Do we crave circuses? | New NY 23rd

The government you elect is the government you deserve.— Thomas Jefferson

Do we want no more than circuses from our government? It seems so. Why else would we elect clowns as our representatives–you know who some of them are. Why do we tolerate political theater: divisive bills doomed to fail, investigations with no other purpose than partisan posturing, finger pointing, name calling, and stonewalling?

Why would we choose a movie actor or a TV personality with no experience in government as President? Did their political perspectives even matter?

Who do politicians endorse silly ideas: tax cuts increase revenue, debt ceiling restricts spending, government spending is bad regardless of it’s purpose, tax cuts for the rich benefit us all?

Why do so few representatives have vital education and experience–diplomats, doctors, scientists, historians, economists (there are probably enough lawyers)? Too many of our representatives have experience only as political operators. Is it still possible to elect someone like Daniel Patrick Moynihan (degree in Sociology, PhD in History) or Amo Houghton (Harvard MBA) to Congress?

We have the government we voted for.

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Michael W. McConnell | New NY 23rd

The validity of the public debt of the United States, authorized by law … shall not be questioned.–Fourteenth Amendment In an opinion article in The New York Times, Michael W. McConnell, a senior fellow at the right-leaning Hoover Institution, argues … Continue reading

Posted in Congress, Constitution, Political, President, Uncategorized Tagged debt ceiling, Default, Hoover Inst., Michael W. McConnell

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Numerical Control | New NY 23rd

Wow, what is it?

There is a bright future ahead for Corning Community College’s Computer Numerical Control Programming students. The future is tech and these programs are fostering growth in a rapidly growing field. — Rep. Langworthy, facebook 3/20/23

“The future is tech” is a platitude; “fostering growth in a rapidly growing field” is hyperbole.

The numeric control concept was developed in the 1950s.4 The first programable machine controls were called Numerical Controls; after 1970 they were more often called Computer Numerical Controls; any distinction is mostly advertising.

When machining something using numerical control, once the job is set up, the machine moves under the control of a program written in advance. Two jobs are involved: one person to write the program (a part programmer) and usually another (a machinist or operator) to operate the machine. Job titles, Machinist and Part Programmer, are very much the same as similar skills are required.

Numerical control was developed with two prime objectives. First, it was hoped that machines would run unattended,3 reducing the cost of labor, taking control of the shop from workers and unions giving it to management, and making production less susceptible to strikes.1 Kurt Vonnegut’s novel “Player Piano” (1952) explores this idea. Second American warplanes in the 1950s were heavy and underpowered compared to Russian MIGs. The Air Force planned to overcome this disadvantage by reducing the weight of airframes, which required complicated machining to create featherlike structures. The Air Force invested heavily in the development of numerical controlled machines.

The nightmare Vonnegut foresaw in “Player Piano2” never materialized. There will be manufacturing jobs for machinists and part programmers in the foreseeable future. Whether this will be a rapidly growing field or not depends on how successful our government is in returning manufacturing here.

Notes:

  1. David E. Nobel, “Forces of Production,” Knopf, New York, 1984
  2. The Link Trainer, developed by Ed Link in Binghamton, was based on piano technology.
  3. A VP at a manufacturing company in Rockford told me that machine operators felt they should stare at the machine while it ran. He preferred they would do something useful.
  4. John Parsons is credited with the NC concept; Jay Forrester of MIT had a key patent later acquired by Bendix Corp.

https://www.statista.com/statistics/664993/private-sector-manufacturing-employment-in-the-us/

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The STOCK Act | New NY 23rd

S.2038 – STOCK Act 112th Congress CRS Summary (Excerpts, read the whole thing here.) Public Law No: 112-105 (04/04/2012) Stop Trading on Congressional Knowledge Act of 2012 or STOCK Act – (Sec. 3) Requires the congressional ethics committees to issue interpretive guidance … Continue reading

Posted in Congress, Ethics, Political Tagged H.R. 1138, Insider trading, NY-23, Rep. Langworthy, The STOCK Act

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Foresight | New NY 23rd

Nothing has ever been achieved by the person who says “it can’t be done. — Eleanor Roosevelt, 1960 Agnes Chang and Keith Bradsher, in a May 16, 2023 article in The New York Times, discuss battery technology. They write: Despite billions in … Continue reading

Posted in Economics Tagged China, automobiles, “The New York Times”, Numerical control, Battery technology, Investment, Foresight

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Education and Academic Freedom | New NY 23rd

Friden Calculator

I will study and prepare myself, and someday my chance will come.— Abraham Lincoln

The Comstock Act of 1873 made it illegal to send obscene, lewd or lascivious, immoral, or indecent publications through the mail.

