Tuesday, November 22, 2011

A Historical Example of Blowback: America, Iran, and How Operation Ajax Changed the World

The Clover Helix
www.thecloverhelix.blogspot.com
Tuesday, November 22, 2011

Official diplomatic relations between the U.S. and Persia (later renamed "Iran" in 1935) have existed since 1856 when the Shah, Naser al-Din Shah Qajar, sent an ambassador to Washington D.C. to initiate what became a period of almost 100 years of peaceful trade and mutual respect. Persia was anxious to modernize itself and liberalize her industrial and agricultural policies in an effort to ween herself peacefully from the scourge of British and Russian colonialism. Persia's leaders chose to follow the free market experiment that had become very successful in the United States. The United States, whose own origins were rooted in the rejection of British colonialism and acceptance of individual freedom, was becoming the largest economy in the world and had won the admiration of much of the Middle East for its successful rise (which, unlike the European powers, had occurred without colonial expansion). Like-minded Persian traders were eager to sell their goods into U.S. markets and imported American goods were used to raise the living conditions of Persia's rising middle class. American companies competed to build railways, educators founded secondary schools in Tehran, and American missionaries criss-crossed the country in an effort to spread Christianity. By 1906, Persia's cries for liberalization had reached a crescendo and a Constitutional Revolution erupted which swept in new reforms such as freedom of the press, equal rights before the law, and guarantees that all individuals (including foreigners) were to be safeguarded with respect to their lives, property, homes, and honor, from every kind of interference. The American influence on this constitution is undeniable. During this period of newly created constitutional monarchy, ties between the U.S. and Iran had grown so close that American lawyer, William Morgan Shuster, was appointed as the treasurer-general of Persia by the Persian parliament. The Russians, who resented Shuster's unapologetic pro-Persian presence and his open support for further constitutional reforms, occupied northern Iran in 1911 after the parliament refused to expel him. If there were two nations destined to be friendly with one another, it was the U.S. and Iran. So how is it that we come to this current situation of open hostility?

Shuster and other American officials are pictured above at Atabak Palace in 1911. Shuster is in the front row, third from the left

"[I]t was obvious that the people of Persia deserve much better than what they are getting, that they wanted us to succeed, but it was the British and the Russians who were determined not to let us succeed" William M. Shuster wrote in his book, The Strangling of Persia. Therefore, it is likely no surprise that America's political differences with Iran today stem from this era of financial and political colonialism. After Russia's Red Revolution of 1917, Britain sought to remove Russian forces from Persia in the name of halting Bolshevik expansionism and protecting its Imperial possessions in India. British efforts reached fruition with the Iranian coup of 1921 which culminated with the removal of the very inept monarch, Ahmad Shah Qajar, and installed the Pahlavi dynasty of Shahs, beginning with Reza Shah in 1925. During this time, the British monopolists controlled Persia's oil industry and dominated Iranian politics through military and financial coercion. Reza Shah became very nervous about British influence in national policy and began courting many of Britain's economic competitors. America, perceived by Iranians to be neutral in their disputes with Britain, forged new political and economic ties with Washington D.C. as Reza Shah pushed for even greater liberalization of the increasingly pro-American Iranian economy. Again, an American, Arthur Chester Millspaugh, was appointed as Administrator-General of Finances of Iran. Dr. Millspaugh was able to balance Iran's budget and get her financial books in order. During this time, Iran also acquired the right to issue its own currency from the British, largely at the urging of American advisors.

Iran also forged close diplomatic ties with Fascist Italy and Nazi Germany during this time in an effort to balance out British and Russian political influences. At the breakout of World War II, Germany was, by far, Iran's largest trading partner. During the war, it had become clear that Reza Shah, unsurprisingly, was sympathetic with the Germans against the Russians and British who had been meddling in Persia's internal affairs for hundreds of years. However, Reza Shah pronounced that Iran would remain neutral, just as the U.S. did, in the rapidly expanding war. The British and Russians, who found themselves as unlikely allies against Germany, sought to establish a supply line across neutral Iran and seize the oil fields. When the Iranian government rejected the Anglo-Russian request to use the Trans-Iranian railway as a supply route, they invaded Iran in August, 1941 and rapidly established the Persian Corridor. The British then forced Reza Shah to abdicate the throne in favor of his son, Mohammad Rezā Shāh Pahlavi, who would rule Iran until 1979. Under Mohammad Reza Shah, Iran declared war against Germany in 1943, the political motives for this being obvious. After the war, Allied troops left Iran and the Constitutional Monarchy was permitted to operate autonomously.

During World War II, the Soviet "allies" who occupied Iran established the communist Tudeh Party. After the war, the party grew rapidly inside Iran paralleling communist movements inside China, Korea, Indochina, and Eastern Europe. By the late 1940's the American CIA began clandestine propaganda efforts to disrupt the Tudeh Party, but by the early 1950's the party was hosting rallies with thousands in attendance. Though they had demanded many socialist reforms, the most relevant issue became the nationalization of Iran's oil fields. In 1933, Iran, then under Reza Shah, had signed a 60-year lease agreement with British-owned Anglo-Persian Oil Company (now called British Petroleum) which distributed approximately 20% of the net oil field profits to the treasury of Iran. The Iranians hated that deal from the start. Exacerbating the issue in 1950, word of a 50-50 agreement between American-owned Arabian American Oil Company and Saudi Arabia reached Iran, eliciting anger at the government and sympathy for the Tudeh Party which sought immediate oil field nationalization. By March, 1951 it had become clear that the British were not going to renegotiate the lease agreement, so the Iranian parliament voted to nationalize the Anglo-Persian (Iranian) Oil Company and all of its holdings. In April, 1951 under the terms of the national constitution, Mohammad Mosaddegh was democratically elected as Prime Minister of Iran to execute the plan for nationalization.

The response from the British was immediate: all Iranian oil was to be embargoed on International markets until the oilfields were restored. By August 1951, British warships were blockading Adaban, the largest oil refinery, and threatened to seize any Iranian oil shipments as stolen property. They also cut off shipments of sugar and steel to Iran and froze Iran's currency assets in Britain. Hawkish British lawmakers began pushing for an invasion of Iran to seize the oilfields.

Iran and Britain's mutual friend and ally, the United States, opposed intervention, especially militarily, but chose to honor Britain's embargo while tacitly supporting Iran in their dispute with the British oil monopoly. President Truman pressured the two nations to settle through the International Court of Justice where Iran eventually prevailed. The turning point came when Winston Churchill decided to "remind" Truman that if he needed British help in the Korean War which was then raging then he expected Anglo-American unity on Iran. He also tried to exploit America's sweeping paranoia brought about by the second Red Scare. As such, the decision by the International Court of Justice was rejected by the British and pressure began to grow on the U.S. to deal with this new communist "threat". The U.S. desperately wanted to keep Iran in the western sphere of influence considering its vast oil reserves, long strategic border with the Soviet Union, and close political ties.

Under the embargo, Iran's oil infrastructure began to deteriorate rapidly and joblessness began to destroy the economy. In spite of this Prime Minister Mosaddegh was viewed as a hero by most Iranians in his fight against the British oil trust. A referendum to dissolve parliament and empower Prime Minister Mosaddegh to be able to make laws was passed 2,043,300 votes to 1,300 votes against. The referendum result was short-lived. Nine days later, Mosaddegh was removed by a coup d'état that would eventually see the Shah, who had been briefly in exile, elevated to authoritarian levels of power.

