Posts Tagged ‘ regulation ’

PPI Policy Brief: Is the FDA Strangling Innovation?

Thursday, June 23rd, 2011
Michael Mandel



Michael Mandel is the chief economic strategist at the Progressive Policy Institute and the founder of Visible Economy LLC, a New York-based news and education company.

by Michael Mandel

As the key gatekeeper for pharmaceutical and device innovation, the Food and Drug Administration (FDA) has a tough job. If it is too lenient, it will allow the sale of drugs and medical technology that could harm vulnerable Americans. Too tight, and the U.S. is being deprived of key innovations that could cut costs, increase health, and create jobs.

With this in mind, this paper addresses the question: Is the FDA unintentionally choking off cost-saving medical innovation? First, I discuss the difficulty of assessing whether the FDA is under-regulating or overregulating new drugs and devices, given the desire for safety. I then show how the FDA is clearly applying “too-high” standards in the case of one noninvasive device currently under consideration—MelaFind, a handheld computer vision system intended to help dermatologists decide which suspicious skin lesions should be biopsied for potential melanoma, a lifethreatening skin cancer. I then draw analogies to development of the early cell phones and personal computers.

Read the entire policy brief.

More Regulatory Overreach at the FCC

Monday, April 11th, 2011
Michael Mandel



Michael Mandel is the chief economic strategist at the Progressive Policy Institute and the founder of Visible Economy LLC, a New York-based news and education company.

by Michael Mandel

Imagine that you had an industry where customer satisfaction was increasing faster than any other part of the economy.  Now imagine that the same industry showed rising real investment, even during the worst recession in 75 years.  Finally, imagine that industry charged  falling prices for both consumers and businesses.

But of course, that industry is not imaginary: The telecom industry, and in particular the wireless sector, has  outperformed  the rest of the economy on key measures such as customer satisfaction, investment, and price.  Moreover, at a time when President Obama is calling  for more innovation,   the wireless industry has produced more genuine new products and services than anyone else.

So given the great performance of the industry during this tough period, why the heck does the Federal Communications Commission keep imposing additional regulations on wireless providers? The latest case of regulatory overreach: On April 7,  the FCC issued an order forcing the  big wireless providers to sign ‘data-roaming’ agreements with smaller carriers.  In effect,  the smaller carriers can now tell their customers that they could have data service all over the U.S., free-riding on the mammoth investments by the big carriers. In addition, the FCC made it clear that it is willing to set the price for each data roaming agreement if it doesn’t like what the big carriers are offering–effectively reinstituting price regulation for the most dynamic sector of the economy.

This aggressive regulatory move by the FCC follow its enactment of confusing ‘net neutrality regulations’ in December 2010, an 87-page order that raises more questions than it resolves. And then coming down the road is the ‘bill shock’ regulation. In order to address the rather rare and fixable problem of a surprisingly high bill, this regulation would force providers to spend scarce investment dollars on revamping their billing system rather than  building out their networks.

In many ways, enacting this series of regulations is like throwing pebbles in a stream. One pebble doesn’t make much of a difference, but throwing enough pebbles in the stream can dam it up.

Frankly, the degree of regulation that the FCC wants to impose is more appropriate to a failing industry rather than one which is demonstrably successful and growing.  Let’s just run through the performance of the telecom/wireless industry over the past five years.  According to the American Customer Satisfaction Index,  satisfaction with wireless service has increased by 14% over the past five years, by far the biggest  jump of any industry.

Now let’s look at investment. The data on investment is somewhat fuzzier than for satisfaction, since the government’s figures on industry investment only run through 2009, and merges the telecom and broadcasting industries.

But here’s what we see: In the telecom/broadcasting industry, real investment in equipment and software  is up 30% since 2005, despite the turbulence of the financial crisis. By contrast, overall private sector real investment in equipment and software is down 8% over the same period.

And then of course the price of wireless service keeps falling. The latest figures from the Bureau of Labor Statistics say that consumer wireless prices are down 6% since 2011, and business wireless prices are down a lot more.

Right now the FCC  has the good fortune to preside over one of the few growing industries in the economy.  If the commissioners genuinely want to  support  innovation and growth, they should stop throwing regulatory pebbles into the stream.

Crossposted at Mandel on Innovation and Growth

When Did the Innovation Shortfall Start?

