Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, August 8, 2006

On the Proposed Repeal of the Estate Tax (and Other Matters)

Thought this column, in part about the proposed repeal of the estate tax, might interest MOJ-readers and even help relieve some summer doldrums:]

New York Times
August 6, 2006

Everybody's Business

My Country, Right and Wrong (but Why So Wrong?)

LIKE many people, I am attracted to puzzles. I don’t do crossword puzzles, and I no longer read many mysteries, but I am impressed at the number of conundrums there are in this world.

One of the ones that continues to baffle me is the criticism of oil companies in Congress and in the mainstream media, because oil companies have been very profitable. No one has been able to prove price-fixing. The Federal Trade Commission specifically studied the subject, and found neither price-fixing nor gouging by any major oil company.

I agree the profits are very large in absolute numbers, but in relative terms they are nothing like investment bank profits. Why do we not raise an eyebrow when hedge funds make huge profits by moving around pieces of paper and roiling markets — creating no social good I can see — but raise a ruckus when oil companies make profits while keeping the whole nation going?

I see the hand of an archaic envy here, and it’s a dangerous hand.

A second puzzle, and this is a killer: “Supply side” economists say that by lowering taxes, we create more prosperity and more tax revenue because we stimulate economic activity. One way, supposedly, is that people work harder — that is, more hours a week. With taxes cut, we keep more of what we earn, so we’ll work more.

(Of course, you could also say that if we keep more of what we earn, we won’t need to work as much, so we’ll work less. But no one pays much attention to that, so we won’t either for right now.)

And, in fact, if you think about it, how else could income tax cuts stimulate economic activity except by encouraging Americans to work more or else by having more Americans in the labor force?

Yet, the number of hours Americans work per week has barely budged in the five years since President Bush’s tax cuts, and is very much less than the number of hours worked per week on average in 1959, when tax rates were far, far higher than they are now.

Moreover, the percentage of male Americans in the labor force has fallen by 10 full percentage points from 1959 to now. Overall labor force participation has barely changed since 1989 — almost entirely because of very large growth in the female labor force — and has moved almost not at all since the Bush tax cuts were passed.

If the personal income tax cuts are not working to stimulate the economy through added labor, then just how are they working — or are they working?

A puzzle: we have all heard corporate executives say that American workers are paid too much; that our industries cannot compete with foreign makers because our labor costs are so high that if we used American union labor, we would see profits evaporate.

And yet, hourly wages in this country, adjusted for inflation, are below what they were in 1972 (when my pal, Richard Nixon, was president) by a substantial amount. But to hear corporate leaders tell it, this is still far too high to allow competition with foreign entities.

Now, you would think that if this high-priced American labor were in fact pressing corporate backs to the wall, profits would be stagnant or falling. But in fact, in the last several years — and especially the last few quarters — corporate profits as a percentage of sales were the highest they have been since 1965 — roughly 9.6 percent before tax and roughly 7.4 percent after tax.

In total, profits are by far the highest they have ever been, running at a rate of very roughly $1.38 trillion in the first quarter of 2006. As a percentage of gross domestic product, profits are also the highest they have been since the statistics began being kept in 1959 — roughly 12.7 percent.

Don’t get me wrong. I like profits, a lot. They are what the capitalist society is all about. But why are we outsourcing, why are we moving our work overseas, if our corporations are so profitable? And if our corporate world is so profitable, how come so little of the growth goes to workers’ wages? How come — as an average number — basically none of the growth goes to the ordinary worker’s wages? I am not saying this to encourage strikes. I am genuinely puzzled about it.

Could it be that just the threat of moving jobs overseas (very few have in fact actually been moved as yet) keeps labor cowed? Is the vast labor force of Asia and the Third World in fact something like “the reserve army of the unemployed” that Karl Marx described in his critique of capitalism?

