marți, 11 septembrie 2012

Damn Cool Pics

Damn Cool Pics


Cute Dancing Kittens Chorus [Video]

Posted: 11 Sep 2012 04:58 PM PDT



Because nothing's cuter than five adorable kittens, except for five adorable kittens doing synchronized choreography.


South African Couple Keep Cheetah as a Pet

Posted: 11 Sep 2012 03:10 PM PDT

The pet cheetah Jolie lives at the house of Magda and Japie Pienaar in Bloemfontein, South Africa. The family bought the animal at the auction four years ago. Jolie enjoys snacks from the fridge, plays with local cats and dogs, and her best friend is a German Shepherd called Franky.












































Via: dailymail


50 Worst Jobs Ever

Posted: 11 Sep 2012 12:18 PM PDT

Take a look at some of the very worst jobs that a person could do to earn a living.

We want to know what the absolute worst job is. Vote!





































































































Fan Wraps Ford Truck In Star Wars Graphics

Posted: 11 Sep 2012 11:19 AM PDT

A Wal-Mart Assistant manager from Iowa turned his Ford Raptor truck into a huge rolling Sith transport meant to praise the Galactic Empire with every bit of its vinyl wrapping. It has Darth Vader, Stormtroopers, a nice Imperial symbol, Han Solo in Carbonite, a Facebook group, and red undercarriage lighting that makes it look extra evil.






















































































Via: Facebook


The Anatomy Of A CEO [Infographic]

Posted: 11 Sep 2012 08:37 AM PDT

What makes a CEO tick? Are they born, are they made, or is it a mixture of both? Below we explore what traits chief executives have in common, what experience they share, and how their failures often lead to their success.


Via: CEO


Marking the Eleventh Anniversary of 9/11

The White House Your Daily Snapshot for
Tuesday, September 11, 2012
 
Marking the Eleventh Anniversary of 9/11

Today, President Obama and the First Lady marked the eleventh anniversary of the September 11 attacks.

They began the day at the White House, observing a moment of silence on the South Lawn just after 8:45 a.m., around the time the first plane hit the north tower of the World Trade Center. Afterward, they traveled to the Pentagon, where the President spoke at a memorial service in honor of those who died there, as well as in New York and Pennsylvania.

Vice President Biden marked the anniversary by traveling to Shanksville, PA, where he delivered remarks at the Flight 93 National Memorial Commemorative Service to honor the passengers and crew who died there 11 years ago today.

Read more about the September 11 anniversary observation.



In Case You Missed It

Here are some of the top stories from the White House blog:

From the Archives: September 11, a Day of Service and Remembrance
We mark the National Day of Service and Remembrance, with a look back at the First Family, sometimes joined by White House guests, serving others.

FAA Commemorates 9/11 with NextGen arrival profiles into National Airport
The U.S. Department of Transportation commemorates September 11, as the FAA's Washington Metroplex Team names two arrival sequences to Ronald Reagan Washington National Airport to honor those who died that day and those who served our country from that day forward.
 
Paying Tribute with Service
You can sign up for a service opportunity marking September 11 at Serve.gov.

Today's Schedule

All times are Eastern Daylight Time (EDT).

8:45 AM: The President and the First Lady observe a moment of silence to mark the 11th anniversary of the 9/11 attacks WhiteHouse.gov/live

9:10 AM: The President and the First Lady depart from the White House to the Pentagon Memorial

9:30 AM: The President and the First Lady attend September 11 Observance Ceremony WhiteHouse.gov/live

11:30 AM: The President and the First Lady return to the White House

1:55 PM: The President arrives Bethesda, Maryland

2:15 PM: The President visits the Walter Reed National Military Medical Center

4:40 PM: The President departs Bethesda, Maryland en route the White House

4:50 PM: The President arrives at the White House

5:00 PM: The President and the Vice President meet with Secretary of Defense

WhiteHouse.gov/live Indicates that the event will be live-streamed on WhiteHouse.gov/Live

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Are Exact-Match Domains (EMDs) in Decline?

Are Exact-Match Domains (EMDs) in Decline?