My HS, shocked by Sputnik, adopted a new math curriculum. Instead of computing the sides and angles of triangles by adding seven-digit logarithms, we studied functions and proved identities. It wasn’t radically new math, but it was a start. I don’t know if parents objected; since it was a HS class, most probably were unaware of the change.

In “Either Or,” Elif Batuman wrote her friend Lakshmi at Harvard liked to take basic courses and got all As; Selin (Elif) liked to take hard courses that she didn’t didn’t understand, hoping she would learn something interesting. I liked to take hard courses, hoping I would learn something interesting. Sometimes I did.

The University of Michigan had computers in 1960; you could watch the tape reels turn through windows at the Computer Center. You could leave a deck of cards and come back the next day to find out what you had done wrong, maybe a stray punch in column seven. We learned how computers worked in theory, but I didn’t get close to one.

As a graduate student at Wayne State University I took a course in Numerical Methods in Computing. There were two in the class who aspired to be computer programmers. They demanded to know why they had to take a math course when they only wanted to program computers. The professor patiently and futilely explained that they wouldn’t be good at it without understanding the science behind it. The main point of the course was, if you weren’t careful, the computed result might be wrong.

The Engineering School had a donated computer that we could use. We had instructions for running one particular program. You started the program and came back later to see what had happened. Sometimes it worked, sometimes it didn’t. I still didn’t know anything much about computers, but could see it was important for an engineer to understand them.

Just out of HS, the woman I later married had a job as a cashier at a department store. She added up the day’s receipts by hand. Her boss checked her results with a calculator. She wasn’t allowed to use the calculator.

My employer hired a summer student, who had the job of adding up many sets of numbers, the impedance of wires. It was expected to take months, but he borrowed a Friden Calculator and finished the job in a much shorter time. His supervisor was disgusted with him; after that, he had little to do except wait to go back to school.

At my first job, we used slide rules. My 12 inch slide rule was a source of ridicule; the senior engineers had longer, fancier ones with more scales. Mine didn’t have a loglog scale, so in the remote possibility that I needed that, it would have taken me two steps rather than one. Engineers, at least juniors, couldn’t use the computer; it didn’t have enough memory we were told.

On my second job I wrote a program to compute something. We didn’t have a computer, so the program was submitted by Teletype and ran elsewhere. If we didn’t like the results we ran it again, getting a different answer no better than the first. We knew it was futile, but kept trying.

On my third job, I finally got my hands on a computer and learned in great detail how it worked. In Elementary School, my daughter said she learned: “Control G rings the bell.”

Today, I open the paper, the Elmira Star-Gazette, and find two front page articles on education of great interest. The first concerns exams students will take. Author Gary Stern tells us new math tests are coming soon. He writes:

When the state Education Department introduced tougher tests in mid-2010s, tied to the new Common Core learning standards and new teacher evaluations, many parents protested and over 20% of student opted out from the tests.

I volunteered in a third grade classroom during that time. Mathematics had changed from the 1950s, most likely for the better. The students no longer carried and borrowed, but regrouped–the third graders explained it to me. I could see why parents had trouble helping with homework. Teachers had been exposed to the new methods, but parents had not.

Stern explains that interpreting test scores is difficult. How many correct answers determine proficiency, what does it take to make the cut? As with other computations, a small change in the input could make a big change in the output–a few students missing a few questions could cost the district, upset parents, and mischaracterize student performance.

In a second article, I read that politicians are attacking diversity in higher education. Author David A. Lieb explains that legislators, spurred by conservative think-tanks, have introduced dozens of bills to limit what can be taught.