Former Nazi General Fazlollah Zahedi (left) and Mohammad Rezā Shāh Pahlavi (right), Shah of Iran from 1941 until his fall in 1979. Photo taken in 1955.

Forced to chose between its strategic allies Britain and Iran, America eventually fell on the side of Britain. Operation Ajax was secretly orchestrated by the Eisenhower administration to overthrow Mohammad Mosaddegh, stop the expansion of communists in the Iranian government, and to stop the nationalization of the oil industry. Using the American Embassy as their base of operations, the CIA bribed politicians, diplomats, and street thugs to violently protest against Mosaddegh and then arrest him. The CIA then installed its own prime minister, General Fazlollah Zahedi. General Zahedi, who served as a central part of the operation, was a former Nazi who had been imprisoned for plotting the overthrow of the Constitutional Monarchy during World War II. He and several other former Nazis were later awarded high-ranking government posts in the areas of propaganda and oil services under the Shah. General Fazlollah would end his public career as Iran's Ambassador to the United Nations. In return for American help, the British agreed to break up the Iranian oil monopoly and allow foreign, especially American, oil companies to operate in Iran. They also agreed to supply Iran with a 25% contribution of oil revenues, an amount that was still half of what the Saudis were receiving.

The damage done to the international reputation of the United States amongst Middle Eastern nations was massive. The United States, long viewed as a political counterweight to British and Russian colonialism, was now seen as an enemy of Iranian Democracy and puppet supporter of the British Imperialism. The Shah, now armed with nearly limitless powers and western backing, disregarded the Iranian constitution and engaged in a ruthless campaign to destroy political dissent. Every abuse of power would be accounted to the Americans whom Iran had once looked to for friendship. If even the U.S. was not to be trusted, their clerics reasoned, then it was because it was the nature of western infidels to be untrustworthy. The Persian clerics were willingly ignorant that the American public also knew nothing of the CIA's role in Operation Ajax. Seeking moral answers in this worsening political and economic environment, the people of Iran began a period of religious radicalization that eventually led to the events of 1979.

By January 1979, the people of Iran had become so frustrated with the excesses and hubris of the Shah that he would be forced to flee from Iran, forever. President Jimmy Carter decided not to take the advice of the American Embassy in Tehran who requested that the Shah not be granted entrance to the United States; rather they advised he be returned to Iran to face charges of corruption. At the request of David Rockefeller and Henry Kissinger, President Carter reluctantly decided to admit the Shah on humanitarian grounds (the Shah was seeking treatment for cancer) and he was briefly admitted to a New York hospital. Convinced that America would try and reimpose the Shah on the country as had occurred in 1953, students stormed the American Embassy and took 52 American hostages on November 4, 1979. "You have no right to complain, because you took our whole country hostage in 1953” they said to the captured Americans. An ill-fated rescue attempt by the Carter administration resulted in the deaths of eight American servicemen. This further enflamed the Iranian public against the Carter administration. In 1980, in the midst of the hostage crisis, the Shah died of cancer in Egypt. The students, now equally as angry with Carter as the Shah, released the hostages just minutes after the swearing-in ceremony of President Ronald Reagan. The entire hostage ordeal lasted 444 days. However, the damage on Iran's side had been done.

Blindfolded American hostage in Iran, 1980. Images like this were omnipresent in western media for many years after the event had ended.

Whenever we read about modern strains in American-Iranian relations, the taking of the hostages in Tehran is almost always cited and the event has continued to spark American outrage ever since. But rarely do we ever hear mention of the 1953 overthrow and the 26 years of despotic rule at the hands of the Shah and former Nazis, or of the CIA's involvement therein. Nor do we ever hear about the 10 months that the American Embassy operated in Tehran during the Islamic Revolution until the Shah was admitted into New York.

Today, some of the hostage takers are leaders in Iran's theocratic republic. But are these leaders any worse than the Nazis and despots we saddled them with in 1953 in America's blind support of British colonialism? Are we making the same blunders in our blind support for Israel's foreign policy? Today, the CIA would say no and yes, respectively.

Operation Ajax and the taking of the hostages in Tehran are inexorably linked to one another in history. In the meantime, Iran and America, former friends in liberty and mutual respect, continue to build additional cases for going to war with each other.

If there is a clearer example of blowback in American history, then I haven't found it.

Monday, October 24, 2011

Do Big Corporations Hoard Money or is this yet another Keynesian Fallacy?

The Clover Helix
www.thecloverhelix.blogspot.com
Monday, October 24, 2011

The economy is in the trash, government budget deficits are exploding, and unemployment is at multi-decade highs. This isn't some doomsday scenario, this is today's realty in America. All the while, America's biggest corporations, as represented by the S&P 500, are "hoarding" over $1.6 trillion and are "refusing" to hire new workers. The fix? Find a way to force these corporations to dishoard these huge balances and get them to allocate it to hiring workers. New workers will buy goods and pay taxes, which in turn will reduce the budget deficit and promote even more hiring and economic growth. That's the theory at least, but is it correct? The answer may surprise you.

It is the primary duty of businesses to operate in the best interest of their investors and to treat their profits accordingly. In some cases, a business may elect to pay out the accumulated profits in the form of dividends. However, dividends are taxed at both the corporate and individual level resulting in an insidious double tax that is born by the shareholder. To avoid this double tax, a business may choose to hold onto its profits and reinvest them back into itself. In this manner the shareholder may benefit via a higher stock price that, when sold, are taxed at more favorable capital gain tax rates. It is not surprising then that even the largest dividend paying firms will still hold onto some of their profits for future expansion. During an expanding economy, this profit reinvestment fuels their growing workforces in an effort to compete in the global market. However, during a period of economic contraction like we are currently experiencing, businesses are more likely to avoid hiring in anticipation of lower future profitability. Lower profitability makes it harder for a company to increase its share price or borrow money to fund expansion. If these businesses don't distribute large dividends, then the profits are held on the corporate balance sheet in a defensive manner until economic conditions improve. This is what most annoys almost all Keynesian economists, that the cost of corporate "hoarding" appears to be born by the growing ranks of the unemployed. The typical Keynesian solution is to use government spending to bridge the hole left by these "hoarders" which is why they argue for increased budget deficits to get us out of the economic rut. But is this the fault of private sector?

The question that Keynesians have failed to ask is what actually happened to the money the corporations were "hoarding". Keeping hundreds of millions, even billions, of dollars in physical cash and coins in a hidden vault at the corporate headquarters is what hoarding would truly be, but this is never observed because management of this vault would be monumental. Rather, most people would guess that they keep that money on deposit at a major bank. In truth, most major firms would avoid doing this with the bulk of their money because bank deposits are only guaranteed by the FDIC up to $250,000. If a bank fails, then companies that have very large deposits with them could also be wiped out (this is called counter-party risk). Therefore, most large corporations do not hold their money in bank deposits. If banks aren't safe for giant deposits and they don't hold physical cash, then where else would they put this "hoarded" money? The answer: risk-free government treasury bonds and short-term money markets backed by government guarantees (i.e. the Treasury Department's printing press).