Are Exact-Match Domains (EMDs) in Decline?

Posted: 10 Sep 2012 07:59 PM PDT

Posted by Dr. Pete

One of the great, ongoing debates of SEO (#4 of 673) is the influence of Exact-Match Domains (EMDs) on rankings. Part of my goal in launching MozCast was to collect historical data that would allow us to put some of these contentious questions to the test, and now that we have a few months of data, I thought it would be interesting to dig into the EMD question.

Over the last couple of years, our large-scale correlation data here at SEOmoz has shown a declining impact of EMDs on ranking:

.Com EMD Correlation to Ranking

This graph is based only on .com domains and, as always, correlation does not imply causation, but the trend certainly suggests that EMDs are weakening. The MozCast data only goes back to April 2012 currently, but that timeframe covers the Penguin update and other major changes this year, so let’s see how it compares to the year-over-year trend.

Overall EMD Influence

Let’s start simple – across the MozCast data set (Top 10 X 1,000 keywords = 10K* URLs), what percentage of rankings are held by EMDs? In this case, I stuck to a very strict definition: if the keyword is “buy widgets”, then only “buywidgets.tld” (any TLD) counts as an exact match. Here’s the data back to April 4, 2012:

EMD Influence

First off, notice that this is a pretty narrow range – over 4-1/2 months, EMDs represent from just under 3.3% to almost 4.1% of total rankings in the data set. On average, EMD influence has declined slightly in the past few months, with a solid drop after the Penguin update, but that drop has recovered somewhat since June.

*Now that 7-result SERPs account for ~18% of the data, the total count is closer to 9,500 URLs.

Correlation vs. Causation

Let’s get this out of the way – just because EMDs hold less spots in the top 10, that doesn’t necessarily mean that Google has turned down the “volume” on EMDs as a ranking factor. It simply means that less EMDs are ranking overall, and that could have many explanations. What we’ll be looking at here is patterns over time, to try to tell more of the story.

Penguilation vs. Penguisation

Likewise, Penguin correlation is not Penguin causation. I don’t think that Penguin directly targeted EMDs. I suspect that, by targeting some forms of spammy anchor text, Penguin disproportionately hit EMDs. Many people who use EMDs solely for ranking purposes are also aggressive with exact-match anchor text. The EMD drop was probably collateral damage.

EMD Influence on Ranking #1

The last graph covered EMDs anywhere in the Top 10, but what about the EMDs just occupying the #1 spot? Have they fallen harder than overall EMDs? Here’s the data on #1 ranking EMDs only:

EMD Influence on #1

Again, the Y-axis is scaled to amplify differences. While EMDs in the #1 spot also took a hit after Penguin, the picture looks very different around mid-June. EMDs ranking #1 not only recovered their previous influence, but they’ve actually gained SERP-share over the past couple of months. Some of the August spike may be related to the launch of the 7-result SERPs. If the number of total URLs decreased, but the EMDs in #1 remained constant, those EMDs would account for a higher percentage of total URLs.

Overall PMD Influence

My definition of an EMD was pretty strict. What if we looked at the data for partial-match domains (PMDs)? I took a more liberal approach here – for the keyword phrase “buy widgets”, any of the following counted as a partial match, by my definition:

  • buywidgetshere.com
  • webuywidgets.com
  • buywidgets.example.com
  • www.buy-widgets.com

In other words, as long as “buywidgets” or “buy-widgets” appeared anywhere in the root or sub-domain, I counted it as a partial match. I excluded all exact matches, to separate the influence. Here’s the data back to April 4th:

PMD Influence

PMDs accounted for slightly more of the mix than EMDs (not surprisingly), but here the pattern is much clearer. Ranking for PMDs suffered a serious decline after the Penguin update and has only continued to fall.