Diversity, Equity, Inclusion (DEI) is used to describe policies and programs that promote the representation and participation of different groups of individuals, including people of different ages, races and ethnicities, abilities and disabilities, genders, religions, cultures, and sexual orientations. Lieb writes:

During a recent Missouri House debate, Republican Rep. Doug Richey put forth a series of budget amendments prohibiting state funding for DEI initiatives in government agencies and higher education. He asserted the offices espouse “racist policies” and “Marxist ideology that is trying to strip away from us the concepts of the nuclear family, of merit, of character and of being judged by what you are capable of.”

But then:

University of Missouri medical students have lobbied against the legislation, asserting it could jeopardize the school’s accreditation and prevent doctors from learning about unique circumstances affecting the health of people from various ethnic, socioeconomic and geographic backgrounds.

It feels like an attack on my identity,” said Sameeha Rizvi, a university senior who said she has benefitted from DEI initiatives as a Muslim woman of color with a disability. “It is exceptionally hurtful and tiring to see this very hateful rhetoric being employed by legislators.”

Michelle Goldberg, in an article in The New York Times on the 1873 Comstock Act, an attempt to legislate morality, tells us:

As if inspired by Comstock’s horror of “literary poison” and “evil reading,” states are outdoing one another in draconian censorship. In March, Oklahoma’s Senate passed a bill that, among other things, bans from public libraries all content with a “predominant tendency to appeal to a prurient interest in sex.” Amy Werbel, the author of “Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock,” described how Comstock tried to suppress photographs of cross-dressing women. More than a century later, Tennessee has banned drag performances on public property, with more states likely to follow.

Goldberg fears the spirit of The Comstock Act is making a comeback; she concludes:

There is something head-spinning about how quickly Comstock’s spirit of punitive repression has settled on a country where, not long ago, social liberalism seemed largely triumphant, with the rapid acceptance of gay marriage, the growing visibility of trans people and over-the-counter access to emergency contraception.

Legislatures ban books, judges overrule laws, Disney struggles with a notorious governor of Florida over diversity; Corning Inc., which relies on technology, celebrates diversity as vital to its success. America is again in turmoil, and education and academic freedom are at the center of it.

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Supreme Court Ethics | New NY 23rd

The judges, both of the supreme and lesser Courts, shall hold their Offices during good Behavior, … –Article III, Section 1 of The Constitution.

Congress “indisputably has the power under the Constitution” to “enact laws prescribing the ethical standards applicable to the nonjudicial conduct and activities of the Supreme Court of the United States.” — J. Michael Luttig, retired appeals court judge

How low can the court go? The highest court in the land should not have the lowest ethical standards. — Senator Richard J. Durbin (D-IL)

All members of the court do in fact consult the code of conduct in assessing their ethical obligations,” he wrote, adding: “Every justice seeks to follow high ethical standards, and the Judicial Conference’s code of conduct provides a current and uniform source of guidance designed with specific reference to the needs and obligations of the federal judiciary. — Chief Justice Roberts in 2011

Are reports of questionable behavior by supposedly conservative judges “an unseemly effort” to “delegitimize the Roberts court,” as asserted by Senator Lindsey Graham (R-SC), or are they obvious examples of bad behavior.

The Constitution fails to define good behavior or provide any remedy other than impeachment. The Constitution implies that there should be a Chief Justice, but grants no power over the other Justices. The Chief Justice has been described as “the first among equals.”

Congress could attempt by law to impose ethical standards on the Justices. Paradoxically, the Court could rule against that. Could the Court remove a Justice for bad behavior? It never has done that.

Read more here.

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A Republican Form of Government | New NY 23rd

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.–Article IV, Section 4 of The Constitution

[W]e may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior. It is ESSENTIAL to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it; . . . It is SUFFICIENT for such a government that the persons administering it be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified[.]–James Madison, Federalist 39

Madison say a Republican Form of Government:

  1. derives all its powers directly or indirectly from the great body of the people
  2. is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.
  3. be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it
  4. persons administering it (the government) be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified

There is reason to doubt that the Federal Government today meets Madison’s standard for a “Republican form of Government,” thus is unable and unwilling to guarantee that to the states.

  1. The electorate is something less than “the great body of the people.”
  2. Many hold office for no reason other than party allegiance, whether their behavior be good or not.
  3. The wealthy class has undue influence.
  4. Some elected officials hold office in spite of bad behavior.

