no third solution

Blogging about liberty, anarchy, economics and politics

It Doesn’t Matter Whether Income Taxes are “Constitutional”

April 12th, 2010

There is no law which will restrain a legislative branch that is set on robbing you blind. And perhaps more importantly, there are no words that any legislature, anywhere, ever, can put on paper or parchment, in order to legitimize theft. All taxes are immoral. All taxes are theft. Pretending that there’s a “legal” way to go about it is conceding defeat.

Responding to “Take the Red Pill,” Jeff Molby comments:

The problem with this type of argument is that the battle has already been lost. Even if you could conclusively prove that the income tax is unconstitutional, what good would it do? The populace wants a government that spends $3+ trillion per year. They’re not even willing to cut expenditures enough to balance the budget, so they’re damn sure not going to let one of the major sources of “revenue” disappear. It would take them less than a week to pass and ratify an amendment that completely undermines your legal victory.

I’ve been mulling over the same idea, more or less, ever since I was first introduced to this sort of tax resistance literature.

Towards this conclusion, Jeff makes a very good point: the “Red Pill” legal or constitutional argument against taxes is a red herring.

If it’s true, haven’t people used this defense successfully? If so, where are their stories. I would expect someone like Butler to have cited at least one case that turned out favorably.

And if it’s true, like Jeff Molby says, the criminals in Congress need only amend the code to close the “loopholes”.

So, if all of this constitutional legal mumbo-jumbo is true, why haven’t they closed these “loopholes”?  At the most, they would ultimately have to ratify a constitutional amendment authorizing taxes. Anyone think this wouldn’t happen if they needed it to happen?

There is at least one reason why the government could not ratify an amendment like this: It may make taxes “legal” and proper from a point in time forward but may not attach retroactively. From which the necessary implication is: every dollar of taxes that the government had hitherto taken from anyone, anywhere, ever was in-fact illegally taken.

Fortunately, they don’t need an amendment because everyone has been sufficiently beaten or threatened in to submission.

One might infer from Butler’s essay, that the code/tax laws as currently written do not violate the highest law of the land — that instead they are only interpreted and enforced in such a manner (primarily by omission and deception). But it’s not “constitutional” and it’s not legal if it’s being applied in a manner that is demonstrably at odds with the letter of the law, and any law which violates the principles of justice is itself unfit.

The idea that the whole IRS/taxation system works — that it’s this massive conspiracy of omission — because the code is constitutional, and that landmark cases in front of SCOTUS have been decided correctly (e.g., Butler’s appendix explains why these decisions applied to specific cases but they probably don’t apply to you as an individual wage-earner even though the IRS implies they do apply to you); only that in the other 99% of the time (i.e., when taxes are illegally taken from everyone else) that the law is simply ignored, that the Supreme Court would sit idly by and permits such usurpations but would readily squash any “legitimized” attempt to levy income taxes, is simply preposterous.

Congress and the IRS do have the authority to rob you, whether you like it or not.  You never gave it to them, but they never asked because frankly your opinion didn’t matter.

MSRP and Dealer Agreements: Burton vs. Sierra Snowboard

March 12th, 2010

Note: A slightly modified version of this post first appeared on aGNARchy.

This past week there’s been a big shakeup in the snowsports industry. An online retailer (sierrasnowboard.com) deeply discounted Burton merchandise, apparently breaking some retail agreement. As a result, Burton is pulling the plug on Sierra who will no longer be allowed to sell Burton snowboards and softgoods. Sierra says,

Last week after our two day hardgood sale, Burton decided to pull the plug on our dealer agreement with them. This means that at this time we no longer have the opportunity or ability to buy or sell any additional product of theirs. Yes, we do have dealer agreements about when we can discount and how much, but we’re not the only ones who play with fire like last week.

—No More Burton Discounts on Sierra

This has prompted a firestorm among snowboard bloggers and folks who follow the industry news. There’s hate on both sides, because Sierra is like the “Wal-Mart” of snowsports (except they sell name brands) and Burton dominates market share for hard- and soft-goods. I blogged about this briefly yesterday morning trying to keep it as unbiased as possible; keeping with that spirit I wanted to get my economics on.  Let’s get some details out of the way, first.