Good EMDs Are Good

Not all exact-match and partial-match domains are created equal. Penguin hit both EMDs and PMDs pretty hard, because too many people were (and are) still over-relying on them for ranking. The problem is that Google can’t just pull the plug on EMDs. Many brands naturally use EMDs, and it’s perfectly reasonable to buy a domain that matches your name. Instead of just changing how domains impact ranking, Google is targeting spammy signals around EMDs and PMDs. For example, Penguin probably targeted aggressive exact-match anchor text. If your website is “casinoviagrarealestate.com” and 90% of your anchor text is “best casino viagra real estate”, you probably took a hit. It wasn’t because you had an EMD – it was because your EMD was part of a low-value approach.

Should You Dump Your EMD?

In a word: No. You should be careful about combining obviously keyword targeted EMDs and PMDs (“buy-casino-viagra-mortgage.me”) with other aggressive tactics, like large amounts of exact-match anchor text, but for the most part you aren’t going to get penalized simply because you have an EMD. There are some extreme Penguin cases where something as drastic as a new domain may be required, but for the most part this is a gradual change in Google’s attitude. I think EMDs are going to count less over time, but EMDs are also a natural part of the ecosystem.

Should You Buy an EMD?

That’s a bit tougher question. If you’re a brand with a unique name, then yes, absolutely, buy yourname. com, etc. If you’re simply using a domain for keyword value, then I think you have to be a little careful and consider your long-term game plan. If you over-rely on that EMD or PMD, you’re likely to pursue other spammy tactics and ultimately be disappointed as Google gradually lowers the volume. I don’t think buying an EMD carries a large amount of risk, but I’d considering your overall branding strategy. An EMD might be an SEO tactic, but it’s just one small factor of many – it’s not a strategy. You also have to weigh the costs and benefits - finding a short, unregistered .com is one thing - buy it and you can decide later how and if to use it.

As for clearly low-value PMDs, like long, hyphenated strings, I’d avoid them. Paying $25K for a hyphenated, seven-word .net is just throwing away money that could be spent on real marketing. It’s not just about declining SEO value – it’s also a matter of perception. If I see six-keywords-strung-together-with-dashes.net and it leads to a slapped together, $75 template site, I see a site I’d never do business with. The tiny uptick in SEO value you might get isn’t worth it. Invest in a brand and start building it. The benefits will go far beyond SEO.


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Seth's Blog : Memory and media

Memory and media

Not too many millenia ago, just about everything we remembered happened to us. In real life.

Books and then radio and TV changed that. Orson Welles demonstrated that a radio drama could create feelings (and then memories of those feelings) that were as powerful to some as the real thing.

Eleven years ago, we all experienced an event of such enormity that it still haunts us. Some escaped, some saw it out their office window while others watched on TV.

Just a decade later, we're far more likely to both celebrate and generate our memories in 140 character bursts, or in short updates or in a 'breaking news' email. The short version amplifies our other memories. Neil Armstrong's death shook us not because we knew him, but because we remember watching him on TV... The blip of information alone was sufficient to give us pause.

A few generations ago, the only music most people heard was music we heard in person. Today, the most famous (and in some ways, important) people in our lives are people we will never meet.

As we continually replace real life with ever shorter digital updates, what happens to the memories we build for ourselves and the people we serve? More and more, we don't remember what actually happened to us, but what we've encountered digitally. It scales, but does it matter in the same way?



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luni, 10 septembrie 2012

Mish's Global Economic Trend Analysis

Mish's Global Economic Trend Analysis


China’s Xi Vanishes; Where is the Man Rumored to Lead China Next Month? China Having Second Thoughts? What's the Worst That Could Happen?

Posted: 10 Sep 2012 09:09 PM PDT

A regime change in China is slated for next month. Yet Xi Jinping, the man rumored to be the next leader is missing in action.

It is not uncommon for Chinese leaders to disappear from public life for extended periods, but it is uncommon for them to disappear smack in front of a regime change.

It is also uncommon for them to skip planned and announced meetings with foreign leaders. Xi Jinping has cancelled at least four scheduled meetings with visiting dignitaries including a Russian delegation, Singapore's prime minister and US secretary of state Hillary Clinton last Wednesday and the prime minister of Denmark on Monday.

So where is he?

