Improving Government

Government has a mix of problems. Sometimes it regulates too much, sometimes too little, sometimes it owns too much, sometimes too little, sometimes it is just operated in the wrong way. This post is a grab bag of ideas about improving it.

* Sidewalks should be publicly owned and maintained. Individual responsibility of property owners for this doesn't work because low rates of non-maintenance (including lack of prompt snow removal) makes the network of sidewalks much less valuable.

* Bicycles should usually not share roads with cars and trucks. They should use sidewalks or dedicated, protected bike paths and lanes.

* Amtrak has failed and should be shut down outside the Northeast Corridor.

* The U.S. Postal System worked well for a long time, but in the era of widespread parcel delivery services and e-mails and texts, it no longer does. Strong Veteran's preferences and higher pay than private sector equivalents don't justify it. Free mail for incumbents in Congress don't justify it. Delivering junk mail is not a good enough reason for a massive public enterprise. Fewer and fewer letters of significance are delivered that way. Money orders are no longer economically important and can be provided by private commercial banks and money services. Subsidizing rural living isn't a good reason for it.

* Occupational licensing is required when it shouldn't be. When it is required, requirements like a lack of a criminal record are often inappropriate for people who have been non-recidivist for a long enough time (about five to seven years) when the risk of future crime fades to the background level. Worse yet is construction trade licensing at the local level when it should be at the state level, fostering a high level of non-compliance. Independent legal para-professions should be allowed much more liberally, although licensing that might be appropriate. There should be a common database of licensing discipline since many disqualifying acts for one profession should also apply to others.

* Zoning and land use regulation should be dramatically paired back and places like Colorado finally realize that this is true and driving high housing prices. Deregulating is better than mandating affordable housing or rent control. Development fees to mitigate externalities of government costs caused by development, however, make sense. 

* Involuntary landmark designation is almost always a bad idea and an unfunded mandate. If it is important enough historically to preserve the government should buy it and rent it.

* Building codes are critical and non-compliance with permit requirements is far too high. But building codes are also too restrictive and the processing of building permits is much too slow. A system of private building code compliance auditors similar to the CPA system might be better.

* We should do a better job of discouraging people from building disaster prone housing in flood zones, fire zones and other "stupid zones".

* We should do a better job of encouraging off site manufacturing of buildings and large building modules.

* Property taxes are a decent way to finance local government (and shouldn't exempt non-profits and governments other than the one imposing them) but are a bad way to finance public K-12 education which is the main way that they are used now.

* Electing coroners, treasurers, clerks, surveyors, secretaries of state, engineers, and judges (even in routine judicial retention elections) is a horrible idea.

* Electing sheriffs and district attorneys and attorneys-general isn't as horrible an idea, but is still a worse idea than having elected officials appoint them, directly or indirectly.

* State and local school and college boards would be better not elected by the general public. Local school boards should be elected by student's parents. College boards could be elected by alumni or appointed by the elected official who make their funding decisions. State school boards should be appointed by the state officials who fund state K-12 education.

* Shorter ballots are better. In the England, there is one nation election in which you vote for a single legislator on a partisan ballot in a single district, irregularly, but not less than every five years absent a world war, for a government that does everything that the state and federal governments do in the U.S., with no primary elections since parties nominate their own candidates internally, and there is one set of partisan local council elections for one or two posts, and there are few referenda a lifetime, and they are democratic enough, despite having a monarchy and a house of lords. Very modest public electoral input is enough.

* I don't favor a system quite as simple as England's. But we should still have much shorter ballots.

* Rare recall elections make sense for officials who serve longer terms and perhaps for judges and other public officials who are now elected but shouldn't be.

* State constitutions and local charters should have less detail and so that changes to them should be things that require voter approval and not housekeeping measures.

* Some referenda on tax and debt issues is appropriate, but Colorado, with TABOR overdoes it. New taxes, and not new revenues from existing taxes, should get public votes. Maybe bond issues that commit a government to substantial tax obligations from general revenues but not renewals of them.

* Citizen initiatives have their place in overcoming systemic flaws in the legislative system and making elections interesting to voters. But it should be a bit harder and more structured and generally should avoid spending and taxing decisions that need to be made globally.

* Colorado mostly does the probate process right, although probate procedure could use more structure. Most states make the process too intrusive.

* When there is a single post in a candidate election, dispensing with primaries, having a majority to win requirement, and having runoff elections would be preferable to first past the post elections and to instant runoff elections.

* There would be merit to electing state legislatures and state congressional delegations by proportional representation.

* There would be merit to making state legislatures unicameral.

* The electoral college should be abolished in favor of a direct popular vote.

* The franchise should be expanded. The voting age should be reduced to sixteen. Non-citizens should be allowed to vote. Felons, even felons in prison, should be allowed to vote (in their pre-incarceration place of incarceration).

* HOAs are horrible but sometimes necessary institutions. They should be abolished or replaced where possible, and be restructured with fewer powers and less discretion where not possible. HOA covenants are routinely unreasonably restrictive.

* Municipal ordinances related to zoning and land use should have fines or other civil penalties, not criminal penalties.

