The Schooner Exchange v. M’Faddon:

The reasons for not allowing to other aliens exemption “from the jurisdiction of the country in which they are found” were stated as follows:

When private individuals of one nation spread themselves through another as business or caprice may direct, mingling indiscriminately with the inhabitants of that other, or when merchant vessels enter for the purposes of trade, it would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction and the government to degradation, if such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the country. Nor can the foreign sovereign have any motive for wishing such exemption. His subjects thus passing into foreign counties are not employed by him, nor are they engaged in national pursuits. Consequently there are powerful motives for not exempting persons of this description from the jurisdiction of the country in which they are found, and no one motive for requiring it. The implied license, therefore, under which they enter can never be construed to grant such exemption.

In short, the judgment in the case of The Exchange declared, as incontrovertible principles, that the jurisdiction of every nation within its own territory is exclusive and absolute, and is susceptible of no limitation not imposed by the nation itself; that all exceptions to its full and absolute territorial jurisdiction must be traced up to its own consent, express or implied; that, upon its consent to cede, or to waive the exercise of, a part of its territorial jurisdiction rest the exemptions from that jurisdiction of foreign sovereigns or their armies entering its territory with its permission, and of their foreign ministers and public ships of war, and that the implied license under which private individuals of another nation enter the territory and mingle indiscriminately with its inhabitants for purposes of business or pleasure can never be construed to grant to them an exemption from the jurisdiction of the country in which they are found.

You can start to see how there might be room here. There’s still a linkage between jurisdiction and allegiance, but it’s not entirely clear how it operates in all cases. They’re imputing a temporary allegiance to common travelers, but even this stems from “the implied license under which they enter”. It’s squishy. There are indicators that go the other way, too.

Further, I should note that the majority opinion was clear about the fact that they were engaging in a common law approach to this question (while taking some guidance from the above-quoted statute using the language “not subject to any foreign power”). There’s a lot of squishy room here, which is why folks ... are trying to make the comparison with invaders – he’s essentially saying, “We recognized two cases that were clearly problematic from the perspective of political allegiance; I think this a third.” And I’m not sure that there’s any super knockdown legal argument against that. In fact, if faced with a statute saying, “Illegal aliens are on this side of the political allegiance line,” rather than engaging purely in a common law exercise, I’m not sure how the Wong Kim Ark Court goes. (They had a statute saying that he couldn’t be naturalized, but that’s clearly different.)

A mere executive order may not be enough. I'm sure folks are furiously looking into statutes to figure out if there is anything stronger somewhere that can be played against an EO. I'm sure the details of the text of a forthcoming EO will matter a lot. But I really wonder how this argument is going to go and if Trump will have someone (like Jonathan Mitchell) who can get steeped enough in this legal niche to put together an argument along these lines. Just because the oral argument at SCOTUS would be divine. If they can actually dig all the way down to The Exchange in order to say that black letter precedent actually only covers folks who had an "implied license" when they entered. They could argue that if you were here legally, under an implied license, even just a tourist visa, then yes, your child born on US soil is a US citizen... but if you entered illegally, with no implied license whatsoever, then you simply don't make the cut.

I have little dog in the fight for which way SCOTUS comes out; there are tradeoffs either way. I just really really want these mushy Consitutional issues brought to light. I want it to be clear how mushy it is, and for SCOTUS to do the work of digging all the way back into the depths of the mush in order to say something now. They might hack it together and skim over the top, but ya know what? I almost wouldn't even care. If the argument is even just made, brought to the fore, it would be wild and exciting for a Constitutional law nerd. I would absolutely prefer a statute, just because it gives fewer possible procedural outs and makes it more likely that they have to dig deep into the history (not because I actually want such a statute to be law), but even with just an EO, mayyyyyybe there's a chance?

If I had a point, which I'm not sure I did, it would be that how you view it turns on other politics. How many people who are screaming about how they want the gov't (Medicare) to "negotiate drug prices", presumably making them cheaper and pulling profits out of drug companies, are going to call these rebates "corruption"? ...can they do so with a straight face, when Medicare plans were getting the biggest rebates of them all? How many people viewed all doctor prescriptions (and their charges for their own services) as sacrosanct, with any gatekeeping by insurance companies being evil, and will now be dissembling that these doctor prescriptions totally need gatekeeping, because doctors are apparently dumb and bad? How many people who would be crying, "Legalize all drugs!" with arguments about how important it is to have quality-controlled pharmaceuticals available are going to say that Purdue actually was "Good Guy Pharmaceutical Company", just fighting for the cause of reducing fentanyl deaths by taking the hit in profits to get their product in the market?

The whole industry is an awful mess, with kludge upon kludge, and many folks can't even figure out what they want from a system. They're easily swayed by framing, and so "negotiation" becomes "corruption" if it's framed that way; doctors are sacred and we need to stop insurance from getting in their way or they're dumb and need gatekeeping depending on how it's framed, etc. The lack of a clear vision and susceptibility to framing makes the whole thing prime for more kludges promising to be fixes, more unintended consequences from a lack of clear purpose in the heaping of regulation upon regulation. (I didn't even mention the confounding factor of people wanting to use it to transfer incomes or the sheer constitutional (little c) inability of folks to allow people to make choices with prices.) It lets anyone be the temporary Bad Guy in the fervor for the latest Current Thing. We broke it, now we've clearly bought it, with no bloody clue what to do with it. So the best thing people can do is try to part it out in favor of their political goal of the minute.

when they are incorrect

This simply pushes the problem to the question of, "When are they correct/incorrect?" The silly version of this is that my driver's license has height on it. Suppose that for Person A, there was a genuine flubbing, a fat fingering. Their height was listed wrong. Presumably, they could request to have it changed on the document. On the other hand, Person B thinks that he's gotta be 6' tall for the dating apps, which in the future year of verified identity for everything, actually take in your driver's license information and use that in the algorithm. So, Person B waltzes into the DMV and says, "Well, obviously, you have a general process for updating these documents, so you need to list me as 6' tall." What should the government do when ye olde yardstick begs to differ?