I disagree with Madison’s condition of “limited terms;” I believe experience is important in government as in other human endeavors and that term limits alone are no guarantee of good behavior. Perhaps experience was less valuable in Madison’s time.

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Asa Hutchinson | New NY 23rd

I think it will be a narrower field than 2016 (when 17 Republicans fought it out). It will be more like eight. Trump is not the standard bearer. He’s out of office, and I don’t consider him the leader of our party. We’re fighting for new leadership.–Asa Hutchinson

I was born in the old Bentonville Hospital; my first law office was across the square from where we stand today; I tried jury trials in this courthouse; I built Bentonville’s first FM radio station; I served as Bentonville’s City Attorney; and this is where Susan and I started our family and spent some of our happiest years living on 15 acres of rocks and hills west of town in a double-wide mobile home.

It was here on these steps, over 30 years ago, that I announced my run for the United States Senate. At that time Arkansas was a blue state and the Republican Party was pretty much non-existent. I stepped up to take on runaway federal spending; to fight for a strong national defense; to support the life of unborn children; and to unleash the private sector of our economy.

In other words, I ran as a conservative Republican when being a Republican was like having a career-ending handicap.

I continued to fight the establishment and over time . . . we won.

That was the beginning and since then I have been a consistent conservative through my time as leader of the party; in the U.S. Congress and as Governor.

As a former Undersecretary of Homeland Security during the George W. Bush administration, I see what is happening along our southern border and recognize the severe lapse in leadership from the Biden-Harris administration. This administration is showing weakness every day, which jeopardizes the safety of our ranchers and families along the border and signals to the world that the United States is no longer interested in protecting our nation.

A strong national defense is the bedrock of our democracy. I have served at the highest levels when it comes to ensuring America remains strong in our national defense and that Americans are protected. Our men and women in uniform deserve our best and I will never stop fighting for those who selflessly serve our nation.

For too long, America has been dependent upon China for the stabilization of our economy. We can continue a trade partnership with China, but it must be one that protects American interests and promotes American ideals.

Russia is a threat to our national security and a threat that must be taken seriously. As Undersecretary of Homeland Security, I have firsthand experience dealing with world leaders to keep America safe.

In our democracy, the rule of law is foundational. The law undergirds liberty when the law is applied equally, with restraint and for the greater good. Yes, we must keep violent offenders off our streets and behind bars, but we must also address unfairness in sentencing. We can — and should — do both.

Every American feels the strain of an overburdensome tax code. We must reform our tax code nationally and lower taxes just as I did in Arkansas.

It is long past time for a nationally robust infrastructure package. Highways, roads, and bridges across this country are in desperate need of repair. Additionally, access to high-speed broadband — for all Americans — is imperative to our future success as a nation. Republicans on Capitol Hill support this endeavor, but they do not — nor should they — support the out-of-control and unnecessary spending promoted by national Democrats.

The federal government should never be the sole provider of healthcare to Americans. If that happens, quality of care will decline. We must instead return to the power of consumer choice. These are the virtues that improve quality and lower costs. States must also be given the freedom and flexibility to innovate in order to meet the unique challenges at home.

Our nation’s founders understood that rights are not given by man, but rather bestowed upon us by our Creator. This worldview is foundational to good governance and the success of the United States of America.

The success of any democracy is dependent upon agreement on a set of values. For America, we are all in this great land because we or our ancestors left other shores in search of freedom and greater opportunity. The freedoms that unite us are enshrined in our Bill of Rights. And, it is our Constitution which limits the power and role of government therefore proscribing how different parts of government act as a restraint against the cumulative power of the whole of government. Today, we have a nation divided and we must return to what brings us together and not what pulls us apart. That is why it is so important that we seek out leaders that bring out the best in America rather than those that give in to our worst instincts. I believe that we must respect dissent and stand together on the common ground of freedom, equality, and fairness.

Our nation is blessed with tremendous energy potential and leaders in Washington, D.C. should implement policies to unleash it. Unfortunately, the Biden-Harris administration has done the opposite by imposing a federal ban on oil and gas leases. Americans deserve plentiful, affordable energy options, and we should not be beholden to the threats and whims of foreign adversaries for our energy needs. As president, I will pursue policies to make our great nation energy independent.