I hate and detest Marx and everything he stands for, but he was a shrewd observer. In any event, what’s going on? How can retail stores keep wages so low? All service jobs that have to be done in person are not going to be shipped to Guangdong or Mumbai. Then why don’t their wages rise?

Next mystery: in a nation with stupendous deficits even at the peak of the business cycle, with forecast deficits of nuclear-disaster status, how can it be important to repeal the estate tax? Isn’t there enough income and wealth inequality in America? Don’t we need the revenue? How on earth can any social good come from making taxes on the rich even lower than they are? How does this bind the nation together in time of war?

Don’t get me wrong about this one, either. My father died in 1999. My sister paid a stunning tax on his estate and I would have preferred to keep the money. But my father was intensely grateful to this country for the opportunities it had afforded him. So are my sister and I. We don’t see any unfairness in paying back to the government that pays the soldiers and marines and pilots and sailors who defend us and allowed our little family to move to the suburbs. (Actually my sister lives in Brooklyn, but that’s another story.)

Why should the very rich not pay their fair share of the burdens of government? I could see a different argument if we were not hundreds of billions in the red, but in the real world, how can repeal or a drastic cut in the estate tax make social, moral or fiscal policy sense?

HERE’S my final puzzle: in a world that is clearly going down the tubes, where the forces of barbarism are on the march and the forces of civilization cannot stop them, why don’t we all spend a large part of every day being grateful we are where we are?

This country, with all of its problems, with all of its inequality and puzzles, is a verdant, lovely garden compared with the shrieking lunacy in so much of the world outside it. Let’s appreciate it enough to keep it.

Every question and criticism I make is within the context of a deep pride and thankfulness for being in America. I wake up in America the way I wake up in my own skin, to paraphrase my new hero, Philip Roth, and it’s an old skin, but it’s mine and I love it.

Ben Stein is a lawyer, writer, actor and economist. E-mail: [email protected].

Monday, August 7, 2006

CLT and the Security Council

For a number of days now it has been reported that the Security Council is attempting to reach agreement on a resolution or series of resolutions dealing with the situation in Lebanon and Israel. While progress on the political front including the insertion of an effective peacekeeping force is welcome, the question must be asked if this is all that the Council, the countries involved, or the UN can achieve.

Back in 1947, the General Assembly adopted Resolution 181 calling for the establishment of two States, one Arab and one Jewish, that would live side by side in peace and harmony. That was not only a noble objective; it was also realistic. Almost sixty years later, only one State has been established and the peace and harmony that was sought by the terms of the Resolution remain elusive.

Does CLT have a response to this ongoing crisis that no one, including the UN, has been able to resolve? I will suggest a tentative answer in the affirmative that is based on certain elements of Catholic thought on the international order that have been developed over the past century.

Most if not all of the valiant laboring for peace in this troubled region does not seem to acknowledge the fact that both contingents involved in the conflict fear each other. Fear—particularly the fear of difference—is a compelling driving force that can lead one people, and their respective government, to consider another people as an object—“the other.” The “other” can then be dehumanized and considered inferior. And with dehumanization, the other people easily become targets of organized military actions or terrorism that are disproportionate and indiscriminate and seemingly free of moral considerations.

Diplomacy will and must play a role in terminating the current bloodshed in Israel and Lebanon, but what will direct this diplomacy? I would humbly suggest diplomatic approaches that strive not for those political solutions that will likely preserve advantages that one side will retain over the other; these will only sustain the sense of difference that fuels the fears underlying the conflict. Rather, the diplomats (guided by the Catholic perspective on the international order) should emphasize what can easily bridge the differences—for example, a common hope in the future that the children of today can look forward to a tomorrow in which the present strife is replaced with cooperation where such things as agricultural and industrial trade, cultural exchange, and regional security become routine. This is possible if each side’s fears of the other are put aside. This course is also demonstrative of the common good, which reveals that the destinies of two peoples are inextricably related. Strife for one will inevitably mean strife for the other; but, peace and prosperity for one will ensure the same for the other.

