Activist Letter to Berkshire Hathaway’s Board

Luck is always the last refuge of laziness and incompetence. –James Cash Penney

Investors finally Take Action

The activist letter below shows how Berkshire Hathaway’s stock performance can be improved. Buffett has gotta go.  An incisive and brilliant analysis!

http://www.simoleonsense.com/a-letter-to-the-berkshire-hathaway-board/

Distressed Investing Value Vault Folder Posted

Capitalism without bankruptcy is like Christianity without hell.–Frank Borman

Distressed Investing Folder

A key has been mailed to all those who have requested keys before. If you did not receive a key, please email ALDRIDGE@AOL.COM with DISTRESSED in the subject heading, and I will send you a key by the next day.  This is a new folder with the following five books. From time-to-time we will add to the books here. Those who have material they think will help investors learn, please share.

These books were donated by Saran, an investor/reader from India.

  1. Bankruptcy__distressed_restructurings.pdf
  2. Buyyout_MBO.pdf
  3. Corporate_Financial_Distress_and_Bankruptcy.pdf
  4. Creating_Value_Through_Corporate_Restructuring.pdf
  5. Distressed_debt_analysis_Moyer.pdf       Excellent!

Funeral Industry Case Studies

If you received the email and you do not want to be on the email list, please reply with DELETE in the subject heading.  Your email will remain private.

Housekeeping

Distressed Debt Analysis, MBOs, Corporate Restructuring

A generous reader from India, Saran, has donated five books to the VALUE VAULT. On Monday, I will send out an email with the key to that folder (DISTRESSED) to all who have received keys before.  I will post an announcement when the keys have been emailed. Thanks again SARAN.

Hanging Threads

Part 3 in analyzing Mr. Yachtman–is it luck or skill will be forthcoming. I plan on not reading the many intelligent comments from readers on this subject until I post part 3 so I am not influenced. Then if readers have comments or questions, I will post replies.

Another post on ROIC is needed to complete the circle on that subject.

Then I will post the analysis of Fox Broadcasting Company for our ongoing study of Competition Demystified.

A folder is being built for a course on Mises’ Theory of Money and Credit. The folder in the Value Vault will contain Power Point slides and audio lectures on 8 weeks of key readings from the book. Also, there will be the book, a study guide, and quizzes to test your comprehension. The Theory of Money and Credit is the seminal work on the subject. It is a challenging read, but you will have a solid understanding of how the fractional reserve banking system creates the business cycle through its creation of fiduciary media. Understanding money can be like grasping Jello, but this work makes it possible.

Thanks for your patience.

Important Read on Franchise Investing and Investing “Gurus”

“In business, I look for economic castles protected by unbreachable ‘moats’.”–Warren Buffett

According to Buffett, the wider a business’ moat, the more likely it is to stand the test of time. In days of old, a castle was protected by the moat that circled it. The wider the moat, the more easily a castle could be defended, as a wide moat made it very difficult for enemies to approach. A narrow moat did not offer much protection and allowed enemies easy access to the castle. To Buffett, the castle is the business and the moat is the competitive advantage the company has. He wants his managers to continually increase the size of the moats around their castles.

When looking to purchase a business, Buffett pays careful attention to a business he understands not just in terms of what the business does but also of “what the economics of the industry will be 10 years down the road, and who will be making the money at that point.” He is “also looking for enduring competitive advantages.” This, in a nutshell, is what makes a company great: the width of the moat around the company’s core business.