Monday, February 7th, 2011
Michael Mandel



Michael Mandel is the chief economic strategist at the Progressive Policy Institute and the founder of Visible Economy LLC, a New York-based news and education company.

by Michael Mandel

I’m responding to the posts by Arnold Kling and critiquing  Tyler’s The Great Stagnation. Let me just throw out some thoughts, from the perspective of someone who thinks that The Great Stagnation is a terrific book.

1. I agree wholeheartedly with Tyler that the current crisis is a supply-side rather than a demand-side problem. That explains why the economy has responded relatively weakly to demand-side intervention.

2. From my perspective,  the innovation slowdown started in 1998 or 2000, rather than 1973–sorry, Tyler.  The slowdown was mainly concentrated in the biosciences, reflected in statistics like a slowdown in new drug approvals, slow or no gains in death rates for many age groups (see my post here),  and low or negative productivity productivity in healthcare (see David Cutler on this and my post here).  This is a chart I ran in January 2010 (the 2007 death rate has been revised up a bit since then)–it shows a steady decline in the death rate for Americans aged 45-54 until the late 1990s.

The innovation slowdown was also reflected in the slow job growth in innovative industries, and the sharp decline in real wages for young college graduates (see my post here). (Young college grads, because they have no investment in legacy sectors, inevitably flock to the dynamic and innovative industries in the economy. If their real wages are falling, it’s because the innovative industries are few and far between).

3. The apparent productivity gains over the past ten years have been a statistical fluke caused in large part by the inability of our statistical system to cope with globalization, including: The lack of any direct price comparisons between imported and comparable domestic goods and services; systematic biases in the import price statistics (see Houseman et al  here, for example); and no tracking of knowledge capital flows. I’ve got several posts coming on this soon.

4. I agree with Tyler that regulation of innovation is a big problem.  That’s why I’ve suggested a new process, a Regulatory Improvement Commission, for reforming selected regulations.

5. I’m of the view that we may be close to another wave of innovation, centered in the biosciences, that will drive growth and job creation over the medium run.  If we want growth and rising living standards, we need to avoid adding on well-meaning regulations that drive up the cost of innovation.

Cross-posted at Mandel on Innovation and Growth

The Economist: Red Tape Rising

Thursday, January 27th, 2011
Brandon Biegert



Brandon Biegert is an intern at the Public Policy Institute and senior at the University of California, Berkeley majoring in political science.

by Brandon Biegert

PPI Senior Fellow Michael Mandel talks to The Economist about the interaction between excessive regulation and innovation:

Also unquantifiable is the innovation that may be deterred by regulation. Michael Mandel, a scholar at the Progressive Policy Institute, a think-tank, says some of Mr Obama’s rules, though well intentioned, interfere with the most dynamic parts of the economy. Rules meant to deter the abuse of student aid by for-profit colleges could stunt the growth of college courses taught over the internet; tighter conditions on drug approvals, prompted by much-publicised scandals, raise the cost of drug research, especially for small companies; and “net neutrality” rules could expose internet-access providers to stifling litigation.

Mr Obama’s regulatory surge would be less damaging if it had not followed one by Mr Bush, Mr Mandel says. Because of fears about national security, telecoms and internet companies came under pressure to accommodate federal eavesdroppers. The Sarbanes-Oxley accounting law has made it more expensive for start-up companies to list their stock publicly.

Read the full article.

The History of Retrospective Regulatory Review

Thursday, January 20th, 2011
Michael Mandel



Michael Mandel is the chief economic strategist at the Progressive Policy Institute and the founder of Visible Economy LLC, a New York-based news and education company.

by Michael Mandel

As part of President Obama’s executive order on “Improving Regulation and Regulatory Review,” he called for agencies to conduct  ”Retrospective Analyses of Existing Rules,”  and to “modify, streamline, expand, or repeal” the ones that are  ”outmoded, ineffective, insufficient, or excessively burdensome.”

Definitely moving in the right direction….but the key is how to implement this requirement in a way that works. Unfortunately, the track record of agencies performing such mandatory retrospective analyses on their own rules is not dissimilar to the results of doctors conducting surgery on themselves.

I quote from a 2007 GAO report entitled  ”Reexamining Regulations: Opportunities Exist to Improve Effectiveness and Transparency of Retrospective Reviews.”