In the meantime, the focus on differences appears to predominate, but this can change if the merits of the alternative supplied by Catholic thought are not only considered but adopted.     RJA sj

More from Lemmons on Bridegroom Analogy

Following up on her discussion of male priesthood, UST philosopher Mary Lemmons sent me some speculation (if not anwers) about the questions raised by Eduardo this past March about applying the bridegroom/bride analogy in the context of the requirement that priests be heterosexual.

It's important to realize that the bridegroom/bride analogy as it pertains to Christ and the Church also pertains to Christ and the people of God.  As such, the analogy teaches that every human being is to relate to Christ as to the bridegroom. Moreover, since Christ as the bridegroom signifies sacrificial love on the Cross and the Church as bride signifies responsive love, it is the feminine paradigm that images how every human being is to correctly relate to Christ, i.e., feminine responsiveness is the properly human response to God. Our responsiveness to Christ transforms us, especially through the Eucharist, into His image. Thus, women as well as men are called to image Christ.
Given this, it remains puzzling that the Catholic Church, in all her rites, has decided to restrict priestly ordination to heterosexual men. By so doing, the Church invites us to mediatate on heterosexuality: why is heterosexuality so important? Why did God create the human race as divided into males and females?
John Paul II in his Catechism on Genesis teaches that human beings image God best in moments of heterosexual, spousal union; because then we best image the Trinity. Could it thus be that part of the reason why the Church restricts priestly ordination to heterosexual men is to call attention to heterosexuality and the radical incompleteness of masculinity without femininity as well as the incompleteness of femininity without masculinity? Such radical incompleteness identifies the indispensability of both sexes as well as the need for each sex to relate to the other through equally reciprocated acts of self-giving love.  Could it be that by restricting priestly ordination to heterosexual men, while also identifying ordained priests to be images of Christ,  the Church is seeking to teach men that their masculinity achieves its highest fulfillment in a self-sacrificial love unafraid to embrace the Cross for the good of others?  Could it be that men especially need this message?
Lisa

A "Save the Date" Post: Catholicism and the Court

We've blogged before about the reasons for and implications of the Catholic majority on the Supreme Court.  If you're interested in the topic and have plans or just an inclination to be in the Twin Cities on November 10 (even though ice fishing season probably won't start for few weeks thereafter), you might want to check out this symposium at St. Thomas Law.  Judge O'Scannlain from the Ninth Circuit will give the lunch address, and there's a good roster of other speakers.

Tom

Catholic Theologians on the Faithful and Women Priests

In regard to my question on whether faithful Catholics must assent to the judgment that the Church lacks authority to ordain women, in 1997 the Catholic Theological Society of America overwhelmingly endorsed the conclusions of this paper expressing skepticism that the reasons "given by the Congregation [for the Doctrine of the Faith] justify the assertion that the definitive assent of the faithful must be given to the teaching that the Church has no authority whatsoever to confer priestly ordination on women."

Rob

Teens, Sex and Music

Sexually explicit music is just reflective of teenage social reality, right?  Wrong.

Rob

Sunday, August 6, 2006

Shoot First

The culture of life property has been given a boost by the trend (15 states in the last year) of expanding the right to kill home or vehicle intruders, as states eliminate the duty to retreat and the requirement of proving that the shooter feared for her own safety. 

Rob

Tax Policy, Progressivity, and Catholic Social Thought (Part Two): The Need for Empirical Evaluation of Tax Equity

The fundamental principle of Catholic Social Teaching ― that taxes necessary to generate government revenue should be imposed in proportion to capacity to pay ― often is mistranslated into a supposed precept that a tax is properly “progressive” only when it involves an escalating sequence of rates that increase with income or whatever is the subject of the tax. Likewise, some appear to believe that the presence or absence of a graduated scale of rates is the crucial or even solitary measure of tax virtue. Neither presupposition is correct.