I find Gov. Hutchinson’s positions long on generalities and short on specifics. He says: I will pursue policies to make our great nation energy independent, but doesn’t say what those policies are or why they are in the public interest. He assumes that conservative is good, which begs the question.

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Insider Trading | New NY 23rd

CRS Summary (Excerpts, read the whole thing here.)

Public Law No: 112-105 (04/04/2012)

Stop Trading on Congressional Knowledge Act of 2012 or STOCK Act  (Sec. 3) Requires the congressional ethics committees to issue interpretive guidance of the rules of each chamber, including rules on conflicts of interest and gifts, with respect to the prohibition against the use by Members of Congress and congressional employees (including legislative branch officers and employees), as a means for making a private profit, of any nonpublic information derived from their positions as Members or congressional employees, or gained from performance of the individual’s official responsibilities.

(Sec. 4) Declares that such Members and employees are not exempt from the insider trading prohibitions arising under the securities laws, including the Securities Exchange Act of 1934 and Rule 10b-5.

Requires the U.S. Judicial Conference to issue interpretive guidance of similar ethics rules, including the Code of Conduct for U.S. Judges, applicable to: (1) federal judges, and (2) judicial employees.

(Sec. 14) Declares that the transaction reporting requirements established by this Act shall not be construed to apply to a widely held investment fund (whether a mutual fund, regulated investment company, pension or deferred compensation plan, or other investment fund): (1) if the fund is publicly traded or its assets are widely diversified, and (2) the reporting individual neither exercises control over nor has the ability to exercise control over the financial interests held by the fund.

(Sec. 15) Denies Civil Service Retirement System (CSRS) or Federal Employees’ Retirement System (FERS) retirement benefits (other than a lump-sum reimbursement of personal contributions) to the President, the Vice President, or an elected official of a state or local government, if convicted of certain felonies.

Requires such an individual to recuse himself or herself whenever there is or there appears to be a conflict of interest with respect to the subject matter of the statement. Requires the individual, upon such a recusal, to notify the supervising ethics office and submit the relevant disclosure statement.

(Sec. 18) Amends the federal criminal code to subject to a fine or imprisonment of up to 15 years, or both, as well as possible disqualification from holding federal office, certain covered government persons, in addition to Member of Congress and congressional employees, who with the intent to influence, on the basis of partisan political affiliation, an employment decision or employment practice of any private entity: (1) takes or withholds, or offers or threatens to take or withhold, an official act; or (2) influences, or offers or threatens to influence, the official act of another.

Extends the meaning of “covered government person” (currently restricted to Members of Congress and congressional employees) to include the President, Vice President, an employee of the U.S. Postal Service or the Postal Regulatory Commission, or any other executive branch employee.

Read more about the STOCK Act here.

The executive branch of the Federal Government is responsible for enforcement of the STOCK Act. It isn’t clear if it is effectively enforced or not. Former Rep. Chris Collins (R-NY) resigned from Congress and pleaded guilty to insider trading in 2019. Others allegedly acted on insider information relative to Covid-19. Prosecution may be difficult unless there is a trail of evidence showing intent. There are calls for further reform. Here is one proposal:

CRS Summary

Prohibiting Insider Trading Act (Introduced in House 02/21/2023)

This bill prohibits Members of Congress (or their spouses) from holding or trading certain investments (e.g., individual stocks and related financial instruments other than diversified investment funds, investments in the federal retirement savings plan, or U.S. Treasury securities).

Generally, the prohibition applies seven days after the first day of a Member’s initial term, though for current Members, it applies on the first day of the second session of the 118th Congress. Additionally, the prohibition does not apply to assets held in a qualified blind trust.

Any profit stemming from a prohibited holding or transaction must be disgorged to the Treasury and may subject the Member to a civil fine. Additionally, a loss stemming from a prohibited holding or transaction may not be used as an income tax deduction.

Each Member must submit an annual certification of compliance to the supervising ethics office. The office must publish each certification on a public website and periodically audit Members’ compliance with the bill’s provisions.

Rep. Langworthy (R-NY) is a cosponsor of H.R. 1138, which currently has 4 cosponsors (3 are Democrats). It has little chance of becoming law. Notably, it would prohibit Members of Congress (or their spouses) from owning individual stocks. I think it goes beyond what’s reasonable.

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