So the money isn't being hoarded at all, rather it's been used to service the expansion and rolling over of government debt (which explains Paul Krugman's problem of why interest rates can be so low while the government continues to spend in unprecedented amounts). When corporations (or individuals for that matter) buy government debt, they are transferring their money to the U.S. Treasury in return for government IOUs. These bonds can have either very short maturity dates or be sold by the companies again to raise cash when the economy recovers. In the mean time the "hoarded" money is left in the government's hands. This helps the government in two obvious ways. First, it lowers interest rates so the government bears a lower interest cost. Secondly, it provides the government with money to spend on government programs and stimulus. However, the ability of the government to borrow money and stimulate the economy has been dealt with in a previous article (click here). In effect, the "hoarded" money has been transferred to those who would most desire to see it used for government spending, therefore the problem of growing unemployment lies with the government and their economists, not with the corporations who are waiting for the economy to settle before they jump back in.

This high unemployment rate is therefore a failure of government, not of free markets. Exploding deficits won't help and neither will taxing the rich who have already lent almost all of their money to the government. That the answer lies in reducing government debt to cure the economy may seem counter-intuitiuve, but that's exactly what the government did to stop the Depression of 1920-1921 which was much deeper and harsher than the current economic slump, but also lasted only 18 months. In the absence of a government bond market, corporations are forced to allocate their capital to the productive portion of the economy which brings about research, development, and larger workforces.

Saturday, July 24, 2010

America's Youth is Beginning a New Enlightenment

This fantastic speech was given by the high school valedictorian at her high school graduation (click here for link). America's youth is beginning to stir from a century-long slumber. The sooner, the better!

Friday, May 28, 2010

Tom Campbell Supports HR 1207, Audit the Fed Bill

The Clover Helix
www.thecloverhelix.blogspot.com
Friday, May 28, 2010

I received the following e-mail from Tom Campbell regarding HR 1207, Audit the Fed Bill:

I have long supported an audit of the Federal Reserve. When I was in Congress, I was an original co-sponsor of Congressman Ron Paul's bill to do that. Please feel free to check with him about my consistent support on this issue.

Again, thank you for contacting me. If you haven’t already, I would like to invite you to visit my website at www.campbell.org where you can find my position statements under the “Issues” tab on my homepage.

Kindly,

Tom

Monday, May 24, 2010

America Has Forgotten Its Jeffersonian Roots: The Principles of Rand Paul

The Clover Helix
www.thecloverhelix.blogspot.com
Monday, May 24, 2010

“I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered together at the White House with the possible exception of when Thomas Jefferson dined alone." John F. Kennedy, Describing a dinner for Nobel Prize winners, 1962

It is well known that Thomas Jefferson believed in small government principles and put a premium on the natural, or inalienable, rights of the individual. Jefferson explicitly expressed these views in the Declaration of Independence and in many of his other writings. He believed that the United States should keep federal regulation and taxation to a minimum because these hindered the natural right of the individual to enjoy the fruits of their labor. Jefferson was a classical libertarian thinker in every sense of the word. As such, he vehemently opposed centralized economic and social planning in all levels of government which kept him at odds with his political opponent and Federalist Party founder, Alexander Hamilton. Hamilton believed in a large, powerful central government complete with a central bank and wasn't opposed to finding constitutional loopholes to achieve a political or social goal.

In many ways, libertarian views on government were destroyed by the American Civil War as the Hamiltonian North had defeated the Jeffersonian South. The modern belief by many that the war was fought to counter slavery is a false view as can be easily documented by the writings of the southerners who ceceded and the northerners who opposed them, though the ending of slavery in America was one of the positive outcomes. Rather, the war was executed to settle the philosophical conflict between Jefferson and Hamilton that America hed inherited from the revolution, and in 1865 the Hamiltonians prevailed mililitarily. By the end of World War II, the last vestiges of Jefferson's America were swept away.

After the Civil War, the American political system then evolved into opposing Hamiltonian views that persist in the modern Democratic and Republican parties. Both modern parties advocate social and economic policies that are centered on a massive Federal government with the rights of the States and the individual citizen subordinated. Such a political system would be anathema to Jefferson who believed that government existed in opposition to freedom. Though the Democrats were founded by Jefferson, they no longer support any of the positions for which he advocated and have virtually no intellectual ties to him.

Though libertarianism has survived in many intellectual spheres, most notably economics (e.g., Ludwig von Mises, Friedrich von Hayek, and many others), it has foundered in politics. Jefferson's views would seem extreme to most Americans today, probably just as they sounded extreme to the ears of Alexander Hamilton and his Federalist Party. Jefferson was opposed to a large military, central banking, foreign entanglements, imperialism, publicly-funded mandatory education, or centralized wealth redistribution. Rather, he believed that individuals had a better ability to determine what was best for themselves without governmental interference and in doing so establish a stronger and freer country from the bottom up. Today's publicly-educated schoolchildren are less educated than home-schooled children were 150 years ago (or even today), central bankers have debased the dollar by 98%, and the military is currently in over 100 countries; some of Jefferson's worst fears realized. Is it logical to excuse Jefferson's philosophies as being out of touch? Are Americans too immersed and dependent on Hamiltonian governance to see the libertarian viewpoint on issues?

"A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned - this is the sum of good government." -Thomas Jefferson

Kentucky Senate Candidate Dr. Rand Paul, a conservative libertarian running as a Republican, has drawn the ire of the national media because he suggested that one section of the Civil Rights Act of 1964 out of ten may have overstepped the Constitution. The argument he posed was a Jeffersonian one: The Constitution does not allow the Federal Government to pass laws regulating private property; such laws are reserved to the several states and citizens per the 10th amendment. Local control of property and financial assets were a basic tenant of Jeffersonian America and in no way did Dr. Paul say that he opposed the spirit of the legislation. However, what the media reported was that Dr. Paul supported re-segregating private property that allowed public access, such as restaurants and banks. His Democratic opponent, Kentucky Attorney General Jack Conway, even went so far as to say the Rand Paul was in support of repealing the Civil Rights Act of 1964. "An enemy generally believes and says what he wishes" Jefferson once said.

Clearly, for Dr. Paul the subject was never about racial inequality but rather about the application of the Constitution to modern issues and stopping government's incremental encroachment on individual rights. He suggested that libertarian solutions can be applied to even the toughest social issues, such as racism, and that we need not violate the Constitution to solve our nation's ills. But today the Jeffersonian argument is unintelligible to the Hamiltonian ear and Dr. Paul can expect a lot more political grief simply for being a conservative Jeffersonian.

Today, the Jeffersonian philosophy is being resurrected in opposition to increased centralized governance and the Hamiltonian establishment is fighting back against these "extremist" or "kooky" views. The writings of Jefferson and Thomas Paine are once again en vogue, and the heroes of past American libertarianism, such as Andrew Jackson, are being rediscovered. The modern libertarian is well-educated, well-funded, and highly informed on the issues, past and present. Perhaps the Jeffersonian view of America can be resurrected after all. If so, the country will be better for it.