  1. People get bent out of shape because Sierra is allegedly using discounts trying to superwin, but Burton at one time tried to claim intellectual property on the entire idea of “snowboarding”, essentially trying to take royalties on every snowboard ever made by anyone, anywhere, ever. They’re just looking out for their own bottom-line, too.
  2. Burton is flexing their muscles more because they recently entered the retail game, with their own direct-to-consumer sales on the interhighway and flagship stores. But you know what? They’re only doing this to make more money and take more market share. Double-standard, anyone?
  3. The fact of the matter is that even with the discounts, the internet only accounts for ~18% of snowboards and ~25% of softgoods sales, so they’re hardly “ruining” the industry (via Transworld Business).
  4. Industry sales are down like 9%, but Burton sales are down close to 15%. Ouch!

Consider the Spin

If the retailers were banding together to keep prices high, people would raise hell over price-gouging, collusion, and cartelization. This is not different, it’s just being spun differently. When some retailers break stride with the industry and buck trends, (of course they’re just trying to make money, but that’s not a freaking crime, yet), the competition’s spin-factories start working over time, pumping out the “RUINZ TEH INDUSTRY” arguments, and you take it hook, line, and sinker. Unbelievable.

Plus, I kinda thought everyone liked low prices? Remember when CD players cost like $700? Or when a 128kb mp3 player cost like $150? They give those things away now for about $20. The companies are still making money, and we’re all happier for it.

Do Discounts Ruin the Industry?

One popular argument is based on the “war chest” myth, really an economic fallacy. It goes like this: the big corporation has a”war chest” of monopoly profits which it uses to sustain itself while taking price and driving its competition out of business, after which point it will raise prices again and thus be bad for everyone in the long run. The “war chest” argument is total B.S. for at least two obvious reasons:

  1. They don’t have a war chest of monopoly profits.
  2. Taking price on large market share means taking astronomical losses, it’s the equivalent of doubling your losing bets while playing blackjack.

It’s simply not a sustainable business model to sell product below cost, and nobody who uses this tactic remains in business for long. What I said before is important, and true:

[O]nline and discount sales hasn’t killed any industry yet. But we constantly hear about how it’s going to destroy snowboarding or the music industry or whatever. What it does do is to force change in the way things are done. … It’s the organizations which are most able to adapt to changing pressures that succeed in the long run.

The “online” is changing the way product is pushed to consumers, and in many ways this game is still evolving. This is the nature of our dynamic environment, there is no stasis. People are always going to try and find a better, faster, cheaper way to do things. Thirty years ago the airline industry told the FAA that Southwest Airlines was going to destroy the airline industry. Didn’t happen (what did happen was air-travel became more accessible and affordable to more people). In the long run, competition benefits all of us.

It’s Not Fair to Small Retailers and “Core” Shops!

An important lesson in economics and law is that most legislation aimed at fostering “competition” in order to “save the industry” usually ends up protecting certain competitors at the expense of the consumers.

The correct response to “it’s not fair to the small retailers” is that what’s “not fair” is the MSRP agreement in the first place. Of course there is inequity because Sierra has the clout to reneg on this agreement, but the root of the problem is ultimately market-power gained in an unfree market. Keep this in mind at all times.

If the manufacturer wants to prop up the small retailers, then charge a higher price and don’t give bulk discounts to the online megastores; build their “minimum acceptable price” in to the wholesale price and discriminate against different retailers. Certainly a brand like Burton (Anon, AK, Foursquare, Forum, etc.) has the market power to do this. Unfortunately, you could probably dig up a dozen precedents in anti-trust case law which would explicitly preclude the manufacturer from offering favorable pricing terms to certain retailers and “unfavorable” terms to others.

The fact of the matter is that “core” shops are going to survive. They’ll go online if they haven’t already, and market nationally as well. This flattens prices and margins everywhere. And they’ll still thrive on foot-traffic and personal service.

H.R. 3190 – A Legislative Solution?

Enter government… H.R. 3190 recently passed the House judiciary committee, it would “effectively ban manufacturers from dictating minimum prices to dealers.” But MSRP agreements are always forward looking and so Resolution 3190 ultimately isn’t going to solve the problem.