The Financial Times reports Rumours swirl as China's Xi vanishes.
Where is Xi Jinping? The man anointed to run the world's most populous nation and second-largest economy has disappeared from public view just weeks before his expected elevation to lead the Chinese Communist Party.

An official account did not list him among the attendees at an unscheduled meeting held last Friday by the party's powerful central military commission, of which Mr Xi is vice-chairman.

Late last week the foreign ministry invited overseas media to cover a meeting between Mr Xi and Danish prime minister Helle Thorning-Schmidt scheduled for Monday afternoon. But on Monday the ministry denied that the meeting was ever supposed to take place.

Mr Xi's mysterious disappearance has sparked speculation about his whereabouts and renewed political infighting just months after the purge of senior Chinese leader Bo Xilai shook the ruling party. It also underscores the opacity and lack of a strong institutionalised mechanism for transferring power in China's authoritarian one-party political system.

"We know Xi Jinping is supposed to be the next leader [of China] but we have very little idea how he was chosen, which is quite amazing for such a significant position in world politics," said David Zweig, a professor specialising in Chinese politics at Hong Kong University of Science and Technology. "Perhaps he's got some health problems, but they don't want to let the public know about it because they feel it's important to present the image of a strong healthy leader taking China into the future."
Speculation Intensifies
The Business Standard reports China President-to-be Xi Jinping goes missing
Speculation intensified on Monday over the whereabouts of China's presumptive new president, Xi Jinping, who has been missing from public view in recent days as the country prepares for a crucial leadership change.

"There's every sort of crazy rumor about Xi's health," said a senior Chinese journalist, who asked not to be identified because of sensitivity surrounding the case. "But no one is saying anything."

The speculation adds another wrinkle to the less-than-smooth transition from the departing president, Hu Jintao, to Xi. Earlier this year, a senior Communist leader, Bo Xilai, vanished from view after his wife was charged with murdering a British businessman. Then, earlier this month, another senior official was unexpectedly demoted after a scandal surrounding his son.

And no date has been set for the 18th Party Congress, when the transition is supposed to take place. The consensus is that it will happen next month, but no announcement has been made. The last congress was also held in October, but its dates had been made public in August.

"These are not signs that everything is going well," said Bo Zhiyue, a political-science professor at the National University of Singapore.

China's political system has long been a black box, but its secrecy has begun to seem more anachronistic as the country has become one of the world's biggest economic, political and military powers.

Some of the rumors have it that Xi hurt his back swimming or playing soccer; these were given credence by reports from foreign diplomats who say they were told that his bad back had caused him to cancel the meetings with Clinton and Lee.

Less reliable was a rumor that he was hurt in an auto accident when a military official associated with Bo tried to injure or kill Xi as part of a revenge plot; the report was later retracted.

One well-connected political analyst in Beijing said he was told by party officials that the rumors of skulduggery were wrong. But he said he was told that Xi, 59, had suffered a mild heart attack.

On Monday, the situation grew odder. China's Ministry of Foreign Affairs denied that the meeting between Xi and the Danish prime minister, Helle Thorning-Schmidt, had been scheduled. Last week, however, the ministry had invited the foreign press for a photo opportunity with the two leaders.

Adding to the conspiracy theories, on Monday a popular microblogging site, Sina Weibo, banned searches for the term "back injury."

Almost as if to assuage worries about Xi's health, a newspaper on Monday ran a picture of Xi addressing students at opening of the fall semester of the Central Party School. The photo and speech, however, were from September 1.
China Having Second Thoughts?

It is damn strange to deny a meeting was supposed to take place especially after you invite the foreign press to take pictures. Unfortunately, I cannot shed any more light on the situation. However,  I can postulate more speculative theories.

Is there any chance China is having second thoughts about who the new leader will be? More likely, is there a growing concern about the alleged shift away from infrastructure and export-led growth to a consumer-driven model?

I do not have the answers to either question but I can offer a statement "Let's hope not". China (and the world) desperately needs China to rebalance its economy, no matter what short-term pain rebalancing causes.

And there will be pain. Chinese exporters will suffer, as will the commodity producing countries that export to China. GDP will decline and so will growth in jobs.

