Our Dues

November 29, 2020

by Steve Stofka

In the vacant greenspace near my childhood home some kids built a makeshift treehouse using cardboard and pieces of plywood. My brother and I occasionally played baseball and football with these guys, but we didn’t hang out all the time. I pulled myself up and sat in the treehouse, surveying the area from this private space.

One of the kids lived across the street from the tree and came running over. We needed to pay dues to use the tree. How much? Half of my week’s allowance. Too much. My little brother for free. How come he gets in free and I have to pay? They used a ladder to get the plywood up there. If the tree house had a ladder, maybe it would be worth it. No ladder. Negotiations broke down, but we respected their space.  

A few weeks later, a city crew mowed the tall grass, weeds, and flowers, and removed the treehouse. Even though the space was public, the public didn’t own the space, my dad explained; the city owned it. “Who did the city buy it from?” I asked my dad. He shrugged and guessed it was the Indians.

As a kid I struggled to understand the difference between owning something and using something. We could use public spaces, but we couldn’t dispose of them, like selling them to someone else. The example everyone used was the Brooklyn Bridge. Any person who offers to sell you the bridge is trying to cheat you.

As a result of this, many of us associated ownership with responsibility. If the city owns the Brooklyn Bridge, then the city is responsible for the bridge. Many people extended this association to other common goods: our schools, roads, parks, museums, hospitals, and libraries; and to public goods: the air we breathe, the water we drink; and to our natural resources: our forests, national parks and seashores. We could use them, but some government was responsible for them.

The Buddhist, Christian and Jewish traditions charge us to help the poor. Despite this moral tradition, too many of us believe that the poor are responsible for their own condition. Why? If it’s their problem, we don’t have responsibility. If it is not their problem, it’s the “city’s” responsibility. What a wonderful relief to have dodged that problem!

We have many programs to help the poor; despite this, thousands of poor crowd our downtown streets. Driven by crime and power struggles in other nations, poor people come to our country to make a better life for themselves.

This week the Supreme Court will hear arguments whether the Trump administration can exclude illegal immigrants from the census count. If the court rules in favor of the administration’s position, New York, Florida, Texas, and California will lose representation and Federal funding for programs that help the poor.

Like many of our common resources, people can attend their local church without contributing to the collection basket. However, members of the congregation are supposed to put money in the collection basket, not take it out. Should the same rules apply to the people of an entire nation?

Most of us are net takers from the collection plate because we benefit from the institutional wealth accumulated by our society, the congregation. We do not own the wealth, but we use the wealth without paying our dues. Instead we store those savings inside of us in different forms: education, skills, health and a respect for law. Undeveloped countries do not pass the collection basket around; it stays in the inner sanctum away from the prying fingers of the congregation.

The urbanization of the American population has taken place over the past 150 years; in China it has happened in the past 20 years. Freed from the need to grow our daily food from the land where we live, we have congregated in the cities, where we can tap the wealth of our institutions.

An entire set of property rights had to be negotiated for any of us to have access to a familiar institution: the internet. Institutions are built on incentives and regulations; without incentives, an institution becomes weak. Without regulations, corrupt. When regulations overwhelm the incentives, the institution becomes a yoke; the concentration of political power within Executive agencies is an example. When incentives control the institution, it becomes a rampaging monster; slavery was an example.

Many of us are distrustful of institutions; we may dislike our growing dependence on them. The American myth was built on the self-reliant individual as exemplified by the actor John Wayne. Most westerns dwell on the romantic individual, not the quotidian institutions that supported that individual. How did the wood get to the prairie to build the cabin? How did the guns, the saddles and all the accoutrements of the cowboy get made? A network of connected industry and artisans.

In the past century we have established several institutions whose benefits are accessible only by those who have paid a lifetime of dues: Social Security and Medicare. These are built on the Catholic Clubhouse model for admission to heaven: pay dues for most of a lifetime before admission to the benefits of the clubhouse.

The fitness club model lets a person access all the benefits of the club from the moment they start paying dues. The Universal Basic Income (UBI) plan is such a model in disguise (Yang, 2020). Wait, what?! One of the features of UBI is that people start getting money from the federal government even if they don’t pay federal income taxes. Where’s the dues, dude?

The funding for the program comes from a 10% VAT tax, a value added tax on many goods and services. It is a sales tax added at the production point, not at the transaction point, so it is added to the cost of goods. Because most people spend all their income, the UBI payment is put back into the economy. The dues and the UBI payment happen simultaneously.

Imagine a fitness club which pays its patrons $10 a month to join the club, the amount of the monthly dues. Why would they do that? The gym equipment is part of a network that generates electricity while the patrons work out; they generate the power for the club each month. How does the club make money? The patrons are more productive away from the gym and earn more income. The businesses that surround the gym get more sales from the gym patrons and pay a fee to the gym. The city makes no additional sales tax from the gym but makes a great deal more tax from the surrounding businesses.

Can a business model like the UBI be successful? Yes. It promotes local business growth, reduces uncertainty for firms and people, and circulates money in the economy. It incentivizes micro businesses to take a risk and boost the fortunes of local communities. In supporting the financial fitness of our communities, it promotes the fitness of our families.

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Photo by Fidel Fernando on Unsplash

Yang, A. (2020). The Freedom Dividend, Defined – Yang2020 – Andrew Yang for President. Retrieved November 28, 2020, from https://www.yang2020.com/what-is-freedom-dividend-faq/

Photo by Scott Graham on Unsplash

The Social Contract

July 5, 2020

by Steve Stofka

Am I my brother’s – or sister’s – keeper? If I am, what is the extent of that care and concern? We’ve been discussing this issue for a few thousand years, and this pandemic brings several issues to a sharp focus. On this Independence weekend, how independent are we? How do we view the social contract?