Every president since President Carter has directed agencies to evaluate or reconsider existing regulations. For example, President Carter’s Executive Order 12044 required agencies to periodically review existing rules; one charge of President Reagan’s task force on regulatory relief was to recommend changes to existing regulations; President George H.W. Bush instructed agencies to identify existing regulations to eliminate unnecessary regulatory burden; and President Clinton, under section 5 of Executive Order 12866, required agencies to develop a program to “periodically review” existing significant regulations.17 In 2001, 2002, and 2004, the administration of President George W. Bush asked the public to suggest reforms of existing regulations.

<snip>

For the mandatory reviews completed within our time frame, the most common result was a decision by the agency that no changes were needed to the regulation. There was a general consensus among officials across the agencies that the reviews were sometimes useful, even if no subsequent actions resulted, because they helped to confirm that existing regulations were working as intended.

<snip>

Our limited review of agency summaries and reports on completed retrospective reviews revealed that agencies’ reviews more often attempted to assess the effectiveness of their implementation of the regulation rather than the effectiveness of the regulation in achieving its goal.

<snip>

Agencies reported that the most critical barrier to their ability to conduct reviews was the difficulty in devoting the time and staff resources required for reviews while also carrying out other mission activities.

<snip>

Most agencies’ officials reported that they lack the information and data needed to conduct reviews. Officials reported that a major data barrier to conducting effective reviews is the lack of baseline data for assessing regulations that they promulgated many years ago. Because of this lack of data, agencies are unable to accurately measure the progress or true effect of those regulations.

<snip>

Agencies and nonfederal parties also considered PRA [Paperwork Reduction Act--MM]requirements to be a potential limiting factor in agencies’ ability to collect sufficient data to assess their regulations. For example, EPA officials reported that obtaining data was one of the biggest challenges the Office of Water faced in conducting its reviews of the effluent guideline and pretreatment standard under the Clean Water Act, and that as a result the Office of Water was hindered or unable to perform some analyses. According to the officials, while EPA has the authority to collect such data, the PRA requirements and associated information collection review approval process take more time to complete than the Office of Water’s mandated schedule for annual reviews of the effluent guideline and pretreatment standard allows.

This last one is especially fun, and shows up over and over again in the literature on retrospective regulatory review. Basically, the OMB has to review and approve data collection by the government, which means that collecting data to prove that a regulation doesn’t work requires more paperwork.

This piece is cross-posted at Mandel on Innovation and Growth

Obama Endorses Innovation as Regulatory Principle

Tuesday, January 18th, 2011
Michael Mandel



Michael Mandel is the chief economic strategist at the Progressive Policy Institute and the founder of Visible Economy LLC, a New York-based news and education company.

by Michael Mandel

Today President Obama took a big step towards improving the federal regulatory process. In particular, he came out with an executive order that addresses two of my big concerns: The cumulative effect of regulations, and bringing innovation as a key goal in the regulatory process.

Sec. 3.  Integration and Innovation.  Some sectors and industries face a significant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping.  Greater coordination across agencies could reduce these requirements, thus reducing costs and simplifying and harmonizing rules.  In developing regulatory actions and identifying appropriate approaches, each agency shall attempt to promote such coordination, simplification, and harmonization.  Each agency shall also seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation.

This is very important.  Up to this point, innovation has just not been part of the regulatory assessment process at all. Similarly, the cumulative impact of regulation has not been taken into account at all. I applaud the Obama Administration for this change.

However, the Obama initiative doesn’t go far enough to set out the principle of countercyclical regulatory policy–that is, stressing the importance of encouraging  growing and innovating industries during this period of economic weakness, and only regulating if necessary.

In addition, at the Progressive Policy Institute, we’ve been working on a proposal for  a Regulatory Improvement Commission. The RIC,  modeled on the BRAC commission, will provide a transparent and systematic process for identifying regulations that can be improved or pruned, while  maintaining important social values. Stay tuned.

This piece is cross-posted at Mandel on Innovation and Growth

Where Regulation Did and Did Not Intensify, 2000-2010

Wednesday, January 5th, 2011
Michael Mandel



Michael Mandel is the chief economic strategist at the Progressive Policy Institute and the founder of Visible Economy LLC, a New York-based news and education company.

by Michael Mandel

As Republicans go on the attack about excessive regulation under the Obama Administration, it’s worth noting two things. First, the regulatory state started growing under President George Bush, as I showed in my posts The Age of Regulation Started Ten Years Ago and Homeland Security and the Regulatory Burden.  Homeland Security accounts for roughly 90% of the increase in federal regulatory employment over the past ten years.