The recent CIMA newsletter with interviews of von Mueffling, Michael Karsch, Sam Zell and others is excellent because the interviewees (without meaning to) emphasize many of the points we have been trying to learn, especially about how to analyze franchises. For example, we have been reading Competition Demystified and working through the case studies to help us understand different competitive moats and how companies competitively interact. Noting that a company has a high ROIC and stable market share over several years is a strong indication of a moat but not a guarantee. You then have to study the industry and the sources of competitive advantage. As beginners, we yearn for a paint-by-numbers-approach which is understandable and easy to apply.  As you practice and study industries/companies on your own, you can apply the lessons and hopefully then go beyond using your own creativity. To be really successful, you will need to be independently thoughtful and creative. Read the entire letter here:

http://www4.gsb.columbia.edu/null/download?&exclusive=filemgr.download&file_id=7220372

Highlights of important lessons

My comments are in italics

William von Mueffling

One can broadly divide value investing into two camps. The first camp is the Graham & Dodd style which is buying assets at a discount or cash at a discount. The second camp is the Buffett style, which I characterize as buying financial productivity at a dis-count. We fall into the second camp. We believe that there are many different types of moats to be found, and that a moat around a business should allow it to produce outsized margins and wonderful returns on capital. The trick is being able to buy this stream of cash flows at a discount. Unlike Graham & Dodd investing where you might look at low price-to-book value companies or net-net companies, we are trying to buy high financial productivity at a discount to its intrinsic value.

Your editor has been using the terms franchise (Buffett style) and non-franchise (Graham & Dodd Asset style) to distinguish investments.  You want to buy cash flows at a discount—a wide discount that will incorporate a margin of safety and adequate return as you define adequate rate of return.

Then there are a group of companies where the moat is a network. Names we own in this area are Right-move, the leading property website in the UK and OpenTable, the dominant restaurant reservation web-site in the US. OpenTable is a destination website without physical assets. One of the things happening on the internet now is that verticals are being owned by dominant portals. People do not go to multiple web-sites for things like travel, dinner reservations, and real estate. If there is a dominant portal then there is a winner-take-all phenomenon. For example, Priceline is the dominant portal for travel in Europe. Similarly,  Rightmove ―owns‖real estate in the UK. The stronger these portals get, the bigger the network effect and the higher the prof-its.

Our job as analysts is to spend the entire day asking ourselves: ―what do we get and what are we paying for it? There is a reason why large cap pharmaceuticals trade at low PE multiples and a reason why Amazon.com trades at a very high PE multiple. We all have to work very hard for our keep. The market understands the strengths and weaknesses of various companies. You have to pay more for a company with a great moat.

Respect the market because there is always another person on the other side of the trade from you and one of you is the fool. Understand why the market is perceiving the company the way it is currently. What is your variant perception?

Search Strategy

Tano Santos, Columbia Business School‘s David L. and Elsie M. Dodd Professor of Finance and Economics, has done some great work on high-ROE investing recently. http://www1.gsb.columbia.edu/mygsb/faculty/research/pubfiles/2008/crpuzzle_16.pdf and     http://www.nber.org/papers/w11816.pdf His work indicates that the best opportunities are not in the high-ROE companies with the lowest PE multiples – these companies usually have some structural problem such as a lack of growth, or in the case of large cap pharmaceuticals, patents that are expiring. Tano‘s work suggests that the best place to be in high-ROE investing is in names that are neither super-expensive nor super-cheap, where the market has a hard time trying to figure out what the right price is. This is where the best in-vesting returns can be made. This is where we are generally most successful finding opportunities. What typically happens is that the market pays a very high multiple for fast growing companies with the best moats and a very low multiple for high-ROE businesses that have structural issues – neither of these places is the best area to search for ideas. Rather, the best place to look is in the middle of the pack and to figure out which of these companies is mispriced.

The single biggest thing that has changed from when I started my investing career to today is that the macro environment has enormous risks that are now coming to a head. As a result, I think that there are many more value traps to-day. Until the financial crisis, every company seemingly was growing. In the aftermath of the credit bubble and in the years ahead, one thing we can say with some confidence is that we will not have much growth in the West for some time.

You need to be aware of financial conditions and the Fed’s manipulation of the economy through its interest rate policy/actions. Understand Austrian Business Cycle Theory.