However, postponement of rebalancing will only make matters worse.

What's the Worst That Could Happen?

The worst possible outcome would be for China to give up on a rebalancing shift coupled with a Mitt Romney victory who then does as he says he would, label China a currency manipulator, thereby starting a devastating trade war with China.

Regardless of what the reasons are for the disappearing act, here is the key question: Will cooler heads prevail in China and the US? Let's hope so.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
Click Here To Scroll Thru My Recent Post List


University of Phoenix Tops Debt Slave Racket with 35,049 Student Loan Defaults (Top Public School has 786); Debt Slave Collection Business is Booming; Housing and Economic Implications

Posted: 10 Sep 2012 01:48 PM PDT

Congratulations to the University of Phoenix, a private for-profit school, which has the dubious distinction of having 4,359 percent more student loan defaults than Columbus State, the top public school.

A student loan is considered in default when it is 360 days delinquent.

Number of Loans in Default



The above chart from the New York Times article Bad Student Debt Stubbornly High as Collection Efforts Surge.

There is now over $1 trillion in student debt and $76 billion of that is in default reports the NY Times in Debt Collectors Cashing In on Student Loans
As the number of people taking out government-backed student loans has exploded, so has the number who have fallen at least 12 months behind in making payments — about 5.9 million people nationwide, up about a third in the last five years.

In all, nearly one in every six borrowers with a loan balance is in default. The amount of defaulted loans — $76 billion — is greater than the yearly tuition bill for all students at public two- and four-year colleges and universities, according to a survey of state education officials.

In an attempt to recover money on the defaulted loans, the Education Department paid more than $1.4 billion last fiscal year to collection agencies and other groups to hunt down defaulters.

Unlike private lenders, the federal government has extraordinary tools for collection that it has extended to the collection firms. Ms. Cordeiro has already had two tax refunds seized, and other debtors have had their paychecks or Social Security payments garnisheed. Over all, the government recoups about 80 cents for every dollar that goes into default — an astounding rate, considering most lenders are lucky to recover 20 cents on the dollar on defaulted credit cards.

There is no statute of limitations on collecting federally guaranteed student loans, unlike credit cards and mortgages, and Congress has made it difficult for borrowers to wipe out the debt through bankruptcy. Only a small fraction of defaulters even tries.

"You are going to pay it, or you are going to die with it," said John Ulzheimer, president of consumer education at SmartCredit.com, a credit monitoring service. 

Debt Slave Collection Business is Booming

Last year the government paid $1.4 billion to collect defaulted loans of which $355 million went to 23 private debt collectors. Student debt collection is now the most sought-after contract within the industry.

No wonder.

Student loan collectors have the ability to garnish wages, seize tax refunds, and seize other government payments.

Those in the debt slave racket are of course willing to do anything to keep the business alive. Obama wants to expand the program. Of course, so do all the universities and anyone associated with the slave trade.

The schools and slave trade collection agencies are big contributors to politicians willing to accept campaign bribes to keep the student "aid" programs intact.

Student "Aid" or Economic Prison Sentence?

You know the answer to the question if you have any common sense. Student "Aid" is not for the kids. Virtually nothing of importance in the education industry is "for the kids".

From public unions, to aid programs, and even grants, the entire system is geared to sending as many kids as possible to school, hoping to make debt slaves out of them for life.

The only rational thing to do is kill every one of these ridiculous programs cold turkey.  Those in the slave trade will fight tooth-and-nail against cutbacks, led no doubt by the University of Phoenix.

For more on Student "Aid" please see


Major Economic Headwinds

The effect on housing and the economy of these disastrous policies are enormous, yet Bernanke is not even bright enough to figure it out.