Thursday, February 25, 2010

Investment Bank Mutual Fund Fees Destroy their Client's Capital

The Clover Helix
www.thecloverhelix.blogspot.com
Thursday, February 25, 2010

In an early attempt to prepare for my own retirement I came to the inevitable conclusion that mutual fund fees, if left unchecked, can utterly destroy retirement savings. I’m sharing my experience here as many others may be unwittingly experiencing the same ordeal that I endured when it came to mutual fund investing for my personal retirement. If the true story I present here sounds like your own then take heed and make quick changes!

In 2002, I opened up a Roth IRA with Washington Mutual’s (WAMU) Investment Services Division and invested $3,000 in their family of mutual funds. I selected Washington Mutual because I had been banking with them for over four years and I knew every person at my home branch by their first name. In 2005, I took out $1,700 to purchase a home and left the remaining $1,300 in the account untouched until 2010 when I finally moved this small IRA (by which time Washington Mutual had been purchased by JP Morgan Chase aka JPMC) over to Vanguard. However, when I transferred the account to Vanguard, I found that only $975 of the original $1,300 remained resulting in a net loss of 25% over the eight year period. Where had the missing money gone?

During it’s time in the IRA, the money had been invested in a mid-cap domestic equity mutual fund that had attained only very meager positive returns and the value of the fund should have increased to about $1,535. After some number crunching I discovered the true culprit was my own trusted investment bank skimming off large fees from my tiny account.

It turns out that mutual funds have a lot of fees that are not always disclosed right up front. The mutual fund I purchased had a five percent sales fee or load that was paid to the investment bank over a five year period costing me $65 right at the start. I also paid the management fees for the fund amounting to about 1.2% per year over eight years resulting in another $125 in fees. Additionally, I paid a 0.25% annual 12B-1 fee so that the mutual fund could advertise their services to new clients costing me yet another $26 bringing the total so far to $216 over eight years; but we aren’t done yet. Because my account was worth less than $10,000 I was charged an annual account maintenance fee of $30 tacking on yet another $240 over eight years. In my disgust, I finally transferred the IRA to Vanguard, a true super-hero in investment banking, to get away from the oppressive fee structure that my IRA had been subjected to. However, upon closing the account at JPMC I was subjected to another $30 account maintenance fee for the upcoming year and, perhaps the most insulting of all, a punitive $75 account closure fee. The grand total I paid to JPMC to house a $1,300 IRA over eight years: $560.

Interestingly, these figures suggest that the fund had actually been profitable to me as my balance of $975 plus $560 in fees minus my initial $1,300 would imply that I had made a profit of $235 for a gross return of 18%. In fact this positive investment return is reported to the fund’s investors as an eight-year return implying that this fund would ave been a good investment in an otherwise down market. Fortunately the mutual fund was housed in a tax-free account or else I would have been subjected to a capital gains tax on the $235 of supposed profit making my losses even worse!

In short, had I simply invested the money in a savings account yielding just 1% I would have easily outperformed the WAMU/JPMC mutual fund and not paid a nickel in fees.

Wednesday, February 24, 2010

Sound Money: Origins and True Value of the American Dollar

The Clover Helix
www.thecloverhelix.blogspot.com
Wednesday, February 24, 2010

Prior to the American Revolutionary War the money supply used by the British colonies in North America was a hodge-podge of gold and silver coins originating from Spain, England, France, and Germany and their territorial possessions. In the western colonies, even wampum was used. Because of Spain’s ownership of vast silver deposits in South America and Mexico, the Spanish Milled Dollar or “Piece of Eight”, was by far the most common coin in circulation and came to serve as the world’s first reserve currency. A reserve currency is a currency universally accepted for settlement of international trade and debt accounts. Today, the world’s reserve currency is the U.S. dollar.

To understand the heritage of the U.S. dollar we must understand the history of the Spanish Milled Dollar. The Spanish dollar concept was based upon the successful German thaler (from whence we get the word “dollar”), a popular coin containing 0.88 troy oz of silver first produced in 1524. The thaler’s success was only undermined by its limited production and later debasements. Soon after, the Spanish government began issuing dollar coins of their own. Upon establishing colonies in America, Spanish dollars were soon being issued en masse from Mexican and Peruvian mints, and the slightly smaller coin (weighing 27.064 grams and containing 0.786 oz troy of silver) became universally accepted due to its purity and reliability. Conveniently, a working man’s daily wage usually came to about one Spanish dollar per day and the 9.72% base metal content made the coin strong enough to handle day-to-day transactions. It could be easily subdivided into smaller denominations by literally chopping the coin into as many as eight pieces called bits (hence “Piece of Eight”). Because of its abundance, convenience, and reliability, the Spanish Milled Dollar became the international monetary standard and these coins flowed into American markets in exchange for cotton, tobacco, and other raw materials. Though English currency involving shillings and pounds were also circulated, it was clearly secondary to these Spanish coins in the American colonial economy.

During the American Revolution, the English naval blockade virtually eliminated American trade from international markets making access to coins, credit, and war materials tenuous at best, impossible at worst. That is why the naval victories of Captain John Paul Jones and the privateers were crucial as they boosted moral for the revolutionaries who were being economically strangled. Eventually the cash-starved colonies resorted to issuing paper “continental” currency, which functioned as interest-free IOUs denominated in Spanish Milled Dollars, to fund the war effort. As the war went on, these “continentals” were printed until hyperinflation and economic collapse set in. The continental currency was never honored and personal savings were wiped out. After the war had ended (via crucial French financial and military support), American trade resumed and Spanish Milled Dollars began flowing into the new American republic. The large account surpluses enjoyed by the new American economy allowed for a quick repayment of international war debts (owed mainly to France) by the United States. Naturally, these debts were paid for in Spanish dollars.

The American experience with the continental currency revealed to the founding fathers the perils of counterparty risk. When evaluating a security such as a bond or stock obligation, the value of that security is based upon the ability of the issuing party to perform the promised obligation. The continental currency lost all of its value because the issuing authority (in this case the Continental Congress) had no way to make good on the debt except by printing even more paper currency. In the end, only people holding gold and silver coins had retained their savings while the rest of the population lost everything. This is because there is no counterparty risk with respect to precious metals; gold and silver has value that is not dependent upon another party fulfilling a financial obligation. Therefore, the new American currency was not to be subjected to any form of counterparty risk.

The leaders of the new Republic learned important lessons concerning counterparty risk and decided to outlaw the issuance of paper money, called by the U.S. Constitution bills of credit (Article I, Section 10). The U.S. Constitution also provided the Congress with the power “to coin Money; and regulate the Value thereof, and of foreign Coin” (Article I, Section 8). Though the type of coin (or monetary unit) to be produced under the new constitution is not explicitly stated in Article I, Section 10, the language of Article 1, Section 9 uses the term “dollars”. In 1787, the only dollars present in America were Spanish Milled Dollars and we can infer that it was to these coins that the founding fathers were referring. Because Spanish dollars lack counterparty risk, the American economy would become as solid as the gold and silver that stood behind it. In fact, Article 1, Section 10 states that only gold and silver coin were lawful for payment of public debts, a provision that is still in effect today.