The second point is that the growth of regulation over the past ten years has been quite uneven, even outside of Homeland Security. Take a look at the chart below.

You can see that workplace and the environment has lagged in terms of regulatory employment. Just something to keep in mind.  Some of the big gainers were the FDA, the SEC, and the NRC.

This piece is cross-posted at Mandel on Innovation and Growth

Too Soon to Tell About FCC Rules

Wednesday, December 22nd, 2010
Michael Mandel



Michael Mandel is the chief economic strategist at the Progressive Policy Institute and the founder of Visible Economy LLC, a New York-based news and education company.

by Michael Mandel

I had hoped to write a simple post giving thumbs up or down to yesterday’s FCC ‘net neutrality’ rule-making. Alas, I can’t, yet.

Let me explain. I judge their actions by applying the principle of countercyclical regulatory policy: In recessions, the government should refrain from imposing heavy-handed regulations on innovative, growing sectors. The goal is to keep the communications innovation ecosystem growing and healthy.

From that perspective, the three basic rules that the FCC approved are fine: Transparency, no blocking of legitimate websites, and no “unreasonable discrimination” by wired broadband.

The key here is the transparency provision, which gets little attention. If we look back at the wreckage of the financial boom and bust of the 2000s, the big problem was not financial innovation. Rather, the big mistake made by the financial regulators was not pushing for more information about the decisions being made by Wall Street. That would have enabled regulators to put up a stop sign before things got out of hand.

Learning from that bad example, an intelligently-enforced transparency provision for broadband providers—requiring them to release “accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services”—would go an awfully long way to deterring abusive practices without interfering with innovation.

If the FCC had just stopped with its three rules, we could be heading for the best of all possible worlds …where the communications innovation ecosystem keeps growing, the providers earn enough profits to allow them to keep investing, but where transparency helps encourage them to be good stewards and not to be too greedy.

But not content to leave well enough alone, the FCC appears to have added a lot of extra verbiage to the order that muddies the waters,  to the point where I can’t even figure out what they are trying to achieve. I say ‘appears’ because all we have so far is excerpts from the text, rather than the full text itself.

If regulators can’t make rules that are clear and straightforward, it’s a sign they shouldn’t be doing it. I wait eagerly for the actual text of the order.

This piece is cross-posted at Mandel on Innovation and Growth

Genachowski Walks the Tricky Path

Wednesday, December 1st, 2010
Michael Mandel



Michael Mandel is the chief economic strategist at the Progressive Policy Institute and the founder of Visible Economy LLC, a New York-based news and education company.

by Michael Mandel

FCC Chairman Julius Genachowski should be given a measured round of applause for his proposed “rules of the road” for Internet openness. Genachowski addressed the core issues including a basic no-blocking rule and giving telecom providers the right to “reasonable network management.”  And he did so without putting an excessively heavy new regulatory burden on the communications sector.

The truth is, the FCC is walking a tricky path. The broad communications sector that the agency oversees, long-maligned, has turned into a crown jewel in today’s domestic economy—vibrant and dynamic. Yet the FCC has come under pressure to impose strict net neutrality rules—a nutty move that would have been the equivalent of doing invasive surgery on a healthy patient.

Instead, Genachowski and the FCC are following the basic principle of countercyclical regulatory policy — the government should stay away from imposing onerous new regulations on growing and innovative sectors such as communications while the economy is still sluggish.

Between now and the December 21st meeting of the Commission, Genachowski needs to make sure that his rules of the road stay as ‘minimally invasive’ as possible.  Attempts to broaden them, no matter how well-meaning, will have the effect of putting the communications sector on notice that any commercial negotiation, technical decision, or investment strategy could be second-guessed by regulators—not the best way to have rapid innovation or job creation.

How To Understand the Independents (and How To Win Them Back)

Tuesday, November 16th, 2010
Lee Drutman



Lee Drutman is a senior fellow and the managing editor for the Progressive Policy Institute.

by Lee Drutman

For Obama and the Democrats to win in 2012, they will clearly need to win back the “Independent” voters who they lost in 2010. As we know, Independents broke hard for Republicans this time, after breaking hard for Democrats in two previous elections. Clearly they hold the balance of power in American politics.

