“The Enemy Within”: The Koch Brothers, Where Money Equals Freedom And Government Equals Evil
I love a good fight between bad entities, which is why I’m enjoying the brawl that’s taking place between the Koch Brothers and the Republican Party. Too bad they can’t both lose.
The controversy over the effort by libertarian ideologues Charles and David Koch to, in essence, buy the Republican Party provides us an opportunity to once again point out the fundamental malevolence of libertarian ideology. Libertarianism is nothing more than a shameless effort to glorify selfishness, which is why the ideology has such a narrow appeal.
In the libertarian world, the only citizen who has any actual rights is the wealthiest citizen. That citizen can pollute for free, pay people slave wages, put unsafe products on the shelves, and ignore common-sense work safety standards. Local, state and federal governments would, in essence, stand down as the tycoon abuses the population for profit.
This is the sick, dark vision of people like Charles and David Koch–a vision in which money equals freedom and government equals evil. It’s a vision in which being poor and sick means being dead and buried. It’s a vision in which severe economic inequality is considered the natural and logical order, the way things ought to be. It’s an amoral, abhorrent vision.
It was the vision that guided David Koch’s 1980 vice-presidential bid, as Vermont Senator and Democratic Presidential candidate Bernie Sanders noted in April 2014:
In 1980, David Koch ran as the Libertarian Party’s vice-presidential candidate in 1980.
Let’s take a look at the 1980 Libertarian Party platform.
Here are just a few excerpts of the Libertarian Party platform that David Koch ran on in 1980:
“We urge the repeal of federal campaign finance laws, and the immediate abolition of the despotic Federal Election Commission.”
“We favor the abolition of Medicare and Medicaid programs.”
“We oppose any compulsory insurance or tax-supported plan to provide health services, including those which finance abortion services.”
“We also favor the deregulation of the medical insurance industry.”
“We favor the repeal of the fraudulent, virtually bankrupt, and increasingly oppressive Social Security system. Pending that repeal, participation in Social Security should be made voluntary.”
“We propose the abolition of the governmental Postal Service. The present system, in addition to being inefficient, encourages governmental surveillance of private correspondence. Pending abolition, we call for an end to the monopoly system and for allowing free competition in all aspects of postal service.”
“We oppose all personal and corporate income taxation, including capital gains taxes.”
“We support the eventual repeal of all taxation.”
“As an interim measure, all criminal and civil sanctions against tax evasion should be terminated immediately.”
“We support repeal of all laws which impede the ability of any person to find employment, such as minimum wage laws.”
“We advocate the complete separation of education and State. Government schools lead to the indoctrination of children and interfere with the free choice of individuals. Government ownership, operation, regulation, and subsidy of schools and colleges should be ended.”
“We condemn compulsory education laws … and we call for the immediate repeal of such laws.”
“We support the repeal of all taxes on the income or property of private schools, whether profit or non-profit.”
“We support the abolition of the Environmental Protection Agency.”
“We support abolition of the Department of Energy.”
“We call for the dissolution of all government agencies concerned with transportation, including the Department of Transportation.”
“We demand the return of America’s railroad system to private ownership. We call for the privatization of the public roads and national highway system.”
“We specifically oppose laws requiring an individual to buy or use so-called ‘self-protection’ equipment such as safety belts, air bags, or crash helmets.”
“We advocate the abolition of the Federal Aviation Administration.”
“We advocate the abolition of the Food and Drug Administration.”
“We support an end to all subsidies for child-bearing built into our present laws, including all welfare plans and the provision of tax-supported services for children.”
“We oppose all government welfare, relief projects, and ‘aid to the poor’ programs. All these government programs are privacy-invading, paternalistic, demeaning, and inefficient. The proper source of help for such persons is the voluntary efforts of private groups and individuals.”
“We call for the privatization of the inland waterways, and of the distribution system that brings water to industry, agriculture and households.”
“We call for the repeal of the Occupational Safety and Health Act.”
“We call for the abolition of the Consumer Product Safety Commission.”
“We support the repeal of all state usury laws.”