In high-ROE investing your time horizon really should be infinite. The fantasy is that you never ever sell any of your holdings. If a company generates very high ROEs and does good things with its cash flow such as reinvesting in the right projects or buying back stock, they will continually grow earnings. Your price target, which you base on next year‘s earnings, will always be increasing so you will reset your price target and continue to hold the stock. The poster child for this is Swedish Match, a company which I first invested in 1995 at Lazard Asset Management, and later when I founded Cantillon. It has been one of the most amazing stocks in Europe during that time. The multiple never gets higher than 17x, but every krona of free cash goes to buying back shares.

The most common mistakes that people make in high-ROE investing is confusing high operating margins and high ROEs with a moat. If it smells like a commodity business but the returns are higher than a commodity business, it is likely still a commodity business. Mistakes I‘ve made have been situations where I have not adhered to this advice and I‘ve fallen in love with the returns generated by a company and failed to pay attention to the nature of the business.

ROE can be misleading if the ROE is not sustainable. Always normalize earnings. Technology can disrupt an ROE. At the same time, you can have industries that go from low ROE to high ROE through consolidation. A good example of this is the US aluminum can industry, which was highly fragmented in the early 1990s. The industry went through rapid consolidation during the 1990s until there were two main players remaining, Ball Corporation and Rexam. ROE went from very low levels to roughly 20% after the consolidation. However, for every example like this I can give you another where an industry goes through consolidation but the return profile does not improve.

The type of industry and the interactions (Prisoner’s Dilemma) between competitors can be critical for profitability.

The way many companies destroy high ROE is through making expensive acquisitions. Heineken‘s core business is an amazing one, but in the late 1990s and early 2000s, it was paying very high multiples for many low-quality brewers. This drove Heineken‘s ROE down and destroyed share-holder value. All of the companies we own throw off a ton of cash, so you have to know what management is going to do with it.

What makes a great investment analyst in your mind?

If being smart and having an MBA were the answer, there would be a lot of great investors. So there must be some other quality that is necessary to be a great investor. I think that quality is good judgment. An analyst needs the judgment to determine that businesses, moats, and management teams may not be as good as they seem. The problem is that this is a very tough thing to interview for.

Judgment is built through reading, practice (case studies) and being diligent and honest in reviewing failures and successes, so keep track of your progress by keeping a journal.

When you see so many mutual funds with 100% turnover, you know that they are not following a robust strategy. Most importantly, find someone whom you enjoy working with. And read a lot.

Michael Karsch

G&D:  At Columbia we are taught to look for companies with sustainable moats around the business. But you tend to be more of a ―growth at a reasonable price investor. How do you try and blend the two together?

MK: I‘ve always asked, “Do you want to be a journalist or an editorialist?” Just identifying great companies with large moats around them isn‘t enough. In my opinion, you‘re a journalist in that case and you will probably be a solid role player, not a superstar. I don‘t think you‘re going to I think analysts spend too much time building models and being myopic in that regard and they don‘t spend enough time trying to take a broader perspective. That‘s why we try to stress focusing on an industry before a specific company. This has become a more complex business over time. It used to be enough for a professional football player to be over 300 lbs or a professional basketball player to be over 7 ft. Now you have to be 7 ft. and fast, or 300 lbs and quick. Stock-picking is the same way. You need to be very good with the computer and going through the documents but you also need to be creative.

KEEP LEARNING ALWAYS!

You won’t get rich figuring out whether Porter‘s five forces fit into a given company or not. The value-add is on the editorial side. You be-come a superstar by developing and using your own judgment, rather than what textbooks tell you, to figure out what‘s a great stock and why. You can start by identifying and learning from great stock pickers. Obsessively try and figure out what they‘re doing. And it‘s not just, ―oh, I‘m going to follow XYZ investor, and do exactly what he does. You have to try to understand why they are investing in a particular company and what their point of differentiation is.

He is describing what we all should strive for as developing investors. Here at csinvesting we (you and I) are putting together the building blocks to help YOU use your own judgment regarding analyzing businesses, industries, and various investment problems.

―A great analyst recognizes that this is a mentoring business and actively seeks out mentors in order to become successful. They also understand it’s a non-linear progression business. When an analyst understands that, they’re able to think about their game plan very differently. They understand that the market is always improving and their skill set needs to also.