Figure 1: Independent Voter Preferences, 1998-2010

Source: Resurgent Republic

So who are these Independents? What do they want? And how can the Democrats win them back?

According to Nov 4-7 Gallup Poll, 41 percent of voters now identify themselves as Independents, as compared to 26 percent who identify themselves as Republicans and 31 percent as Democrats. This 41 percent marks a high point in Gallup’s polling results for the last six years. However, since the mid-1970s, the number of self-identified “Independents” as a percent of voters has remained steadily in the 30s, occasionally flirting with the 40 percent mark.

It is obviously difficult to generalize about Independents, since it turns out they are actually quite a heterogenous group. About two-thirds  lean to one party or the other, consistently voting for that party about 80 percent of the time. However, they are less partisan than strong partisans, and there are at least a few true independents in the mix: about 10 to 15 percent of the electorate, according to political scientists.

WHO ARE THE INDEPENDENTS?

Pew probably has the best typology of Independents, breaking them up into five categories: “Shadow Republicans” (26 percent of Independents); “Disaffected Republicans” (16 percent); “Shadow Democrats” (21 percent); “Doubting Democrats” (20 percent); and “Disengaged” (17 percent).  As the names suggest, the shadow partisans vote somewhat predictably as partisans, while the Disaffected/Doubting class are slightly less reliably partisan, and the “Disengaged”, while most likely to be “true” Independents, are also the least likely to vote – only 21 percent told Pew they were planning to vote this November.

In 2010, independents broke down as 41 percent conservative, 39 percent moderate, and 20 percent liberal, at least among those who voted. In 2008, independents were 43 percent moderate, 35 percent conservative, and 18 percent liberal, a breakdown that has been roughly consistent for the last 10 years.

Though many Independents may vote like partisans, choosing to identify as Independents rather than partisans is a conscious choice. For some, it may just be because they prefer to think of themselves as “Independent” because it sounds better. It probably also reflects a certain disenchantment with either of the two parties. Accordingly, 64 percent of Independent voters say that “both parties care more about special interests than about average Americans” and 53 percent say that “I don’t trust either party.”

Independents are also more likely than not to be conflicted between the two parties: 58 percent say that ”I agree with Republicans on some issues and Democrats on others.”

Generally, Independents (particularly “true” Independents) are more likely to be younger, more male, less well educated, less well off financially, have less political information, and be less engaged politically. In the past election, Just 31 percent of Independents said that it makes “a great deal of difference which party controls Congress” – as compared to 63 percent for Republicans and 53 percent for Democrats; accordingly, 37 percent of Independents think it makes no difference at all – as compared to only 13 percent of Republicans and 17 percent of Democrats.

Finally, it is worth noting that according to Senate exit polls, the five states with the highest percentage of Independent voters are New Hampshire (44 percent); Washington (42 percent); Colorado (39 percent); Oregon (38 percent); and Hawaii (38 percent). Note that none of these are rust belt states, where party loyalty actually seems to run deeper.  Only 28 percent of Ohio voters were Independents and only 23 percent of Pennsylvania voters were Independents.

WHY DID INDEPENDENTS SHIFT TO THE REPUBLICAN COLUMN IN 2010?

There are probably four reasons why Republicans won Independents in 2010, two of which are structural, one of which is performance-based, and one of which is policy-based.

On the structural side, it is very likely the case that the Independents who turned out in 2010 were somewhat different than Independents who turned out in 2006 and 2008.  First, as compared to 2008, turnout in midterms is consistently about two-thirds lower than it is in presidential elections. This means that the mid-term election electorate (including Independents) look older and whiter, and thus typically more Republican (young people, who as noted above are more likely to be Independents, just don’t vote as often.)

Moreover, since Independents in general tend to be less politically engaged, the enthusiasm gap is going to be the most pronounced among Independents. It seems highly plausible, then, that a lot of Independent-leaning Republicans sat out the 2006 and 2008 elections while a lot of Independent-leaning Democrats sat out the 2010 elections, and for similar reasons: their preferred party didn’t seem worth turning out to support.

The second structural reason is that Independents as a category have probably become a little bit more Republican because more registered Republicans have become Independents. Consider Table 1, which takes Gallup data for the last four elections. Between 2004, Republicans fell from 38 percent to 26 percent of the electorate, while Democrats dropped only slightly.