Please consider a few snips from Central Bankers Fail to Understand Forces Holding Back the Economy; Ten Major Economic Headwinds

Ten Major Headwinds

  1. Boomers heading into retirement have insufficient savings
  2. Student debt holds back home-buying, marriage, and family formation
  3. Ability and willingness of individuals and businesses to take on more debt has shrunk dramatically. Attitudes towards lending, borrowing, and home ownership have changed.
  4. Bank bailouts at taxpayer expense left banks intact but did nothing for households deep in debt
  5. Tax policy encourages flight of jobs and capital
  6. Technology now serves to destroy more jobs than it creates. Please see Robots to Rule the World? Taking All Jobs? Replace Women? for a discussion.
  7. Untenable pension problems at the city, state, and federal level can no longer be put off. 
  8. Public unions and collective bargaining are structural problems at the heart of the pension mess as well as the heart of numerous city bankruptcies.
  9. Artificially low interest rates weakens those on fixed income
  10. Commercial real estate bust on top of housing bust limits further job expansion. How many more Walmart, Pizza Huts, McDonalds, nail salons, Kohl's stores, Office Depots, Home Depots do we need? Where?

Housing and Recoveries

Housing has led nearly every economic recovery for decades. So look at point number two above: Student debt holds back home-buying, marriage, and family formation.

I expect housing to be weak for a decade because of those points.  Prices will be stagnant for years as banks work off REOs.

The structural overhangs of inept policies, bank bailouts, mortgage fraud, public unions, and boomer retirements guarantees Bernanke will not be able to stimulate lending to the degree he wants.

Worse yet, Bernanke's policies only serve to increase the economic distortions and the tension between the 1% and everyone else.

Addendum:

Note to All Facebook Users: If you have not yet voted for your favorite charity (it costs nothing to vote), please do so. Chase is giving away $5 million to charity, and I have a cause that I support.

Please click on this this link: Facebook Users, I Have a Favor to Ask, then follow the instructions.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
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Actual Constitutional Case Against OMT and ESM; Why Bond Buying Undermines Democracy; Is Draghi Above The Law?

Posted: 10 Sep 2012 11:02 AM PDT

A post on the the Fibs and Waves blog by "Blankfeind" outlines the actual legal case against the OMT. I believe the case is rock solid. How the German constitutional court rules in two days is another matter.

Please consider The ECB Thumbs Its Nose At The Law.
On September 6th, the ECB announced its Outright Monetary Transactions program, known as OMT. Justified as a means for the ECB to repair monetary policy transmission and to recreate the singleness of monetary policy for the euro area, the OMT offers an unlimited commitment by the ECB to purchase short-term (one to three year) sovereign debt in the secondary markets for sovereigns who agree to certain conditions.

The bond purchases themselves will not be conducted by the ECB, but rather by the national central banks in proportion to their capital key with the European Central Bank. Hence, should Spain eventually fall under the OMT program, it will be the German Bundesbank that will be responsible for purchasing the largest single share of Spanish bonds.

But, is OMT legal under the treaties that govern the ECB?

The letter of the law:

Treaty on the Functioning of the European Union (TFEU)

Article 123 (ex Article 101 TEC)

1. Overdraft facilities or any other type of credit facility with the European Central Bank or with the central banks of the Member States (hereinafter referred to as 'national central banks') in favor of Union institutions, bodies, offices or agencies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States shall be prohibited, as shall the purchase directly from them by the European Central Bank or national central banks of debt instruments.


With the OMT program, the ECB has essentially said that any European Monetary Union sovereigns unable to obtain favorably priced credit from the market may apply to the ECB in order to obtain that credit in unlimited quantities, albeit via debt purchases in the secondary market.

This clearly means that the ECB will have established a credit facility in favor of the sovereign participating in the OMT program, and that is an explicit violation of the letter of the law.
Primary vs. Secondary Markets and Intent of the Treaty

Former ECB president Jean-Claude Trichet (and one of the original architects of the treaties that created the eurozone), opened up this can of worms by allowing the ECB to buy bonds in the secondary market.

Since the ECB could act as the end party immediately buying bonds from the original buyer, there is in practice virtually no difference between buying bonds in the primary and secondary markets.

Here is the loophole Trichet exploited:

Article 123 (ex Article 101 TEC)

1. ... Member States shall be prohibited, as shall the purchase directly from them by the European Central Bank or national central banks of debt instruments.