William Strong: Equinox

What we do different from others is to maintain a very long time horizon. In our industry this is a luxury, as many other investment firms have clients that do not let them do this. As a result of having a very long time horizon, we can sit back and try to logically imagine a very different financial environment than the one we are in today. We are looking for larger themes that will produce epic investment results. We think about the themes that we want to be in, and in those themes, find different great businesses that we want to own. We look for jurisdictions where there are maximum misconception and extreme valuation anomalies.

What advice would you give to students interested in a career in investing?

 WS: My strong advice is to do what you like to do. I think there are too many people going into the investment business because of outsized compensation which I don‘t believe can last.

I heartily agree with the gentleman’s advice. We are in a down cycle for Wall Street so pursue your passion.

G&D: What do you look for when hiring an analyst?

WS: One of the things that is really important is the ability to think independently. So much of the value in what we do is disagreeing with the consensus, so you want someone who is comfortable doing that. Also important is the ability to be rational and have good quantitative skills.

Sam Zell

I start by not paying much attention to the market. This is why I suggest you look at the Value-Line tear sheets or an annual report WITHOUT looking at price so you are not influenced by or anchor on price until you reach a conclusion—if you can–on the business.

I think the Street reflects the value of the last share, but the true value of the asset may be more or less than what’s indicated publicly. In the same manner, I don’t make investments predicated on the assumption that there’s a greater fool out there who’s going to buy it from me for more than I paid for it. I look for situations that logically make sense to me.

―I had an inherent skepticism of marketing because I felt that it wasn’t measurable. My philosophy was to invest in businesses that served externally created demand – businesses where I didn’t have to generate demand. As an example, in the mid-80s, I bought the largest dredging company in the world because I knew that every day the rivers and the harbors are silting, creating demand for the product I produced.

Mr. Zell knows his circle of competence and that, in turn, influences where he finds investments.

I reminded myself that everything is about supply and demand. I knew that when the supply and demand curves for boxcars met, I could make a fortune. So I went out and bought all of the used railcars in America. … We did extraordinarily well because we had bought these railcars at significant discounts to replacement cost and yet rented them at market rates. … All anyone had to do was put the pieces together.

Mr. Zell keeps it simple. Note that he uses replacement cost in this particular instance.

―We don’t invest in high-tech, simply because we don’t understand it and because it’s valued on if-come-maybe. … I can do much better prognosticating value on something I understand than on companies that are valued by a third party. That’s really key to how I look at things. I’ve never been willing to depend on a third party to value my investments. I have to value them myself and I have to look at my investments as though I’m going to own them permanently.

One more time: think for yourself; don’t rely on Wall Street.

Other readings:

Alice’s Schroeder’s initial research report on Berkshire Hathaway: http://www.shookrun.com/fa/cases/brk-painewebber.pdf

Big, Bad Bernanke by Louis Lowenstein. Note the readers’ comments. http://www.theatlantic.com/magazine/archive/2012/04/the-villain/8901/?single_page=true

Part 2: Yachtman’s Performance Analyzed; No ALPHA!?

My argument isn’t to make the claim that the market cannot be beaten  with analysis. I would never say that. It’s easy to find mutual fund  managers who have beaten the market in the past. It’s much harder to  determine if a particular manager was lucky or skillful at doing it.

Eugene F. Fama and Kenneth R. French looked into this issue in their working paper titled, Luck versus Skill in the Cross Section of Mutual Fund Returns.  Their study focused on U.S. equity mutual fund managers from 1984 to  2006. It’s no surprise that they found that in aggregate,  actively-managed U.S. equity mutual funds performed close to the market  before costs and below the market after costs. The big question they  were trying answer was did the winning managers have skill or were they  just lucky?

From:http://www.forbes.com/sites/rickferri/2012/03/12/why-smart-people-fail-to-beat-the-market/

Part 2 in Analyzing Yachtman’s Long-term Performance

In part three, I will put forth my two cents on the skill vs. luck question. I do have issues with the way IFA.com presents their analysis/results. What do YOU think?