In other words, the agenda of the Koch brothers is not only to defund Obamacare. The agenda of the Koch brothers is to repeal every major piece of legislation that has been signed into law over the past 80 years that has protected the middle class, the elderly, the children, the sick, and the most vulnerable in this country.
Libertarian ideology is nothing less than an existential threat to America’s security, cohesion, safety and health. It seeks to undo the social bonds that tie us together. It wishes to turn rich against poor and powerful against weak. It recognizes no moral code except for that established by the self-serving billionaire.
All of us–progressives, centrists, moderates, even the handful of rational conservatives left–have a moral obligation to fight the cancer of libertarianism and keep it from growing within the body of our democracy; if we don’t fight it, our democracy will soon wind up in hospice care. We must condemn libertarianism as a radical ideology that’s every bit as pernicious as the radical ideologies of the past. We must educate our young people to understand that the end result of Ayn Rand is a social and economic wasteland. We must challenge libertarian ideologues and denounce them for their efforts to destroy the policies that have kept our nation strong since the New Deal. We must, in essence, declare war on libertarian ideology, for it is at war with America’s best values.
Since libertarianism is an assault on our country’s protections and principles, one cannot be both a libertarian and a patriot.
The Kochs have chosen sides.
Which side are you on?
By: D. R. Tucker, Political Animal Blog, The Washington Monthly, June 14, 2015
“Bobby Jindal, Crony Capitalist”: Giving A Whole New Meaning To The Term “Corporate Welfare”
As much as I hate entertainment tax credit programs, and as obsessed as I’ve become with the bottomless well of opportunism known as Bobby Jindal, you’d think I would have guessed at the cash nexus underlying the prize endorsement of the Lousiana governor’s proto-presidential candidacy by Duck Dynasty star Willie Robertson. But afraid it took a report from Bloomberg Politics‘ Margaret Newkirk to get me to see the connection:
Louisiana Governor Bobby Jindal, a potential Republican presidential candidate, is trying to close a $1.6 billion budget hole without touching as much as $415,000 per episode in tax breaks that may be due to “Duck Dynasty.”
The A&E television reality show takes part in the nation’s most generous entertainment-tax credit program. Jindal is proposing no changes, arguing that reducing such breaks is tantamount to raising taxes. The state approves enough incentives each year to make up at least $200 million in proposed cuts that led Louisiana State University to say that it may plan for insolvency….
Louisiana, which was the site of the most English-language film productions in the U.S. in 2013, pioneered movie credits, approving the program in 2002. All but 13 states now have such programs, according to Film Production Capital, a New Orleans firm that brokers credits….
Feeding Time Productions LLC, which produces [Duck Dynasty], has submitted expenses for its first four seasons that would qualify it for $11 million in credits once approved, according to state data. That includes $4.6 million for the fourth season, or $415,000 per episode. None have yet been certified.
Louisiana offers movie makers credits for 30 percent of in-state spending and allows them to be sold to brokers.
Film-production companies set up as limited liability companies don’t owe corporate taxes in Louisiana. Most therefore sell their credits to someone that does. They are also allowed to sell them back to the state for 85 cents on the dollar.
That’s right: it’s not enough for Louisiana to let film and TV production companies eliminate their state tax liabilities; the state gives them “transferable” tax credits that can be sold on special markets to companies that do have tax liability, and if that fails the state will buy them back. So this is the corporate version of the “refundable tax credits” poor people get via the EITC.
This makes me kind of ill as an abstract matter, and gives a whole new meaning to the term “corporate welfare.” But it’s especially egregious in a state like Louisiana, with a horrendous budget shortfall, and even violates Jindal’s own principle that cutting back on refundable tax credits (e.g., credits from the business inventory tax) doesn’t violate his no-tax-increase pledge.
I’m not saying Bobby’s taking this inconsistent and politically damaging position strictly out of solicitude for Duck Dynasty; he’s slippery enough that there are usually multiple reasons for every objectionable thing he does. But on the other hand, when Mike Huckabee was going out of his way to pander to the Robertsons in his recent book, he didn’t have tax credits to hand them either, did he?