Clearly, that could not possibly be what the treaty intended. When discussing the intent of the treaty, the ECB is already in violation. Now Draghi has gone a step further.

"Blankfeind" continues ...
Germany demanded the inclusion of Articles 123 and 125 of the Treaty on the Functioning of the European Union with the clear intent of protecting itself and its citizens from responsibility for the fiscal failings of other member states. Hence, OMT violates the intent of the applicable laws.

Conclusion:

The OMT program is in violation of both the letter and the intent of Article 21 of Statute of the European System of Central Banks and of the European Central Bank and of Article 123 of the Treaty on the Functioning of the European Union (TFEU).
"Blankfeind" is certainly correct. And I point out the obvious creep in unconstitutional acts. Trichet capitalized on one misplaced word and debate over the intent of "directly" giving Draghi a bit of cover to even more blatantly break the law.

Why Bond Buying Undermines Democracy

In a direct criticism of "Draghi Almighty" Der Spiegel explains Why ECB Bond-Buying Plans Undermine Democracy
Anyone who breaks a law can hardly excuse his actions by claiming that he is acting within the scope of the law. In any case, it won't help him much -- unless his name is Mario Draghi and he is the president of the European Central Bank (ECB).

Draghi wants more, though; he wants to save the European common currency at all costs. The euro, he says, is "irreversible."

So far, the ECB has already spent over €200 billion ($256 billion) buying sovereign bonds from crisis-stricken euro-zone countries. If the exception now becomes the rule, additional bonds worth hundreds of billions could quickly follow. German taxpayers are also ultimately liable for this amount -- without the German parliament, the Bundestag, having a say.

This Wednesday, Germany's Federal Constitutional Court is expected to decide whether the European Stability Mechanism (ESM), the permanent successor to the current rescue fund, is compatible with the German constitution. It is seen as likely that the judges will put a ceiling on Germany's liability. But in view of the latest ECB decision, such limits are already useless before they have even been enacted. The ECB apparently stands above the Bundestag and above the Federal Constitutional Court.

Double Game

And what is the German government doing? It's playing a double game. It supports both the ECB president as well as his main critic, Weidmann. Merkel is secretly pleased with Draghi's initiative because the chancellor would probably not be able to gain majority support in the Bundestag for additional euro rescue programs. That's why she is among those saying that the ECB is acting within the scope of its mandate.

If she said anything else, she would have to take action. She could, for example, file a suit with the European Court of Justice in Luxembourg in a bid to have the ECB decision nullified. The Bundestag could also pass a resolution calling for such a lawsuit -- and thus force Merkel to put her cards on the table.

But if there are no plaintiffs, no judges will intervene. In such a situation, Mario Draghi is the most powerful man in Europe, undeterred by courts or parliaments.

The euro may be irreversible, but apparently democracy is not.
That is exceptionally harsh criticism of both the OMT and of chancellor Merkel from a magazine that is generally quite pro-euro.

Is Draghi Above The Law?

The answer to that question is obvious. He thinks and acts like he is. This should not be surprising. It is one of the direct corollaries of the Fed Uncertainty Principle, which I wrote on April, 3, 2008, long before the Fed started its big power grab.

What I said about the Fed applies equally to the ECB and central bankers in general. Here are key excerpts.
Fed Uncertainty Principle: The fed, by its very existence, has completely distorted the market via self reinforcing observer/participant feedback loops. Thus, it is fatally flawed logic to suggest the Fed is simply following the market, therefore the market is to blame for the Fed's actions. There would not be a Fed in a free market, and by implication there would not be observer/participant feedback loops either.

Corollary Number One:
The Fed has no idea where interest rates should be. Only a free market does. The Fed will be disingenuous about what it knows (nothing of use) and doesn't know (much more than it wants to admit), particularly in times of economic stress.

Corollary Number Two: The government/quasi-government body most responsible for creating this mess (the Fed), will attempt a big power grab, purportedly to fix whatever problems it creates. The bigger the mess it creates, the more power it will attempt to grab. Over time this leads to dangerously concentrated power into the hands of those who have already proven they do not know what they are doing.