Writing in the 1840s, Ralph Waldo Emerson distinguished between “direct” and “reflex” recognition of duties (Emerson, 1841). A direct type is one based on principles that we respect and embrace. A reflex type is one we recognize simply because others hold it as a duty. The second type is like wearing an uncomfortable style of shoe because it is a popular style. Who decides what my duties are?

There was a video of Florida protesters chanting, “My body, my choice.” Sound familiar? No, it wasn’t a pro-choice rally. It was a protest of the governor’s requirement that people wear masks. Is my freedom more important that your health? Let’s say that it is. It’s a soccer match and the team “My Freedom” with green uniforms beats the team “Your Health” in blue uniforms. Should choices about priorities be a dualistic – win or lose – debate? We are often forced to make such choices when we vote.

This past week two women in their twenties walked out of a clothing store. One hurriedly took off her mask and said, “God, I can’t stand these things.” Her friend was calm and kept her mask on as they walked to their car. Some people may protest “My Freedom” when it’s just a matter of being uncomfortable. Chanting “My Freedom” sounds like a principle. It’s noble. Chanting “My Comfort” sounds like an 18-year old who wants to wear sandals and surfer shorts to a job interview.

Most hospital employees who have contact with patients must wear masks or they are fired. Businesses serving the public may require that their employees wear masks as well. So why the objection to being told to wear a mask at the park or beach? Several decades ago, many people had this same debate about seat belts and being forced to wear helmets while operating a motorcycle. Does the government have a right to require people to wear safety equipment?

NO) It’s my body and I have a right to not wear a seat belt or a helmet.
YES) We don’t have a constitutional right to drive. It is a state-issued license.

In 1972, the Supreme Court settled the legal question, concurring with many state Supreme Courts that people did not have a constitutional right to drive a vehicle (Jones & Bayer, 2007). The case was about helmet laws for motorcycle drivers but the decision threatened car manufacturers who did not want to be forced to install seat belts in cars. Federal legislation was passed that exempted states who wanted to repeal helmet laws. Three states still don’t have helmet laws. Despite more than a decade of legal battles and lobbying, Congress passed legislation that required seat belts to be installed in new vehicles (Wolinsky, 1985).

What is a license and what is a right guaranteed by the Constitution? In 2012, the Supreme Court heard a legal challenge to the ACA, or Obamacare. Does the government have a right to require a person to buy health insurance?

YES) The government requires that people buy auto insurance. Same thing.
NO) Health insurance is our health, the act of simply being alive. That is a right protected by the Constitution. The government cannot require you to buy health insurance.

In 2012, the Supreme Court agreed with the No argument. “The federal government does not have the power to order people to buy health insurance,” Chief Justice Roberts wrote (Norman, 2012). However, the government can charge a person a tax for not buying health insurance. The penalty was a tax. With that understanding, Obamacare was allowed to stand.

Wearing a seat belt or motorcycle helmet protects us. Wearing a mask protects others. Don’t we have a duty to others in our community? Isn’t that part of the implied social contract? This debate is similar to the one about vaccines, especially those given for childhood diseases. Getting a vaccine helps protect others. Can a public school require my child to be vaccinated?

The Yang Gang is a group of supporters named after former Presidential candidate Andrew Yang. He proposed a Universal Basic Income program that would send money to most households every month. The program recognizes human dignity and provides a minimum threshold of financial support. Members of the Yang Gang recognize a broad social contract that includes a duty to help support others. Their motto is “not left or right, but forward.”

Some recognize two forms of the social contract. The first is an involuntary participation in society that is regulated by a coercive government. This is the reflexive form of duty that Emerson wrote about. We accept the rules, duties and principles even if we don’t agree with them. We make a bargain to ensure some security of our freedom and property. The second type of social contract is voluntary, or at least non-coercive, akin to what Emerson called a direct duty. This includes our family, our church, civic groups and the people we mingle with.

We feel strongly about our opinions, and weigh the various aspects of an issue differently. Emerson thought each person’s synthesis of experience was unique and that each of us formed “a new classification” of the world. A democracy requires consensus. In a nation that prides itself on its independence, we have chosen a form of government that makes us dependent on each other to create the rules for our society. On July 4th , we declared our independence from Britain, and our in-dependence on each other.

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Photo by Scott Graham on Unsplash

Emerson, R. W. (1841). On Self-Reliance. American Transcendentalism Web. Retrieved July 04, 2020, from https://archive.vcu.edu/english/engweb/transcendentalism/authors/emerson/essays/selfreliance.html

Jones, M., & Bayer, R. (2007, February). Paternalism and its discontents: Motorcycle helmet laws, libertarian values, and public health. Retrieved July 04, 2020, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1781413/

Norman, J. (2012). Supreme Court Upholds Health Care Law in 5-4 Decision. Retrieved July 04, 2020, from https://www.commonwealthfund.org/publications/newsletter-article/supreme-court-upholds-health-care-law-5-4-decision

Wolinsky, L. (1985, February 19). Big Lobbies Clash in Fight on Seat Belts : Hearings Open Today as California Joins Auto Safety Debate. Los Angeles Times. Retrieved July 04, 2020, from https://www.latimes.com/archives/la-xpm-1985-02-19-mn-546-story.html.