By: Ed Kilgore, Contributing Writer, Political Animal Blog, The Washington Monthly, May 4, 2015
“The Framers Distrusted The Corporate Form”: Toxic Law; How Corporate Power And ‘Religious Freedom’ Threaten Democracy
Corporations from Apple and Angie’s List to Walmart and Wells Fargo exercised their power last week against laws that give aid and comfort to bigots. But don’t be too quick to praise their actions.
Commendable as these corporate gestures were, they also illustrate how America is morphing from a democratic republic into a state where corporations set the political agenda, thanks to a major mistake by Democrats in Congress. What they did has resulted in Supreme Court decisions that would infuriate the framers of our Constitution.
The framers distrusted the corporate form. And they made plain their concerns about concentrations of economic power and resulting inequality, worrying that this would doom our experiment with self-governance. Surely they would be appalled at the exercise of corporate influence last week. For the companies opposing “religious freedom” laws in Arkansas and Indiana were concerned with human rights only in the context of profit maximization, which is what economic theory says corporations are about.
Where are the corporate actions against police violence? Or unequal enforcement of the tax laws, under which workers get fully taxed and corporations literally profit off the tax laws? Or gender pay discrimination? And when have you heard of corporations objecting to secret settlements in cases adjudicated in the taxpayer-financed courts, especially when those settlements unknowingly put others at risk?
The so-called religious freedom restoration statutes in Arkansas, Indiana and 18 other states reflect a growing misunderstanding of the reasons that American law allows corporations to exist, a misunderstanding that infects a majority on our Supreme Court.
Corporations, which have ancient roots, serve valuable purposes that tend to make all of us better off. We benefit from corporations, but they must be servants, not masters.
Confining corporations to the purposes of limiting liability and creating wealth is central to protecting our liberties, as none other than Adam Smith warned 239 years ago in The Wealth of Nations, the first book to explain market economics and capitalism.
There is no fundamental right to create, own or operate any business entity that is a separate person from its owners and managers. Corporations exist only at the grace of legislators.
But in 21st-century America, corporations are increasingly acquiring the rights of people, which is the product of an unfortunate 1993 law championed by Democrats that now helps bigots assert a Constitutional right to discriminate in the public square.
Concern about corporations and concentrated power that diminishes individual liberties has become increasingly relevant since 2005, when John Glover Roberts Jr. was sworn in as chief justice of the United States.
Roberts and other justices who assert a strong philosophical allegiance to the framers’ views have been expanding corporate power in ways that would shock the consciences of the founders — especially James Madison, the primary author of our Constitution, Thomas Jefferson and John Adams.
In 2010, the Supreme Court ruled that corporations could spend unlimited sums influencing elections in the Citizens United decision. Now, as a practical matter, no one can become a Democratic or Republican nominee for president without the support of corporate America.
And, central to the Arkansas and Indiana legislation, the Supreme Court last year imbued privately held corporations with religious rights in the Hobby Lobby case.
The Roberts court invented all of these rights. Principled conservatives should denounce such decisions as “judicial activism,” yet nary a word of such criticism appears in right-wing columns and opinion magazines.
Today’s corporations have their roots in ancient trusts created to protect widows and orphans who inherited property. Hammurabi’s Code provided for an early version of trusts. Later the Romans created proto-corporations to manage public property and the assets of those appointed to oversee the far realms of the empire.
Managers of these early corporations had very limited authority, what the law calls agency, over the assets entrusted to them. Today, corporate managers have vast powers to buy, sell and deploy the assets they manage. They can do anything that is legal and demonstrates reasonable judgment.
Spending money to elect politicians (or pass anti-consumer laws) is perfectly fine under current law if it advances the profit-making interests of the company. Last week, we saw companies denounce bigotry against LGBTQ people, but of course they did so in terms of protecting their profits.
Walmart, the nation’s largest employer, opposed signing the Arkansas bill into law: “Every day in our stores, we see firsthand the benefits diversity and inclusion have on our associates, customers and communities we serve.” Apple CEO Tim Cook said, “America’s business community recognized a long time ago that discrimination, in all its forms, is bad for business.”
But creating efficient vehicles to create wealth by engaging in business does not require political powers, as none other than Supreme Court Justice William Rehnquist noted in a dissent.