Table 1: Changing Party Identifications

Rep Ind. Dem.
Nov 2010 26% 41% 31%
Nov 2008 28% 37% 33%
Nov 2006 31% 32% 35%
Nov 2004 38% 27% 35%
’04-’10 change -12% +14% -4%

What happened to that 12 percent of the electorate who had previously called themselves Republicans? There is good evidence they started calling themselves Independents, making Independents more conservative on the whole. Now, these were Republicans who obviously felt poorly enough about Republicans in 2006 and 2008 to no longer align themselves, and may have even voted Democrat (or more likely stayed home). But by 2010, they were back to voting Republican, even if they now thought of themselves as Independents.

Of course, this can’t and probably shouldn’t completely explain the shift. Part of it has to do with the economy. When unemployment is near 10 percent, the weakest partisans and the true Independents, who are the most sensitive to economic conditions in their voting (since they have no ideology to base their decisions), are going to punish the incumbent party.

Consider the following:  In 2006, when asked which party can better “improve the job situation,” 43 percent of Independents picked Democrats; just 24 picked Republicans. In 2010, they picked Republicans 40-35. Similar reversals have taken place on “reducing the budget deficit” (44-18 for Democrats in 2006; 44-29 for Republicans in 2010), and “managing the federal government” (38-26 for Democrats in 2006; 42-31 for Republicans in 2010).

In short, Independent voters are performance-based, and when the party in power is not producing jobs, cutting the budget, or generally running things in a commanding way, Independent voters are quicker to turn against the party in power and assume the other party deserves a chance

And finally, on the policy: since almost half of Independents call themselves moderate, a number of them were probably uncomfortable with the liberal direction unified Democratic control was taking government. There were probably some number of genuinely moderate voters who saw Republicans as a correction to Democratic extremism, just as they had recently seen Democrats as a correction to Republican extremism. They might also want divided government.

WHAT DO INDEPENDENTS WANT?

Having noted the heterogeneity of Independents as a category, it is obviously a challenge to make generalizations about what Independents want.

First of all, their top priority, like all voters polled, is “economy and jobs.” More than half (52 percent) of Independents believe that Congress should focus on economy on jobs. Though, interestingly, both Republicans (59 percent) and Democrats (57 percent) put even slightly more emphasis on jobs.

They also want both parties to moderate and compromise. By a 63-26 margin, Independents want Democrats to move to the center, and by a 50-40 margin, they want Republicans to move to the center. By a 61-32 margin, they agree that “Governing is about compromise” more than “leadership is about taking principled stands.” That puts them a little closer to Democrats (who lean towards compromise 73-21, than Republicans, who are split 46-46 on the question.)

The bad news for Democrats is that Independents are skeptical of government. More than four-fifths (82 percent) say they trust government only sometimes or never (up from 71 percent in 2006), 57 percent agree that “the federal government controls too much of our daily lives,” and 55 percent say “government regulation of business usually does more harm than good.”

However, these last two categories are not as overwhelming majorities as one might expect, given the anti-government rhetoric swirling around. And, interestingly, Independents are actually trending downward on both of these questions. In 1995, 70 percent of Independents thought that “the federal government controls too much of our daily lives.”

The good news for the Democrats is that by a 49-32 margin, Independents think that the Democratic Party: “Is more concerned with the needs of people like me.” Independents also are even more secular than Democrats, are tend to look like Democrats on the social issues (gay marriage, abortion, etc.) as well. Like Democrats, they also favor a more balanced approach to national security.

Figure 2: Issues Where Independents Look Like Democrats

source: Pew, “Independents Take Center Stage in Obama Era”

Independents also look a little bit more like Democrats than Republicans on the environment (82 percent of Independents agree that “there needs to be stricter environmental laws and regulations to protect the environment” and 53 percent agree that “protecting the environment should be given priority, even if it causes slower economic growth and some job losses”) and immigration (61 percent say they “favor providing a way for illegal immigrants already in the U.S. to gain legal citizenship.”)

Finally, by a 50-to-41 margin, Independents say they are “optimistic about the next two years with Barack Obama as president.” So they still haven’t written him off.

A CAVEAT ON “CONSERVATIVES”

Much has been made of the fact that there has been a shift towards conservatism in the electorate, and that the number of Independents identifying themselves as conservatives has ticked up a few points in the last few years. This may partially be an artifact of more Republicans moving into the Independent column, as described above. But it’s also useful to keep in mind that voters pick the conservative label for symbolic as well as substantive reasons.