In 1794, the newly-created Philadelphia mint issued the first American silver dollars. These coins, as established by Congress, contained 0.774 oz troy of silver (versus 0.786 for the Spanish dollar) and the employees of the mint were threatened with penalty of death if they were dishonest in producing the new American coinage. As American economic influence advanced around the hemisphere, American dollars gained in popularity and traded at equal value (par) with the Spanish Milled Dollar in international markets, especially in the Caribbean. When Mexico became independent from Spain and introduced the Mexican Dollar or “Peso” in 1821 at par value with both the Spanish and American dollars, it became clear that the new international dollar standard was here to stay. Even the large European 5-Franc coin was largely modeled on the dollar. The weight and purity of the American dollar remained unchanged until 1935 when American silver dollars were discontinued, and in 1965 the last American silver coins (half, quarter, and tenth dollars) were replaced by copper-nickel fiat substitutes. American silver certificates, or paper money backed by silver dollar coins, freely circulated until 1964.

For large transactions, gold coins were the preferred medium of exchange. The value of silver relative to gold was established by Congress at 16:1. Therefore, a U.S. gold dollar weighed a minuscule 0.048 oz troy but the famous $20 double eagle coin weighed in at a whopping 0.97 oz troy. Gold certificates were circulated alongside silver certificates until 1933 when the gold backing of the domestic currency was abruptly removed by presidential executive order. In 1971, the dollar ceased to be convertible into gold for international transactions.

The constitutional recognition of bimetallism (gold and silver both being legal tender) created many problems for the nation’s money supply as the abundances of these two metals fluctuated with respect to each other while their values were legally fixed. Despite these problems, the gold and silver standards kept the value of the dollar stable and kept counterparty risk out of the money supply (except during the American Civil War). Hence the U.S. dollar was defined by Congress as equal to 0.774 oz troy of silver for 189 years of our 233 year history and the purchasing power of the dollar remained steady until 1965.

Since the introduction of fiat paper money the value of the dollar has plummeted. Assuming a silver price of $16 per oz troy, the dollar has lost over 92% of its purchasing power since 1965. In terms of gold (assuming a gold price of $1100 per oz troy) the dollar has lost 98% of its purchasing power since 1933, with almost all of that loss occurring after 1971. This type of inflation was one of the major issues that our founding fathers sought to prevent. It seems that we are destined to relearn their lessons as we continue to print ever more paper dollars to settle our mushrooming personal and public debts.

Friday, October 30, 2009

UPDATED: Overriding the Will of America: Democrat Mel Watt destroys HR 1207, Bill to Audit the Fed

The Clover Helix
www.thecloverhelix.blogspot.com
Friday, October 30, 2009

This was just released onto the wire tonight and it is utterly disgusting. Select the link below to Bloomberg News. Representative Mel Watt has been bought and paid for by the banking interests (three of his top campaign contributors are Bank of America, Wachovia, and the American Bankers Association).

If this doesn't convince you to move your money to a credit union or to begin banking at home, nothing will.

Federal Reserve Policy Audit Legislation ‘Gutted,’ Paul Says

November 23, 2009 UPDATE: FED rage boils over on Capitol Hill

The Fallacy of Economic Stimulus: The Most Efficient mode for Economic Destruction

The Clover Helix
www.thecloverhelix.blogspot.com
Friday, October 30, 2009

In today's hard economic times it's difficult to accept what the national media and the government want you to believe about the nation's economy, and impossible if you have ever studied Austrian Economics.

Currently there is a brewing controversy over the effectiveness of the Federal government's "Cash for Clunkers" program (see here). The current author supports the view of the government's opponents on this issue. Clearly, the government has become very sensitive to the issue of their effectiveness. Furthermore, the Federal government issued a report today claiming that the economic stimulus package saved or created 640,000 domestic jobs at a cost of $150 billion dollars. This government-issued report was intended to demonstrate the effectiveness of the government's economic stimulus program (see here).

What is not emphasized is that this amounts to $234,375 for every job created or saved, not including the interest on the money borrowed or the inflation that this new money will inevitably create for the rest of the country. The average American wage is $41,334. Think about that a moment. The free market, if left alone, would have recovered and provided 3,630,000 people with jobs for a year in the productive portion of the economy using the same money! However, these jobs are now permanently lost through this "stimulus" and instead we are left with 640,000 mostly government-sector (non-productive) jobs. The government doesn't consider this future job destruction because their loss is never actually seen by the public, but they can be accounted for.

How so? The $150 billion must be repaid, and in the words of late economist Henry Hazlitt "public works means taxes", and if the government can't pay through taxes it will do it through inflation (monetary debasement). Either policy destroys public-sector productivity and job growth because every dollar collected by the government is another dollar not invested in job growth. Therefore $150 billion of future taxes is worth 3,630,000 private sector yearly incomes lost over the duration of repayment, and that's not counting the interest or the inflation which cost us even more job growth. In essence, for every new stimulus job created, 5.6 productive future year-long incomes are wiped out. How long can the nation continue in this way?

Even more ominously, the government intends to spend another $637 billion of borrowed money to create or save new jobs over the next year or so. Simply put, we can't borrow our way to prosperity and our United States, like Rome and Athens, is going to learn this lesson the hard way.

Tuesday, October 20, 2009

Blaming the victim: Were over-extended, low-income Americans responsible for the subprime debacle ?

The Clover Helix
October 20, 2009
www.thecloverhelix.blogspot.com

Three years after the economy began unwinding the American real estate bubble and the associated subprime mortgage financial mess, data now shows that faulting low-income borrowers for the crisis is inappropriate and misguided. Rather, it seems that that the onus falls on housing speculators, lending institutions, the United States Federal Reserve Bank (FED), and large Wall Street securities firms who were privy to the risks but nonetheless marched their unwitting investment clients into the storm anyway.

To understand these issues (and why the common hard-working American is innocent of this crisis), we must understand what a subprime mortgage is. Essentially, mortgage-backed securities are loans issued to borrowers that are secured by real estate. Also, these loans are used to finance the purchase a of home or property, though sometimes these loans are used for "pulling out" equity (value of the home minus the loans against it) without having to sell the real estate. An equity line-of-credit is a common example of this. The down-payment made by the home-owner provides the lender with a buffer should property value fluctuations drop the home value below the loan amount (negative equity). Furthermore, the down-payment invests the borrower in the mortgage. It is common for lenders to also require the purchase of mortgage insurance to defray the risks should the property enter negative equity and go into default. When an appropriate down-payment is provided by a borrower possessing good credit-worthiness who also possesses the ability to repay the terms of the loan, the lender is able to issue a loan to the borrower. This loan can then be pooled with other mortgages and sold on the secondary market to investors who are looking for "prime" or "A" paper debt securities. Two of the largest secondary market purchasers of mortgage paper are the Federal National Mortgage Corporation (FNMA) and the Federal Home Loan Mortgage Corporation (FHLMC) better known as Fannie Mae and Freddie Mac, respectively. The secondary market can then either play the role of investor or they may package these mortgage pools into debt securities (bonds) that can be sold to private and public investors across the world.

Prime loans have been commonly issued by lenders for the purchase of real estate for many years. Interest rates are usually determined via market forces (though the Federal Reserve's [FED] price fixing of interest rates distorts this reality) and default risk is adjusted through the duration of repayment (term), interest rate, and loan-to-value (LTV) ratio (generally 80-90%). A short-term, low-LTV prime loan is considered the safest mortgage loan of all and commands a low interest rate, whereas a thirty-year prime loan with a higher LTV commands a much higher interest rate. It's a simple risk vs. return reciprocity.