Where we have gone furthest astray under the Roberts court is in last year’s Hobby Lobby decision. It imbued privately held corporations with rights under the First Amendment, which says, in part, “Congress shall create no law respecting the establishment of religion or prohibiting the free exercise thereof.” Based on Hobby Lobby, both the Arkansas and Indiana laws were crafted to provide a defense for bigoted actions by businesses.
Yet laws requiring businesses to serve everyone, without regard to their identity, do not inhibit the free exercise of religion. A law that requires a florist or bakery to serve people in same-sex weddings as well as different-sex weddings may trouble the merchant, but it does not inhibit religious activity.
The corporate power on display in the so-called religious freedom restoration cases stems from a Supreme Court case that upheld the doctrine of laws of general applicability.
In 1990, the Supreme Court held that Oregon jobless benefits were properly denied to two Native Americans who worked at a drug rehab facility and who also, as part of their well-established religious practice, ingested peyote, a controlled substance.
Justice Antonin Scalia, who claims to follow the original intent of the Constitution’s drafters, wrote the opinion. He held that “the right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability’” such as denying jobless benefits to drug users.
Scalia cited an 1879 Supreme Court ruling in a test case known as Reynolds in which a Brigham Young associate asserted that federal laws against polygamy interfered with the “free exercise” of the Mormon brand of Christianity.
In that case, as Scalia noted, the high court had rejected the claim that criminal laws against polygamy could not be constitutionally applied to those whose religion commanded the practice. “To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself,” the conservative justice wrote.
Two years later, Congress undid that sound decision with passage of the Religious Freedom Restoration Act, a sloppily crafted bill introduced by then-Rep. Chuck Schumer (D- NY), and championed in the Senate by another Democrat, the late Ted Kennedy (D-MA).
It was this law, undoing Scalia’s sound Supreme Court decision, which enabled corporations to exercise their power for a particular cause that is in their interest, namely ending bigotry. Such actions may be laudable, yet still dangerous.
Corporations are valuable and useful vehicles for creating wealth. But they are not and never should be political and religious actors. As artificial “persons,” they should not be imbued with political or religious rights.
We need to keep corporations in their place. Otherwise, next time, their profit maximization may work against your liberties.
By: David Cay Johnston, The National Memo, April 4, 2015
“The Limits Of Corporate Citizenship”: Why Walgreen Shouldn’t Be Allowed To Influence U.S. Politics If It Becomes Swiss
Dozens of big U.S. corporations are considering leaving the United States in order to reduce their tax bills.
But they’ll be leaving the country only on paper. They’ll still do as much business in the U.S. as they were doing before.
The only difference is they’ll no longer be “American,” and won’t have to pay U.S. taxes on the profits they make.
Okay. But if they’re no longer American citizens, they should no longer be able to spend a penny influencing American politics.
Some background: We’ve been hearing for years from CEOs that American corporations are suffering under a larger tax burden than their foreign competitors. This is mostly rubbish.
It’s true that the official corporate tax rate of 39.1 percent, including state and local taxes, is the highest among members of the Organization for Economic Cooperation and Development.
But the effective rate – what corporations actually pay after all deductions, tax credits, and other maneuvers – is far lower.
Last year, the Government Accountability Office, examined corporate tax returns in detail and found that in 2010, profitable corporations headquartered in the United States paid an effective federal tax rate of 13 percent on their worldwide income, 17 percent including state and local taxes. Some pay no taxes at all.
One tax dodge often used by multi-national companies is to squirrel their earnings abroad in foreign subsidiaries located in countries where taxes are lower. The subsidiary merely charges the U.S. parent inflated costs, and gets repaid in extra-fat profits.
Becoming a foreign company is the extreme form of this dodge. It’s a bigger accounting gimmick. The American company merges with a foreign competitor headquartered in another nation where taxes are lower, and reincorporates there.
This “expatriate” tax dodge (its official name is a “tax inversion”) is now at the early stages but is likely to spread rapidly because it pushes every American competitor to make the same move or suffer a competitive disadvantage.