My take is that this is typical reactionary legislation that we should expect from government which is constantly trying to fix problems of its own creation. Otherwise, if a manufacturer wants to “dictate” the price, they can ask (i.e., require) their retailers to adhere to certain terms, and if the manufacturer disapproves of the retailers marketing/sales tactics, pull the plug like Burton is doing to Sierra.

Summing it Up

The idea that people would still be buying all this equipment at full MSRP if it wasn’t discounted is in direct contradiction to everything we know about price theory. All else being equal, for normal goods, people will buy a larger quantity of a product when it is offered at a lower price. If there is excess supply in the market, prices need to drop to reach equilibrium and clear out inventory.

Someone once told me that every year Ferrari takes orders for its new model. Maybe they get 1,000 people who put down a deposit to reserve a brand new Ferrari. So Ferrari goes ahead and manufactures exactly 999 new cars, thus ensuring that they’re not overproducing, in order to maintain command over a super-premium price.

Now, obviously I’m not proposing anything that extreme. It couldn’t be done with the snowsports goods, anyways, but you get the picture. There are brands out there that don’t over-saturate the market. Never Summer comes to mind, but they only make like 13,000 boards every season. The Lib Tech T-Rice is pretty hard to find these days, too. No idea how many of those they made, but what matters is they made approximately the right amount to command full MSRP on all of them.

The bottom line is that when you overproduce, there is going to be a loss on unsold merchandise, or a loss on discounted merchandise. Seems to me like Burton wants their retailers to absorb the lion’s share of these losses, and that’s not “good for the industry”, either.

Full Disclosure: I’ve bought merchandise from Sierra in the past. I’ve owned a Burton board (which I coincidentally bought from Sierra at a super-steep discount!), I love my Burton Cartel bindings, and some of my softgoods are Burton, too. I don’t have a vested interest in either side of the argument.

The Lightswitch Mentality

March 9th, 2010

An old thread on a forum I participate in was revived the other day, and I had an (ahem…) interesting discussion with a self-described police officer about drug legalization. Can you see where this is going? I’d rather not bore you with the ins and outs of the discussion (if you could call it that…), but suffice to say he was no stranger to shifting goalposts and reductio fallacies. I won’t rehash that, chances are you’ve had similar “discussions” with similar people in the past.

At one point, someone else must’ve asked him how he can possibly sleep at night. The guy says he turns off “cop mode” when he goes home, and sleeps soundly every night. Apparently, he thinks “cop mode” is a lightswitch. Turn it on or turn it off, at will.

Thing is, his words indicated otherwise—that he was completely incapable of flipping that switch to the “off” position. You know, like, everyone who’s ever smoked pot is a “thug” or a “worthless hippy” and they’re ruining ‘Merica and they all deserve to go to jail and when he goes to work tonight he’s just itching to bust someone for “possession of marijuana”. That’s how irate, how flat-out vindictive he gets when people challenge the legitimacy of a law—he wants to bust some kid merely because some other people on the internet disagree with him.

Too bad his “dickhead mode” didn’t come with an on/off switch. But I digress.

This lightswitch mentality is a huge part of the problem. It’s compartementalization, it’s what sociopaths do. It is what leads people down the path of “I was just following orders,” or “I was just doing my job,” or “I don’t make the rules, I just enforce them,” and so on.

The idea that you become something other than a belligerent with a gun and a club the moment you punch out at shift’s-end is how people rationalize, how they convince themselves that what they’re doing isn’t wrong at all. When they leave work, they’re just a “regular guy” like you and me; they have families and feelings and they like baseball and apple pie.

No, you’re fucking not a “regular guy”. A “regular guy” isn’t vindictive and belligerent. A “regular guy” doesn’t make thinly-veiled threats on internet forums (he actually said he was going to report the thread to local law enforcement—as if talking about legalization is a crime!). A “regular guy” doesn’t get a hard-on every time someone says that just maybe the war on drugs is a stupid idea and just maybe responsible adults should be allowed to be responsible on their own time.  A “regular guy” doesn’t think it’s OK for people to be shot to death for smoking a joint.

No. You’re pretty fucking far from “regular”.

no third solution

Blogging about liberty, anarchy, economics and politics