According to research by Chris Ellis and James Stimson, some people genuinely know what it means to a conservative in the current political debate, and indeed express matching preferences across all issues. But these “constrained conservatives” (as Ellis and Stimson call them) account for only 26 percent of all self-identified conservatives.

More common are the “moral conservatives” (34 percent), who think of themselves as conservative in terms of their own personal values, be they social or religious. And they are indeed right leaning on social, cultural, and religious issues. But they also like government spending on a variety of programs and generally approve of government interventions in the marketplace, hardly making them true conservatives.

And still others, “conflicted conservatives”  (30 percent), are not conservative at all on the issues. But they like identifying themselves as conservatives. To them, it somehow sounds better. Or at least, they like it better then their other choices in the traditional self-identification questionnaire: moderate and liberal.

Finally, a smaller group of self-identified “conservatives” (10 percent) could be classified as libertarian – conservative on economic issues, liberal on social issues.

In other words, just because people identify as conservatives doesn’t mean that they are actually true conservatives. There are numerous reasons why they might identify so. It has long been the case that that the American public, on average, is operationally liberal and symbolically conservative. That is, that when asked about specific “liberal” government programs – be they spending on education, environmental protections, regulation of business – the majority of voters consistently say they approve. But when asked to self-identify themselves as liberals, moderates, or conservatives , many of the same voters say they are “conservative.”

LESSONS AND TAKEAWAYS

How can Obama and the Democrats win back the lost Independents? Since the Independent voters most likely to swing back into the Democratic column are also those who are the most performance-based and the least ideological, it makes sense for Obama to keep focused on economic recovery and let Republicans go pursue an extremist agenda. If Obama and the Democrats can pitch themselves as the hard-working, economy-focused force of moderation while Republicans engage in partisan bomb-throwing, many of the true swing voters who went Republican will surely have a bit of buyer’s remorse. Additionally, many younger Independents, who presumably stayed home in 2010, should come back out in 2012, helping Democrats again.

It is conventional wisdom by now that if the economy is recovering by 2012, Obama will benefit, and Democrats along with him, and this is surely true (assuming nothing else happens to overwhelm that effect). However, there is only so much the president can do to influence the economy, though he can certainly look like he is doing more.

Certainly, to the extent that Independents are distrustful of politics and parties and view both as too extreme, Obama and the Democrats will benefit by showing a willingness to compromise and moving to the political center, which Republicans are increasingly abandoning. A fundamentally moderate public will respond, especially if the economy is improving and it becomes less of an issue, meaning that something else will have to take its place in people’s minds.

If Democrats are willing to take a riskier strategy, they might goad Republicans into a few battles on issues like “Don’t Ask Don’t Tell” or even immigration, battles that will draw out the crazy side of the Republican coalition while showing the public and generally socially-liberal Independents that Democrats are on the side of social progress.

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Myths and Realities of Regulatory Uncertainty

Thursday, August 12th, 2010
Scott Thomasson



Scott Thomasson is the economic and domestic policy director for the Progressive Policy Institute. Follow @st_ppi

by Scott Thomasson

Ezra Klein joined others this week in mocking the “uncertainty” rhetoric that Republicans and some business leaders have been parroting to argue for lower taxes and lighter regulation.  As Stan Collander, Brad DeLong, and Ezra himself have all done an excellent job of arguing, there is plenty of reason for ridicule.  Most of the talk about businesses being paralyzed by uncertainty over taxes and regulations is little more than politically-driven spin.

The problem I have with Ezra’s post this week is that he chose the wrong example to pick on.  He points to Derek Thompson’s  interview with Eric Spiegel, CEO of Siemens USA, who complains about the uncertainty his company faces in the wake of the failure to pass an energy bill in Congress.  Thompson and Klein both equate this position with the less policy-specific confusion and outrage Republicans are attributing to the business community at large.   Thompson sums it up with this broad conclusion:

It’s another piece of evidence that “government should remove uncertainty” is a euphemism for “government should enact the laws that make me profitable.” For some companies, “make me profitable” might mean simply slashing taxes on income and capital gains, cutting public spending and getting out of the way. For other companies like Siemens, it means government getting in the way. It means putting a new tax on carbon, giving tax money to companies building wind blades, and adding new regulations for renewables.