Corollary Number Three:
Don't expect the Fed to learn from past mistakes. Instead, expect the Fed to repeat them with bigger and bigger doses of exactly what created the initial problem.

Corollary Number Four:
The Fed simply does not care whether its actions are illegal or not. The Fed is operating under the principle that it's easier to get forgiveness than permission. And forgiveness is just another means to the desired power grab it is seeking.
Addendum:

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German Constitutional Court Approval of ESM Not a Done Deal; Draghi's Fatal Mistake?

Posted: 10 Sep 2012 01:33 AM PDT

One puzzling aspect of ECB president Mario' Draghi's Outright Monetary Transactions (OMT) plan to save the eurozone is his doing so before the German constitutional court had approved the ESM.

In spite of Draghi's emphasis on conditionality, OMT puts Germany directly at risk in an unlimited way. This modification to the ESM makes the constitutional case against it much stronger.

I am not the only one who feels that way. Even the pro-bailout Eurointelligence site sees it that way.

Here are some snips from the Eurointelligence Daily Briefing report A new legal case against ESM – that links Draghi's OMT to the current case
This is the week in the which the German constitutional court will announce the most important ruling in its history. Herbert Prantl reports in Suddeutsche Zeitung on a new anti-euro case this morning that links last week's decision by the ECB to start Outright Monetary Transactions (OMT) to the current ESM case. The case was brought by Peter Gauweiler, a well-known Eurosceptic member of the Bundestag from the Bavarian CSU, and a serial litigator. Gauweiler argues that the OMT had fundamentally altered the ESM, and that the decision on the ESM should therefore be postponed (meaning a delay in the ratification by Germany). He also makes the legal points that the OMT decision did not constitute a breach of competence, but a permanent assumption of competences. When the Bundestag voted on the ESM, it did so under different circumstances. With the OMT, the Bundestag's authority is permanently circumvented.

Spiegel Online reports on the increased nervousness in Berlin ahead of the court's ruling. It says the government really has no Plan B in the event of a No vote, and remarks that the court is likely to take Gauweiler's case very seriously, plus the fact that 37,000 citizens have joined the case (in a kind of class-action constitutional lawsuit). It also quotes views among top coalition MPs who have expressed misgivings about the ECB's decision.

(Gauweiler's motives are transparent, but the legal argument is quite strong in our view. The entire euro rescue effort is legally tenuous, and hard to square with what we already know about the German constitutional court's interpretation of the Treaties, and its views on the scope and limits of financial crisis management. We know out of experience that it is always wrong to second-guess this fiercely independent court. The only thing we do know, in contrast to many financial market participants, is that the court will not take into account the financial market reaction of its decision.)
Draghi's Fatal Mistake?

I certainly do not agree with Draghi, but the man clearly is not a dunce.  Was there a strong reason to announce OMT, altering the ESM, before it was approved?

Certainly, yields went into the stratosphere a few weeks ago. Yet, mere talk of rate caps and unlimited bond buying had yields collapsing last week.

Did Draghi feel he could not wait another week? Did he see a need to strike first, fearing the court may otherwise have laid down guidelines against his OMT?

Perhaps Draghi wanted to bring this all to a head right here right now, the sooner the better, even if it meant the court might rule on the need for a referendum.

From that aspect, (and from the point of view of the pro-bailout crowd) the sooner Germany has a referendum, the more likely it would pass.

A year ago I think a referendum would have passed with flying colors. Now 54% of Germans Want the Constitutional Court to Kill the ESM.

With each passing day, more Germans are upset at the economy and the bailouts on top of it (see Germany Trifecta: Steep Drop in Construction New Business, Services New Business, Manufacturing New Business) and an increasingly large group want Germany out of the eurozone completely.

Perhaps we should not overthink this.

Occam's Razor suggests Draghi simply made a mistake in failing to see the bitter response from Germany and the potential implications down the road.

I had been thinking the court would easily approve the ESM, but with reservations. However, the OMT changed the odds quite a bit. Regardless, we are going to find out one way or another in two days.

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