First, the magisterial teaching of the Church directs that taxes be imposed by governments in a manner “proportioned to the capacity of the people contributing.” Pope John XXIII, Encyclical Letter Mater et Magistra ¶ 132 (1961). Proportionality, not progressivity as re-defined to be synoymous with higher marginal rates, is the standard of tax equity. As long as taxation falls fairly upon those capable of paying, in proportion to that ability to pay, escalating rate brackets are not an essential feature. The expectations of Catholic Social Teaching are satisfied by a tax that exempts those unable to pay, that requires a reasonable contribution from the average taxpayer (considering the rate, deductions, and exemptions), and that collects a larger amount from those with higher capacity to pay (although not necessarily at an enhanced marginal rate). Graduation of rates may well be appropriate in some circumstances and to some degree and may be consistent with proportional capacity to pay, but progressive tax rates are neither necessary nor even sufficient in evaluating fair proportionality.

Second, and more importantly, the true burden of a particular tax upon demographic groups in society requires nuanced and critical analysis. A simple reference to tax rates set forth in legislative text in the abstract of political debate cannot substitute for careful study of the real consequences on real people in application in the fact-bound contexts of economic, social, and cultural activity. The empirical question is whether the tax oppresses the poor, unduly burdens the middle class, and unfairly advantages the wealthy. Expanding ratios and varying rates may be a factor, but such elements are not always conclusive and do not always unfold as expected. Whether a particular system of tax rates or particular type of tax offends principles of Catholic Social Teaching cannot be decided in the abstract.

For example, any sales or consumption tax would appear on its face to be hopelessly regressive in nature (and many may well be). But if the necessities of daily life are exempt from sales tax (such as food, clothing, and housing), if sales tax is not imposed against basic human services (medical care, etc.), and if other appropriate adjustments are made, a sales tax may become somewhat more progressive in application (as it would attach more directly to the wealthy who spend more both in real dollar terms and as a share of income on non-basic goods and services). For example, the Catholic bishops of Tennessee report that the regressive impact of the sales tax on the poor in that state is driven primarily by its application to food. My point here is not that any particular sales tax regime passes muster, or that alternatives may not be prefereable, but rather that any critique on Catholic Social Thought grounds must move beyond simply identifying the type of tax.

On the other side of the coin, what appears to be a progressive tax in theory may be much less so in reality. An income tax, even one with graduated rates, may be constructed in such a way that the wealthy are able to shield sufficient income through tax shelters that the actual tax burden is shifted down the income ladder. Again, my point here is not to offer a commentary on the progressive or regressive nature of the present federal and state income tax regimes. Nor do I mean to discount the potentially beneficial nature of certain deductions and exemptions that may greatly enhance positive incentives, additional factors beyond mere progressivity that cannot be neglected. Rather, I mean here only to insist that reciting the formula of a tax as set down on paper does not necessarily describe its application in the real world.

As another example, many people across the political spectrum have questioned the wisdom of the corporate income tax and challenged its purported progressivity. After all, only natural people pay taxes, not artificial entities such as corporations. The corporate income tax thus is merely a conduit for collecting revenue from people, specifically owners of corporate stock (many or most of whom today are workers saving for retirement) and consumers who pay higher prices for goods as the corporate tax is tacked on as part of the cost of doing business. Again, my point today is not that the corporate tax does or does not pass the proportionality test for tax equity. Rather, I mean to insist that any evaluation of its supposed progressivity must focus on who actually pays what, not on the assumption that this tax must be progressive because it is calculated by graduated rates and imposed against publicly-held corporations which are regarded as proxies for the wealthy.

In a final posting, tomorrow or the next day, I’ll introduce a further and vital dimension in evaluating tax policy. Moving beyond the equities of the formulation of a tax scheme in collecting revenue, I’ll emphasize the need to consider as well the secondary and frequently unanticipated consequences of taxation. Before we may pronounce any social justice verdict upon any tax system, we must consider as well the dynamic effects of taxation upon the economic and cultural sectors of our society.