In this case, there is more to it than that.  The kind of uncertainty problems that Spiegel describes are actually legitimate, at least in part.  The energy industry has been holding its breath for years waiting for the EPA and Congress to decide what they are going to do about regulating carbon emissions.  With the energy bill now faded into legislative limbo, it looks like the industry will not get the resolution it needs anytime soon, which means billions of dollars worth of investment will be trapped in limbo as well.  The uncertainty is so real that several people in the industry have privately told me that they almost don’t care what Congress chooses to do with carbon pricing, as long as it does something, so they can stop waiting and start building.   Or as another energy CEO put it recently, “There’s a lot of capital sitting on the sidelines just waiting for more regulatory clarity.”

It’s worth differentiating the energy industry’s need for long-term clarity in climate policy from the standard fear and loathing Republicans are promoting.  Here’s why.  A lot of the decisions energy companies need to make are binary choices that change dramatically depending on the policy assumptions: whether a new plant should be coal or natural gas, whether a new wind farm is viable without tax incentives, whether a new nuclear plant could be approved and running within ten years.  It’s hard to make economically rational decisions when the outcomes are so dependent on unresolved political questions.  This is fundamentally different from arguments that companies are afraid to hire new workers this quarter due to taxes or health care regulations.

There is no shortage of unsupportable statements about uncertainty that belong to the realm of political fiction.  Rep. Boehner’s latest call for a moratorium on new regulations certainly qualifies, blaming the “uncertainty that’s being created by the Democrats’ agenda” for leaving every employer and investor in America “frozen” with fear.   That kind of rhetoric is obviously exaggerated, and it should either be refuted or ignored altogether.

However, we should not allow Republicans crying wolf to drown out the voices that have legitimate gripes about regulatory uncertainties that Congress needs to address.  And we should be careful not to confuse the two for each other when we hear them pleading their case.

Is the Google-Verizon Proposal a Killer App in the Broadband Debate?

Tuesday, August 10th, 2010
Scott Thomasson



Scott Thomasson is the economic and domestic policy director for the Progressive Policy Institute. Follow @st_ppi

by Scott Thomasson

Google and Verizon have finally released the details of the policy proposal they have been negotiating for nearly a year now, and the news has generated enormous chatter around Washington and across the blogosphere, with bloggers panning it and watchdog groups warning of the end of the internet as we know it.

Obviously, advocacy groups on both sides are focused on the substance of the agreement. But I am more interested in what this means for the policy process, and how effective it will be in nudging Congress and the FCC to clarify the rules of the game for broadband internet service. What these two companies have provided is helpful: a concrete policy proposal that Congress and the FCC can consider, and that imposes a framework for targeted comments from the industry and watchdog groups.

In fact, given the weight of these two companies and the collapse last week of the FCC’s attempts at talks, the roll-out for this proposal may make it a “killer app” in the broadband debate (and not simply an internet killer, as some are calling it). Now that Google and Verizon have put a policy proposal on paper, it becomes the baseline that everyone else has to support or oppose to some degree, including FCC commissioners and members of Congress. Pressuring leaders to make decisions is an appropriate goal, and that’s what this proposal does.

As for the proposal itself, it should be judged as a work in progress. Many of the principles themselves are worthy goals: giving consumers freedom to choose content, applications, and devices; requiring more product transparency from service providers, and prohibiting paid fast lanes for internet traffic. The recommendation that the FCC have real teeth to enforce violations of the proposed rules on a case-by-case basis is a good one.

If the kind of self-regulation proposed for the broadband internet industry is going to be successful, there also needs to be enough competition in the market to empower consumers to punish service providers for violating the principles that Google and Verizon have laid out. That means that in addition to policing the market for bad apples, the FCC needs to be vigilant in monitoring the health and competitiveness of the market for broadband internet access. If there are enough companies offering similar services, and the FCC and watchdog groups hold companies publicly accountable for their behavior by informing consumers of violations, consumers can play a valuable role in policing the market by switching providers when they feel their content or services are being unfairly restricted.

Both CEOs acknowledge that “no two companies should be so presumptuous as to think they can solve this challenge alone,” and no one should see this as an end to the debate. Verizon and Google have given everyone involved a chance to speed up the process by narrowing the conversation to actual yes-or-no decision making. I commend these companies for at least trying to move the ball forward with a good-faith proposal.

Photo Credit:  Peter Huys’s Photostream