In part one, http://wp.me/p1PgpH-BG, Yachtman’s results were presented: On an Annual Basis: His three-year returns:  8.93%;     five-year: 8.49%;    ten-year: 13.59%. Those results won him Morningstar’s Manager of the Year for Large Cap Value.

Now, an analyst from www.ifa.com discusses Morningstar’s Manager of the Year, Mr. Yachtman’s long-term returns (since inception of the Yachtman Fund or 18 years). Does he generate Alpha? Would you be better off in an index fund? Watch the nine minute video http://www.youtube.com/watch?v=bU7qXfWciUw&feature=related

To see a chart of Yachtman’s, Miller’s and other famous gurus’ performance analyzed by IFA go to: http://www.ifa.com/12steps/step3/step3page2.asp#332 Click on CHART INDEX, then #3 Stock Pickers, then Scroll down and click on Yachtman Chart/Performance on the right. View analyses of other money managers.

More research on analyzing fund performance:

False Discoveries in Mutual Fund Performance,  Measuring Luck in Estimating Alphas: http://ssrn.com/abstract=869748

ABSTRACT: This paper uses a new approach to determine the fraction of truly skilled managers among the universe of U.S. domestic-equity mutual funds over the 1975 to 2006 period. We develop a simple technique that properly accounts for “false discoveries,” or mutual funds which exhibit significant alphas by luck alone. We use this technique to precisely separate actively managed funds into those having (1) unskilled, (2) zero-alpha, and (3) skilled fund managers, net of expenses, even with cross-fund dependencies in estimated alphas. This separation into skill groups allows several new insights. First, we find that the majority of funds (75.4%) pick stocks well enough to cover their trading costs and other expenses, producing a zero alpha, consistent with the equilibrium model of Berk and Green (2004). Further, we find a significant proportion of skilled (positive alpha) funds prior to 1995, but almost none by 2006, accompanied by a large increase in unskilled (negative alpha) fund managers—due both to a large reduction in the proportion of fund managers with stock-picking skills and to a persistent level of expenses that exceed the value generated by these managers. Finally, we show that controlling for false discoveries substantially improves the ability to find funds with persistent performance.

The role of Return Based Style Analysis. Understanding, implementing and interpreting the technique. http://www.ifa.com/Media/Images/PDF%20files/styledriftibbotson.pdf

Introduction

Since its introduction in 1989, returns-based style analysis has fundamentally changed the way many investment analysts assess the behavior of money managers 1 .A number of firms quickly appreciated the benefits of this new technique and began selling software that would perform the necessary calculations. Today, style analysis is no longer housed only within the purview of highly paid consultants and mutual fund rating agencies, instead, anyone with a PC and a little data can assess the style of managers and mutual funds.

Of course, as with any sophisticated new technique, returns-based style analysis has been the source of considerable debate. Generally we have found that the debate relates to two main areas: 1) the role of returns-based style analysis and 2) proper implementation and application of the technique. The purpose of this paper is first to provide a quick summary of what returns-based style analysis is. We then will do some trouble-shooting, addressing potential pitfalls one by one, with an eye to providing insights and methodologies for effective implementation and interpretation of the analysis.

1 Returns-

What is Returns-Based Style Analysis?

Returns-based style analysis is a statistical technique that identifies what combination of long positions in passive indexes would have most closely replicated the actual performance of a fund over a specified time period. The passive indexes selected typically represent distinct investment styles within particular asset classes. For example, we might use returns-based style analysis across the large company stock, international stock, and small company stock indexes for an equity manager with a global mandate (“Global Fund”). Given a time period of, say January 1985 to December 1987, we may see results such as 50 percent international stock, 25 percent large company stock, and 25 percent small company stock.

Don’t be fooled!

There are many lessons. Note how important the time periods chosen are in illustrating results, but are the records statistically significant? Skill or luck? Are there any problems with the statistical method applied to the fund manager’s results? Are there any biases by the firm doing the report?