In 1968, the United States Government chartered the Government National Mortgage Association (GNMA), better known as Ginnie Mae, a government-owned company. Ginnie Mae was originally founded to provide an investor market for mortgages issued to low-income home buyers with marginal credit histories, and small down payments (typical LTV is about 97%). Strict limits on maximum loan amounts and by disallowing investment properties eliminated many would-be speculators from their mortgage portfolio. Furthermore, Ginnie Mae loans are insured by the U.S. Federal Government against default making them virtually risk-free mortgage securities for investors. GNMA also purchases the famous "dollar-down" Veteran's Administration (VA) loans used by military personnel. Because of these government loan guarantees and the strict lending guidelines, Ginnie Mae mortgages receive an A or prime paper rating despite the increased default risk posed by the borrowers.

Ginnie Mae provides the loan programs that many in the financial news has mis-classified as "subprime" due to their tenuous employment or credit-problems. That these loans represent speculator-free prime paper assets is documented in the paragraph above, but this fact is gratuitously overlooked by the media. That Ginnie Mae borrows aren't the cause of the financial crisis is demonstrated by the following two graphs. The first graph shows the value of $10,000 invested in Ginnie Mae bonds over the past five years (interest payments excluded). We can see that Ginnie Mae investors were tarred and feathered (wrongly) from 2005 through 2008 by feverish selling of Ginnie Mae mortgage-backed securities in an attempt to divest from the mortgage debacle. However as the late 2008 financial crisis unfolded, Ginnie Mae mortgage-backed securities were reassessed by investors as safe-haven investments and Ginnie Mae securities recovered their losses and now trade at a premium, handsomely rewarding patient investors.

The second graph shows the value of $10,000 invested in the market-weighted total U.S. bond market, which includes Fannie Mae and Freddie Mac securities. A comparison of these two graphs shows the out-performance of Ginnie Mae securities relative to the overall bond market. From this we can conclude that Ginnie Mae borrowers were not the source of the so-called toxic assets that were so vehemently decried by politicians and economists on news networks and on major financial websites. If so, the markets would reflect this in the pricing of Ginnie Mae securities.



So if Ginnie Mae's borrowers aren't the source of the toxic assets, then who were these subprime borrowers and what constitutes a subprime mortgage? A subprime mortgage is a loan issued by a private lender to a borrower who presents a greater-than-average risk of loan default or even risk of loss of investor capital. These risks include not securing mortgage insurance against the loan, accepting very high LTV ratios, qualifying borrowers who don't demonstrate strong ability to comply with the lender's terms or possess good credit worthiness, and/or borrowers who don't intend to occupy the property. The risks associated with these subprime loans is commensurately higher, and in some cases these loans are assigned as "A-" or lower paper. The highest risk loans carry the stigma of "junk" status. Securities backed by these loans trade at significant discounts to their prime paper counterparts and carry higher interest rates due to their higher risk.

Historically, subprime mortgages were issued to borrowers who had suffered bankruptcy (or some other credit-catastrophe) but could afford to make a large down-payment and had a reliable revenue stream, or had good credit but had little down-payment. However, during the recent housing bubble, subprime mortgages were used by housing speculators to purchase unoccupied properties for little or no money down with the goal of eventually "flipping" the property at a profit to another buyer (usually another speculator). Because the FED had lowered interest rates to historic lows, subprime paper became relatively cheap and lending institutions began issuing subprime loans en masse. Eventually, subprime paper traded nearly at parity with prime paper. Prime loans were more difficult for good borrowers to obtain than subprime loans were, and the banks were happy to sell it to them so long as the secondary market was available to buy up all the subprime paper.

If lenders were issuing so much subprime paper and the secondary market was happy to accept these loans, then what would be the problem if the investors suffered for taking on this risk? The issue is that investors were unaware that they were buying much, if any, subprime paper. How so? Bond-rating institutions and financial securities dealers had reasoned that the speculative frenzy that existed during the bubble had permanently increased housing values at such a rate that making low/no down payment loans to subprime borrowers had made them a low risk investment because real estate prices were rising so fast that immediate positive equity was built into the security. Therefore, subprime loans were reasoned to be as safe as prime loans as long as prices rose and were sold to investors as "A" paper. This creates an obvious moral hazard and in this way the nation's toxic assets were born and distributed to the balance sheets of private investors, banks, and retirement funds across the world. Of course when the housing market stagnated and then began to fall, the speculators dumped their houses back on the market or let them go into foreclosure, bringing the whole Ponzi scheme to a dreadful end. Because many of these mortgages were not covered by mortgage insurance (as many of these loans were uninsurable) bond-holders were exposed to all of the losses. Banks, retirement funds, and individuals who owned large, highly leveraged mortgage portfolios were wiped out. Institutional bankers who created the moral hazard were bailed-out at taxpayers expense.

Had investors been aware that the mortgage securities they owned contained significant amounts of these toxic assets they would have objected to this financial fraud and would demanded appropriate repricing of these securities and jail time for account executives who fraudulently sold them. Today, many of these investment bank executives are receiving multi-million dollar performance bonuses. However, if the secondary market had not been unwittingly buying the subprime paper, there may have been no subprime debacle at all.

The actions of the FED alongside major financial firms such as insurer AIG, Goldman Sachs, Bear-Stearns, and the rest is questionable at best, criminal (even treasonous) at worst. For discussions of their roles in this worldwide securities fraud, watch videos and articles by Matt Taibbi (here) at Rolling Stone and market commentator Max Keiser (part 1 and part 2). One thing we can be assured of is that it wasn't America's hard-working home buyers who brought this catastrophe upon us, but rather the investment banks, central planners, and the speculators who should bear the brunt of these losses.

Wednesday, September 16, 2009

The American President is Shielded from Direct Policy Questioning

The Clover Helix
September 16, 2009
www.thecloverhelix.blogspot.com

On September 15, 2009, the House of Representatives voted to rebuke Republican Representative Addison Graves "Joe" Wilson for yelling “you lie!” during President Obama’s speech on Health Care reform before a nationally televised joint session of Congress. This resolution of disapproval, which passed 240-179 largely along party lines, was essentially an enforcement of a long-standing tradition prohibiting direct public questioning, and particularly heckling, of the President.

Though Representative Wilson’s infamous outburst has drawn the ire of much of the media, we must understand that the President had no intention of fielding questions from our representatives concerning his health care proposals after the speech. Unfortunately, communication with the U.S. President works like television: the president speaks and the People listen with no opportunity for reciprocity. The discussion is then carried into the media outlets or congressional “town-hall” meetings where politicians push their positions and spin public outrage as being the result of partisan propaganda. References to swastikas and Nazi Germany are rapidly used by both politicians (i.e. comments made by Speaker of the House Nancy Pelosi) and the public (as occurred at Representative Barney Frank’s town hall meeting) in assessment of each others agendas. However, the Office of the President (the source of the debate) is largely shielded from direct confrontation by either the Public or their Representatives.