* Arbitration on the U.S. model is usually a bad idea and should be banned in many circumstances.

* We should have a more pro-active way of intervening in cases where people are mentally ill or cognitively impaired, and the system for adjudicating these cases is too cumbersome.

* Single judges should not handle parenting time and parental responsibilities cases, and the best interests of the child standard should have more detailed substances to guide it. Alimony should also be less discretionary.

* There should be a right to counsel in all cases involving "persons" such as child custody cases, protective proceedings, and immigration cases.

* Forum shopping in the federal courts needs to be better restrained, and allowing a single forum shopped judge to issue national injunctions is problematic.

* After some rocky starts, regulation and technical private management of junk faxes, junk telephone calls, and even junk email has made some real progress. Social media junk is less well regulated.

* Privacy regulation often does more harm than good. Juvenile justice privacy does more harm than good in most cases, educational privacy goes too far, and Europe's GDPR goes too far. Secrecy around ownership of closely held companies is too great and the exception under the Corporate Transparency Act is far too complicated. There are places for privacy regulation but it needs to be cut way back. Secrets are often harmful in hard to quantify ways.

* Cryptocurrency serves few, if any, legitimate purposes, is an environmental disaster, and should be discouraged.

* Programs to help the poor need to have much less paperwork and red tape; means testing is rarely a good choice unless it is integrated into the tax system.

* Some tax credits for poor and middle income people, like the Earned Income Tax Credit and the Obamacare insurance premium subsidies, are far too complicated.

* State and local government funded free wi-fi for all would make lots of sense.

* There is a logic to allowing vouchers for religious private K-12 schools, but on balance it does too much to support religious institutions at public expense. Charter schools, i.e. public schools with autonomy from school boards, are a better approach. School choice of some kind does make sense among public ordinary and charter schools, ideally, statewide, rather than only within a school district.

* Boarding schools attached to high schools in more urban areas would be a better alternative to highly subsidized tiny rural high schools.

* We do a horrible job of managing the business of health care. The requirement that doctors be the sole owners of medical practices also forces them into being small business owners when they are ill suited to that part of their jobs and leads to bad systems and poor health care administration and bad financing arrangements. Almost every other country, in many varied models, does a better job. The current system results in overpaid health care providers (doctors, nurses, drug companies, medical equipment companies, private hospital system owners, etc.), for inferior results. Our drug prices and medical equipment prices and ambulance prices and ER prices are all vastly higher than in other countries and this isn't mostly driven by private pay medical education or medical malpractice lawsuits.

* We need to create more medical school slots. We have too few doctors and are compensating for that with too many senior paraprofessionals like nurse practitioners, physician's assistants, and midwives. We should also allow more non-M.D.'s to provide the care that psychiatrists do since the knowledge base for psychiatrists doesn't overlap heavily with that of M.D.'s and where it does overlap can be taught separately.

* The substance of pass-through taxation in taxing closely held business income once at roughly individual tax rates while allowing limited liability, is good, but the actual pass-through tax mechanism is not. Subchapter K of the Internal Revenue Code is not a good approach for taxing closely held limited liability entities, it complexity, it phantom income, and more don't work well. A double taxation reducing or limiting variation on the C-corporation model would be much better.

* We do a poor job of taxing hot assets in international taxation.

* We lack adequate guidance for remote worker labor and tax regulation, and haven't updated our laws adequately to reflect the era of independent contractors.

* We over regulate many prescription drugs and under regulate supplements and herbal remedies and the like. Homeopathic remedies and other supplements need to be regulated more like drugs. Prescription drug approval when approved elsewhere should be easier. Prescription approval for experimental drugs for the terminally ill, or in a pandemic, should be easier. More non-abuse prone prescription drugs should be available over the counter or with pharmacist approval.

* Prostitution should be decriminalized or legalized to a greater extent.

* We vastly under-regulate firearms and explosives and military equipment.

* We do a poor job of commercial air travel security, imposing too much of a burden and delay for too little benefit in a security theater way, at an excessive cost and a greatly excessive externality cost. We also do a crap job of managing luggage charges and checked luggage, and we are more inefficient than we need to be in how quickly commercial aircraft are loaded and unloaded.

* Uber, etc. revealed that we over-regulate taxis, but that we do need some regulation to assure riders are safe from dangerous or dangerous to them drivers.

* Buses and intracity rail won't thrive until we make them feel safer and comfortable.

* Public energy utilities do mostly a good job, except in Texas which opted out of the national energy grid.

* Clean water and good sewage treatment should be expanded urgently to places like Indian Reservations and Flint, Michigan.

* To better disentangle church and state, the charitable income tax deduction (but not the gift and estate tax deduction) for contributions to religious organizations (but not the tax exemption for churches) should end, the parsonage exemption should end, the property tax and sale tax exemptions for churches should end, the investment income of churches should be taxed as a corporation, and the ban on politics by churches should end.

* There should be more power to compel road maintenance below some standard.

* There should be a power to compel HOAs to do their jobs for all members, similar to landlord-tenant maintenance claims.