Mimics

At the end of the day, we want to learn from Mr. Yachtman’s value investing approach, but remain true to ourselves.  Yo don’t want to blindly mimic anyone.

Jim Carey doing Vanilla Ice (twisted): http://www.youtube.com/watch?v=0A7tLVIsuNw

Michael Jackson Parady (Do NOT watch if you are a fan!): http://www.youtube.com/watch?v=F3H6hRNwgtc&feature=related

MC Hammer: http://www.youtube.com/watch?v=tYi3pwK6KkI&feature=related

Be successful in your own way.

Corporate Profits and Reversion to the Mean

Stein was the formulator of “Herbert Stein’s Law,” which he expressed as “If something cannot go on forever, it will stop,” by which he meant that if a trend (balance of payments deficits in his example) cannot go on forever, there is no need for action or a program to make it stop, much less to make it stop immediately; it will stop of its own accord.[2] It is often rephrased as: “Trends that can’t continue, won’t.”

 

 

 

 

 

Go read the full post on corporate profits here: http://scottgrannis.blogspot.com/2012/03/corporate-profits-continue-to-impress.html

Perhaps the market is already anticipating a reversion to the mean:

 

 

 

 

 

James Montier of GMO emphatically says reversion is inevitable. However, does that mean stocks will decline?

https://www.gmo.com/America/CMSAttachmentDownload.aspx?target=JUBRxi51IIBtbYEu0yy2D233

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Efficient Market Theory

Does anyone think EMT–say it fast five times as loud as you can, what do you hear–is like the BLACK KNIGHT?http://www.youtube.com/watch?v=dhRUe-gz690

No matter what the evidence or facts against the theory, it is only a flesh wound?

Part 1: Video Lecture of Investing “Guru” Mr. Yachtman, A Large Cap Value Investor

On Wall Street he and a few others – how many? three hundred, four hundred, five hundred? had become precisely that… Masters of the Universe.–Tom Wolfe

Yachtman Video Lecture (90 minutes) at a business school

Yachtman is considered a large-cap value manager. Active vs. Passive Investing. Did Mr. Yachtman exhibit skill as an active stock-picker? Learn about his fund here: http://www.yacktman.com/performance.html

Wealth Trak Video (10 minutes) Interview: http://www.youtube.com/watch?v=suNdO_3S0I8&feature=related

Three year returns:    8.93%;     five year: 8.49%;    10 year: 13.59%

Yachtman Video Lecture (90 minutes): http://www.youtube.com/watch?v=KWUK_fzVlro&feature=email

In part 2 we will try to determine if his results are due to skill or luck. Thoughts?

Part 2: Using Value-Line Case Study-Balchem (BCPC)

Reach of Federal Power is Questioned (Obama Care)

It’s “the old Jack Benny thing,” Justice Scalia said, invoking the joke where a robber holds up the famously stingy comedian and says, “‘Your money or your life,’ and, you know, he says, ‘I’m thinking, I’m thinking,'” Justice Scalia said. “It’s funny, because there is no choice.”

BalChem (BCPC)

Initial post on using Value-Line:http://wp.me/p1PgpH-Bc

Then I posed a case study of a Value-Line with the market prices and name removed here:
https://rcpt.yousendit.com/1436735756/193a1b94378638992ed275c546460c22

The company in the case study is Balchem: https://rcpt.yousendit.com/1439168384/30543fcee251a06356192fe6d4de2c7f

Take a few minutes to review the Value-Line to determine if your perceptions of your initial analysis changed. Ask if the company is worth studying further. There is no correct answer; it depends upon your investment philosophy.

Part 3 will be my discussion of Balchem using the Value-Line posted tonight or early tomorrow. In the spirit of full disclosure, I have owned Balchem (BCPC) back in 1996 – 1999 (before the 10x rise in price!) so take my words with an antidote. I bought on the basis of book value, made money, but I had no clue back then of what was a good or bad business. I was buying on the basis of cheap metrics. You can make money but still make a mistake. Ignorance was my blinder.