For example, Walgreen, the largest drugstore chain in the United States with more than 8,700 drugstores spread across the nation, is on the verge of moving its corporate headquarters to Switzerland as part of a merger with Alliance Boots, the European drugstore chain.
Founded in Chicago in 1901, with current headquarters in the nearby suburb of Deerfield, Walgreen is about as American as apple pie — or your Main Street druggist.
Even if it becomes a Swiss corporation, Walgreen will remain your Main Street druggist. It just won’t pay nearly as much in U.S. taxes.
Which means the rest of us will have to make up the difference. Walgreen’s morph into a Swiss corporation will cost you and me and every other American taxpayer about $4 billion over five years, according to an analysis by Americans for Tax Fairness.
The tax dodge likewise means more money for Walgreen’s investors and top executives. Which is why its large investors – including Goldman Sachs — have been pushing for it.
Some Walgreen customers have complained. A few activists have rallied outside the firm’s Chicago headquarters.
But hey, this is the way the global capitalist game played. Anything to boost the bottom line.
Yet it doesn’t have to be the way American democracy is played.
Even if there’s no way to stop U.S. corporations from shedding their U.S. identities and becoming foreign corporations, there’s no reason they should retain the privileges of U.S. citizenship.
By treaty, the U.S. government can’t (and shouldn’t) discriminate against foreign corporations offering as good if not better deals than American companies offer. So if Walgreen as a Swiss company continues to fill Medicaid and Medicare payments as well as, say, CVS, it’s likely that Walgreen will continue to earn almost a quarter of its $72 billion annual revenues directly from the U.S. government.
But as a foreign corporation, Walgreen should no longer have any say over the size of those payments, what drugs they cover, or how they’re administered.
In fact, Walgreen should no longer have any say about how the U.S. government does anything.
In 2010 it lobbied for and got a special provision in the Dodd-Frank Act, limiting the fees banks are allowed to charge merchants for credit-card transactions — resulting in a huge saving for Walgreen. If it becomes a Swiss citizen, the days of special provisions should be over.
The Supreme Court’s “Citizens United” decision may have opened the floodgates to American corporate money in U.S. politics, but not to foreign corporate money in U.S. politics.
The Court didn’t turn foreign corporations into American citizens, entitled to seek to influence U.S. law and regulations.
Since the 2010 election cycle, Walgreen’s Political Action Committee has spent $991,030 on federal elections. If it becomes a Swiss corporation, it shouldn’t be able to spend a penny more.
Walgreen is free to become Swiss but it should no longer be free to influence U.S. politics.
It may still be the Main Street druggist, but if it’s no longer American it shouldn’t be considered a citizen on Main Street.
By: Robert Reich, The Robert Reich Blog, July 6, 2014
“Walmart On Welfare”: The First 39 Minutes You Are On The Job Each Week Goes To Provide Welfare For Walmart And The Waltons
Next time you drive past a Walmart, think about how much in taxes you pay to subsidize the nation’s largest private employer, owned by the nation’s richest family.
Your cost this year: $247 if you are single, $494 if you are a couple, and $987 if you are a couple with two kids.
And you pay whether or not you shop at Walmart or its Sam’s Clubs.
Put another way, if you are single and a minimum-wage earner, the first 39 minutes you are on the job each week just goes to provide welfare for Walmart and the Waltons.
For a family of four, the cost of welfare for Walmart and the Waltons probably comes to more than your weekly take-home pay, based on government data on incomes.
American taxpayer money explains almost a third of Walmart’s worldwide pretax profits last year. But that understates the scale of taxpayer assistance to the retailer, which made 29 percent of its sales overseas last year.
Figure about 44 percent of Walmart’s domestic pretax profits were contributed by local, state and federal taxpayers directly and indirectly, based on company disclosure statements.
These figures on welfare for Walmart and the Waltons were calculated from a report released today by Americans for Tax Fairness, part of a broad coalition of union, civil rights and other organizations trying to shame the Walton family into paying wages that if not good, are at least enough to make sure Walmart employees do not qualify for food stamps.
So far the Waltons have shown themselves to be shameless and utterly unapologetic for foisting any of their costs onto taxpayers instead of earning their way in the marketplace.