Most Americans are aware that in Britain the Prime Minister is required to appear before the parliament where they can be questioned directly on virtually any national issue and the Prime Minister is expected to respond to these questions. Currently, the U.S. Constitution requires no forum by which the Congress or the People may directly debate the executive branch’s policies or authority, and does not require a public response from the President. If such a provision existed, outbursts of frustration, such as Joe Wilson’s, would likely not occur; rather a productive public discussion with the President may have ensued.

It’s critical that the office of the President publicly answer our representative’s questions concerning our nation’s domestic and foreign policies. As such, it was critical that former President George W. Bush be publicly questioned concerning our national policies on torture, war, the September 11th events, dollar devaluation, bailouts, the Patriot Act as well as scores of other issues. Unfortunately this public discourse never occurred. Perhaps a constitutional amendment ought to be proposed to rectify this problem and require the Congress and/or the state governors to directly and publicly discuss America’s policies with the President.

Tuesday, September 8, 2009

Our New America: A Retread of the Old Prussian Paradigm

The Clover Helix
www.thecloverhelix.blogspot.com
Tuesday, September 8, 2009

“Is the any thing whereof it may be said, ‘see, this is new?’ it hath been already of old time, which was before us.” Ecclesiastes 1:10

Anybody even marginally acquainted with world history is aware that Prussia came to be one of the most regimented militaristic nations the world had seen since the height of ancient Sparta. Located in what is now Germany and western Poland, Prussia’s military tradition found them deeply involved in virtually every major European conflict from the 13th century through World War I. Prussian citizens were rigorously trained to achieve economic and military supremacy for the State. These values were so imprinted upon the national psyche that the citizenry was willing to sacrifice their lives, and the lives of their families, to achieve these ends. Legendary for their courage and frequent success on the battlefield, conscripted Prussian subjects and Germans alike were frequently rented to foreign powers by Prussian rulers to fight in foreign wars. Financially, Prussia had little in the way of natural resources and, as such, became a manufacturing economy whereby they were able to influence foreign markets across the world. At the end of the Franco-Prussian War (1870-71) Germany became a unified nation under Prussian leadership. A permanently mobilized Prussia (and later Germany) took on the mantle of a new Sparta in every sense: militarily, socially, economically, and politically. Intimidation, complex military alliances, and war were the foreign policy.

It has been well documented that the seeds for America’s modern education system was taken directly from Prussia’s scientifically-engineered public educational program during the 1840’s and 1850’s, and that these seeds blossomed in America’s new research-based university system (another Prussian contrivance) during the late 19th and early 20th centuries. Since that time, the intellectual consciousness of the United States has been irretrievably altered and the nation has since emerged as a financial, political, military, and academic power whose influence extends to virtually every point on planet Earth. Though the post-Progressive Era of the United States has been referred to by some writers as the New America due to the proliferation and implementation of “progressive” (Prussian) ideas, it’s clear that the post-World War II era has seen their grand fulfillment. For a splendid discussion of this transformation and the resultant consequences for the United States, read John Taylor Gatto’s essay "The Underground History of American Education: An Intimate Investigation into the Prison of Modern Schooling."

Besides the wholesale entrenchment of Prussian-style education, America has adopted many other Prussian state concepts. Concerning our New American foreign policy, consider this description of 18th century Prussia by historian Thomas Macauley: “The King carried on warfare as no European power ever had, he governed his own kingdom as he would govern a besieged town, not caring to what extent private property was destroyed or civil life suspended. The coin was debased, civil functionaries unpaid, but as long as means for destroying life remained, [the King] was determined to fight to the last.” This Prussian way of life has found a new place in America.

Prior to the Spanish-American War (1898), whenever the United States became engrossed in any kind of international conflict, it would raise a military force, purchase weapons and equipment, carry out the war, and then disarm. It had been widely accepted that America’s fully-armed citizenry (militia) could repel an attack on the homeland until an army could be organized to expel the invader and, if possible, launch a counterattack. This was the classic model for American self-defense. This changed when the American battleship USS Maine unexpectedly exploded in Spanish Cuba, an event that was attributed as an act of Spanish terrorism. The United States government seized the opportunity and the American military routed Spanish forces across the world. Ultimately, the Treaty of Paris was signed and Cuba, the Philippines, Puerto Rico, Guam as well as worldwide military prestige were handed to the United States. America had used the tragedy of the USS Maine to assume Spain’s position as a world power and establish an empire of its own. Today, most Americans aren’t even aware that Cuba and the Philippines had once been parts of the United States for almost fifty years.

After the Spanish-American War, the United States began to invest in new battleships to patrol its far-flung possessions. Additionally, the army was only partially reduced, yet the American people perceived that the country had largely disarmed. Any foreign invasion would have to come by sea, and Americans felt prepared for such an event. As a consequence, when World War I erupted in 1914, Americans had no interest in getting involved in the war as Germany simply was not perceived as a mortal threat to the United States.

Getting America into the war required a string of maritime catastrophes, beginning with the sinking of the HMS Lusitania in 1915 by the German Navy. However, it took almost two years of intense political lobbying to convince the U.S. Congress to declare war on Germany and her allies as most Americans were not convinced that these tragedies were sufficient cause for involvement. In retrospect, America’s interest in getting involved was more likely to gain participation in the negotiation of any peace compromise. In the end, Prussia was split up and replaced by the Weimar Republic. Angry and humiliated by the World War I armistice, hyperinflation, and the Great Depression, Germans created a new Republic and a fully-armed and mobilized Third Reich was born. Yet again, except for a formidable Navy, a growing regular Army, and the fledgling Army Air Corps, the United States appeared to disarm after the war.

The period from 1918 through 1941 would be the last time that the United States would be a relatively disarmed nation as the final remnants of Jefferson’s noninterventionist America were finally destroyed when the Imperial Japanese Navy dramatically attacked Hawaii in 1941. When World War II originally broke out in September of 1939, public opinion was similar to World War I: decidedly neutral. Americans had readily found fault with the positions of both the Allies and the Germans and, still being mired in the Great Depression, it was clear that the U.S. couldn’t afford to fight a war. Despite this public opinion, the U.S. government quickly froze Japanese assets and suspended fuel shipments while providing financial and military aid to England and China, Japan and Germany’s wartime enemies. In hindsight, had the U.S. government maintained a truly neutral position the attack on Hawaii may never have happened. Nevertheless, this surprise attack on American soil transformed our republic from a free society to one in perpetual fear of foreign attack. Since December 7th, 1941, the United States has maintained a fully-armed and technologically advanced land, sea, and air invasion force, the power of which the world has never before seen. Japan’s reward for their surprise attack was punctuated by nuclear attacks on two cities handing them a humiliating defeat. None of Japan's wartime allies have returned as major military powers since.

America’s transformation to a military megapower has become complete. Since World War II the United States has been involved in virtually every major conflict, constructed bases in countries that are decidedly anti-American, and intervened in global financial markets. America even began to fight wars on behalf of foreign governments. To avoid the perception of renting out U.S. troops to foreign countries, the nation currently pays for the privilege of defending Europe, Israel, Japan, South Korea, Taiwan, Kuwait, and Saudi Arabia out of its own treasury. America finances this policy though increased personal income taxation, money borrowed with interest from the very countries it is defending (even some borrowing from her enemies), and continual printing and debasement of the U.S. dollar via the Federal Reserve Bank (an institution modeled after Prussia’s Reichsbank). In the Korean and Vietnam conflicts, the United States government even conscripted unwilling citizens to fight for these foreign governments, a complete reversal of American policy since 1941; yet a very Prussian concept.