Greg Sisk

Susan B. Anthony House

Feminists for Life received a lot of press attention at the time of Chief Justice Roberts' nomination, due to the fact that his wife, Jane Roberts, had been a board member and provided them with pro bono legal advice.  I just received a delightful announcement from FFL:

Pro-Life Feminist Purchases Birthplace of Susan B. Anthony

The birthplace of suffragist organizer Susan B. Anthony was sold at auction today, August 5, 2006, after unsuccessful efforts to find a buyer for the historic home in Adams, Massachusetts.

Carol Crossed, a member of the Board of Directors of Feminists for Life of New York, a Chapter of Feminists for Life of America, purchased the historic house.

While Feminists for Life of America will not own the house, the pro-life feminist organization will manage and care for the birthplace. FFL’s national office will remain in the Washington, D.C., area. A panel of experts will be assembled to determine the best use for the dwelling. Others who care about Susan B. Anthony will be provided a means to contribute ideas.

Feminists for Life continues the tradition of Susan B. Anthony and other early American suffragists who fought for women and children—born and unborn.

“Susan B. Anthony challenged us to address the root causes that drive women to abortion—the same problems that face women who parent today,” said FFL President Serrin M. Foster. FFL is dedicated to systematically eliminating the reasons that drive women to abortion—lack of practical resources and support—by challenging the status quo. “Women deserve better than abortion,” she added.

Feminists for Life uniquely works with people on both sides of a contentious debate to redirect energy toward woman-centered solutions. FFL focuses primarily on college campuses to address the unmet needs of pregnant and parenting students, including housing, child care, maternity coverage and telecommuting options. FFL’s College Outreach Program inspired federal legislation currently being considered, the Elizabeth Cady Stanton Pregnancy and Parenting Act. Stanton, together with Anthony, led the first women’s movement.

FFL has also worked alongside other women’s organizations for the passage of the Violence Against Women Act, for enhanced child support enforcement and against the child exclusion provisions in welfare reform. FFL also championed Laci and Connor’s Law, as well as health care coverage for poor and pregnant women through the State Child Health Insurance Program.

Lisa

More from Lemmons on Male Priesthood

My friend and colleague from UST's Philosophy Department, Mary Lemmons, offers this additional explanation of her argument against female priests, in response to Susan's question:

The gist of the argument is that due to Original Sin, men are plagued with a reluctance to respect the equality of women; and, women are plagued with a tendency to expect their men to satisfy all their needs. As a result, men tend to oppress women and women tend to take it--just as described in Genesis. Christ opposes these tendencies by teaching men that love requires self-sacrificial love even to the point of death and by teaching women that only Christ is able to satisfy the deepest longings of their heart. If Christ had been a woman, her death on the Cross would have sent men the message that self-sacrificial love is a "woman's thing." It would not have altered the tendency to regard women as a resource to be managed and controlled. (Watch John Wayne's McClintock for an illustration of this prejudice.)   And if Christ had been a women, women would never have known that men could love them without subordinating them and that God is the one who meets their desires for all-consuming love. For these reasons, the Gender Mission of Christ requires Christ to be a man.  I then extrapolate this argument to give support to the Roman Catholic Church's decision not to ordain women priests in its Latin rite.
But since I've been warned by Lisa not to be lengthy, I can only invite those who cannot access the Godspy article or the Logos article to contemplate the mystery of an institution that sees the refusal to ordain women as a way to support sexual equality. If this seems oxymoronic, then it is because we are making various assumptions that make it so, e.g., the assumption that unless an institution refuses to distinguish between male and female gender roles, it is committed to sexual inequality. If we prescind from these assumptions, the possibility that the refusal to ordain women is prophetic becomes pressing. It may well be the case that in a few decades, the only institution that distinguishes between the work of men and women will be the Roman Catholic Church.
Lisa