This is in a way not surprising. The best-known heir of the retailing innovator Sam Walton, his daughter Alice, 64, has a long history of drunk-driving accidents, including killing a woman hit by her vehicle.
While repeat drunk drivers are routinely prosecuted in most jurisdictions, often as a matter of policy, and upon conviction get the time behind bars their conduct deserves, to date no law enforcement agency has seen fit to prosecute Alice Walton. Instead she basks in the glow of encomiums for the philanthropy enabled by the fortune her father built and boosted by the steady flow of money taxpayers are forced to give her, her relatives and other Walmart investors.
Compared to this taxpayer largesse, Walton philanthropy is small change.
The Walton Family Foundation ranks 22nd in America with $2.2 billion in assets, which may seem large. But Walmart and the Waltons have already extracted that much from the taxpayers this year. In fact they hit about $2.2 billion of taxpayer subsidies on Saturday, April 12, based on the Americans for Tax Fairness report.
The $7.8 billion a year annual cost estimate in the new report is based on a study last year by the House Education and the Workforce Committee Democratic staff. It showed that each Walmart in Wisconsin costs taxpayers between $905,000 and $1.75 million in welfare costs.
Americans for Tax Fairness extrapolated to all the Walmarts in America based on that study and then took into account other costs taxpayers are forced to bear to subsidize the company and, thus, its controlling owners, the Waltons.
The study estimates that if the subsidy costs were divided equally among the company’s 1.4 million American workers, the cost would be $4,415 per Walmart employee.
Welfare for Walmart workers, the Americans for Tax Fairness report says, costs $6.2 billion, making it by far the bulk of the costs taxpayers must bear.
The study estimates that only $70 million is for the use of tax dollars to build Walmart stores, distribution centers and other property provided by the largesse of the taxpayers. That number is small because Walmart has pretty much built out across America.
To date Walmart has probably received $1.5 billion from taxpayers to build and equip stores, distribution centers and other buildings, according to Phil Mattera, research director at Good Jobs First, which on a budget of about $1 million annually has for years dragged out of local, state and federal officials details of how much welfare Walmart gets.
The discounted rates at which dividends are taxed, a policy first put forth by then-President George W. Bush in 2003, save the Walton heirs $607 million in taxes annually, the Americans for Tax Fairness report calculated from company disclosure reports.
One aspect of the report should be regarded with caution.
Americans for Tax Fairness says Walmart saves $1 billion each year by taking advantage of an almost universally used method to deduct the value of new equipment quickly rather than slowly. It is called accelerated depreciation.
That lowers taxes in the early years after an investment is made, but it means higher taxes in later years. The proper way to measure this is how much less the future taxes are worth because they are delayed between one and 20-plus years. A more realistic figure is probably $100 million, a tenth of what the report says.
Despite this, I used the report’s estimate of accelerated depreciation costing $1 billion annually in calculating how much it costs you to subsidize Walmart and the Waltons.
That caveat presented, the core issue here is why does Walmart need welfare? Indeed, why has welfare become almost universal among large American companies, some of which derive all of their profits from stealth subsidies?
Walmart is far from alone among big corporations that do not depend on what they can earn in the marketplace, but instead extract your tax dollars to juice their profits.
Every big company I know of (except one) not only takes from the taxpayers, but has its hands out for all the welfare it can collect in the form of tax dollars paying for new buildings, exemptions from taxes, discounted electricity, free job training and all sorts of regulatory rules that thwart competition and artificially inflate prices. From Alcoa and Boeing on through the alphabet, America’s big companies – and a lot of foreign-owned companies – are on the dole.
The one exception is Gander Mountain, a chain of retail stores that sells sporting goods, especially for hunting and fishing. It refuses all welfare and once sent a check for $1 million to a municipal agency after being alerted to a hidden subsidy.
Imagine how much more money you would have in your pocket if the Waltons stood on their own proverbial two feet, pulled themselves up by their own bootstraps, and gave back all the welfare they have taken year after year after year.
Then ask yourself why you voted for any politician in either party who has not introduced legislation and regulations to stop this and recover that money – with interest.
By: David Cay Johnson, The National Memo, April 14, 2014
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