Thomas Jefferson said "[c]onquest is not in our principles. It is inconsistent with our government." Obviously, a major paradigm shift has occurred since the days of Jefferson. In September 1902, Canadian writer Beckles Willson wrote in the preface of his book The new America: a Study of the Imperial Republic the following: "In 1892 to have adumbrated the present role of America in Welt politik would have excited derision. Since that date, we have, however, seen an American Empire arise; alien and distant races now bow the knee to the American ruler. America's accents,though brusque and untrained, are beginning to be heard respectfully in the concert of nations." Willson uses the interesting term Welt politik (translated from German means world policy), an official German policy term that sought Germany's place in the sun commensurate with its rising industrial strength, primarily through creation of a colonial empire to rival those of other powers.

How has the United States government been able to keep its citizenry from objecting to these sweeping policy changes? Again we look back to Prussia where John Taylor Gatto tells us that during the 18th and 19th centuries “[e]very existence was comprehensively subordinated to the purposes of the State, and in exchange the State agreed to act as a good father, giving food, work, and wages suited to the people’s capacity, welfare for the poor and elderly, and universal schooling for children.” Keep this in mind when the government is offering “free” government services (i.e. health care, social security) while expanding its undeclared wars in Iraq, Afghanistan, and Pakistan.

Thursday, August 20, 2009

The American Electoral College Operates Unconstitutionally

The Clover Helix
www.thecloverhelix.blogspot.com
Thursday, August 20, 2009

The use of the Electoral College for the election of the U.S. President and Vice-President has been controversial from its inception (See Federalist 55 and 68). Many have called for the abolition of the Electoral College in favor of a popular vote or other elective method. Because the Electoral College bestows a disproportional measure of electoral influence on smaller states, and these same small states would have to ratify any change, the prospect of having it eliminated via constitutional amendment is very small. However, a review of the Constitution reveals that the modern method for determining the number of Electors in the Electoral College has been conducted unconstitutionally. We can effectively address some (but not all) of the short-comings associated with the Electoral College should the Electoral College be applied constitutionally. To my knowledge, this is the first time this issue has been raised. Bear with me as I demonstrate this point by reviewing relevant sections of the Constitution.

The Constitution clearly specifies state representation in Congress:

“The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at Least one Representative;” Article I, Section 2, Paragraph

“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State excluding Indians not taxed.” Amendment 14, Section 2

As seen in these two passages, the number of U.S. Representatives is equal to the population of the States (“excluding Indians not taxed”) divided by 30,000. In 2000, the population of the United States was found (via decadal census) to be 280,849,847. Therefore, by Article I, Section 2, Paragraph 2, 9,362 seats in the House of Representatives would need to be allocated for apportionment amongst the States. Here we encounter our first problem: the House of Representatives is currently composed of 435 voting members, not the 9,362 or so the Constitution calls for. This low number is due to the passage of Public Law 62-5 in 1911 and, later, the Reapportionment Act of 1929, which limited the voting membership of Congress to 435 members. These two acts of Congress have dubious constitutionality and interesting discussions of them and the politics that brought them about are easily found on the internet (e.g. www.thirty-thousand.org). Certainly, these acts do not usurp the Constitution’s provisions (cited above) mandating that the States be entitled to considerably larger House memberships. Today, the States are relinquishing their legally allotted seats in accordance with these federal statutes. Whether this congressional membership practice is constitutionally permissible or ethical is another matter and is not pursued further in this article.

“The Senate of the United States shall be composed of two Senators from each State, [chosen by the Legislature thereof], for six Years; and each Senator shall have one Vote.” Article I, Section 3, Paragraph 1 (Bracketed text changed by the 17th Amendment)

Membership of the Congressional Senate, which is fixed at two Senators per State, regardless of population size, was not affected by Public Law 62-5 or the Reapportionment Act of 1929. As such, the constitutionality of the membership of the 100 Senators is not disputed. I now address the allotment of the Electors in the Electoral College. Read these excerpts carefully.

“Each state shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress;” Article II, Section 1, Paragraph 2

“The Electors shall meet in their respective states and vote by ballot for the President and Vice President,”. Amendment 12

“A number of Electors of President and Vice President equal to the whole Number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous state;”. Amendment 23, Section 1

Clearly, it was the original intent of the Constitution for each state to vote for the President and Vice-President in proportion to its representation in Congress. Thus, the number of Electors has been assumed to be equal to the total membership of both Houses of Congress (435 Representatives and 100 Senators), plus three Electors allocated to Washington, D.C., totaling 538 Electors. This is a false assumption.

Note that Article II, Section 1, Paragraph 2 declares that each “state shall appoint…a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress;”. The ‘shall’ here indicates that the States are required to appoint the full number of Electors (no more and no less) to which that state may be entitled. How many Representatives are the States entitled to? Per Article I, Section 2, Paragraph 2, States are entitled to one representative per 30,000 people. Furthermore, we know that this entitlement was not altered by either Public Law 62-5 or the Reapportionment Act of 1929. Again, the States have simply chosen to send fewer than the requisite number of Representatives to which they are entitled, in accordance with those federal statutes (perhaps unconstitutionally). Additionally, the constitutional text makes no mention of summing the House membership of each State with its Senators for establishing the College, but rather instructs each State to furnish a number of Electors that is dependant upon the number of Representatives that State is entitled to, plus the Senators. This is a very different measure. Essentially, the number of Electors selected to the Electoral College is not dependant upon the number of Representatives and Senators seated in the Congress (as is currently assumed), but rather the number is equal to the maximum number of Representatives and Senators allotted per Article I, Section 2, Paragraph 2, regardless of whether they have been seated in Congress or not. Hence, the Constitutional number of Electors apportioned amongst the States should be considerably larger (9,479) than the fixed number that is currently used (538).

The advantage afforded smaller states over larger states by the Electoral College, due to their senatorial representation, was intended to diminish as the population of the country increased over time. It is clear that the Framers of the Constitution were well aware that the House membership was poised to increase rapidly, as evidenced by James Madison in Federalist 55. To address this issue, “Article the First” became the first proposed amendment to the Constitution (as a yet un-adopted and open portion of the Bill of Rights), which proposed computational algorithms that were set to adjust the ratio of population per Representative as the population increased. The purpose of this Amendment was to prevent the House of Representatives from deteriorating into a mob when the country grew to a very large population. Unless the Constitution is properly amended, the number of Electors in the constitutional Electoral College is slated to continue increasing into the tens of thousands, whereas the currently unconstitutional Electoral College stands to disenfranchise the nation’s voters well into the future.

Interestingly, the U.S. presidential election results for 2000 would still have been awarded a very narrow electoral victory to George W. Bush (by approximately 100 electoral votes) had a constitutional Electoral College been employed. This reveals another major problem with the system: States vote as a block and do not apportion their Electors between the candidates. If States were required to constitutionally apportion their Electors according to the popular vote, then a more democratic electoral system would come into being.