Below are a few more Value-Lines which I will discuss in the next post (part 3)

CPST:http://www.yousendit.com/download/M3BueEVha0RWRC9FdzhUQw

MLR:https://rcpt.yousendit.com/1439169064/e81960cdf6b1c4d5b009edf49dc727c2

PEP:http://www.yousendit.com/download/M3BueEVha0RwM241SE1UQw

Imagine sorting through a huge pile of mail. You need to discard companies that are of no interest. Value-Line publishes updates on each company about 4 times a year, so you will become more adept sorting companies the more times you review Value-Line. At first, the process will be time-consuming, but you will learn more about companies, valuations and market perceptions.

Mises on Money, Euro Crisis and ObamaCare in Context

Mises on the basics of money:http://mises.org/daily/5972/Mises-on-the-Basics-of-Money  A good primer and review on what is money.

Audio of the causes and effects of the Euro Crisis: http://www.lewrockwell.com/lewrockwell-show/wp-content/uploads/266_North.mp3

Audio of David Stockman on what is to come from the financial crisis:http://www.lewrockwell.com/lewrockwell-show/wp-content/uploads/265_Stockman.mp3 This guy is a former insider.

Back to the future on Obamacare or why we are losing our liberties: http://townhall.com/columnists/thomassowell/2012/03/28/back_to_the_future

Note the absurdity of unchecked government regulation–a government bureaucratic 2,000 miles away can tell you what you can grow on your own property. What will be next? How many times you can breathe?

When a 1942 Supreme Court decision that most people never heard of makes the front page of the New York Times in 2012, you know that something unusual is going on.

What makes that 1942 case — Wickard v. Filburn — important today is that it stretched the federal government’s power so far that the Obama administration is using it as an argument to claim before today’s Supreme Court that it has the legal authority to impose ObamaCare mandates on individuals.

Roscoe Filburn was an Ohio farmer who grew some wheat to feed his family and some farm animals. But the U.S. Department of Agriculture fined him for growing more wheat than he was allowed to grow under the Agricultural Adjustment Act of 1938, which was passed under Congress’ power to regulate interstate commerce.

Filburn pointed out that his wheat wasn’t sold, so that it didn’t enter any commerce, interstate or otherwise. Therefore the federal government had no right to tell him how much wheat he grew on his own farm, and which never left his farm.

The Tenth Amendment to the Constitution says that all powers not explicitly given to the federal government belong to the states or to the people. So you might think that Filburn was right.

But the Supreme Court said otherwise. Even though the wheat on Filburn’s farm never entered the market, just the fact that “it supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market” meant that it affected interstate commerce. So did the fact that the home-grown wheat could potentially enter the market.

The implications of this kind of reasoning reached far beyond farmers and wheat. Once it was established that the federal government could regulate not only interstate commerce itself, but anything with any potential effect on interstate commerce, the Tenth Amendment’s limitations on the powers of the federal government virtually disappeared.

Over the years, “interstate commerce” became magic words to justify almost any expansion of the federal government’s power, in defiance of the Tenth Amendment. That is what the Obama administration is depending on to get today’s Supreme Court to uphold its power to tell people that they have to buy the particular health insurance specified by the federal government.

There was consternation in 1995 when the Supreme Court ruled that carrying a gun near a school was not interstate commerce. That conclusion might seem like only common sense to most people, but it was a close 5 to 4 decision, and it sparked outrage when the phrase “interstate commerce” failed to work its magic in justifying an expansion of the federal government’s power.

The 1995 case involved a federal law forbidding anyone from carrying a gun near a school. The states all had the right to pass such laws, and most did, but the issue was whether the federal government could pass such a law under its power to regulate interstate commerce.

The underlying argument was similar to that in the 1942 case of Wickard v. Filburn: School violence can affect education, which can affect productivity, which can affect interstate commerce.

Since virtually everything affects virtually everything else, however remotely, “interstate commerce” can justify virtually any expansion of government power, by this kind of sophistry.

The principle that the legal authority to regulate X implies the authority to regulate anything that can affect X is a huge and dangerous leap of logic, in a world where all sorts of things have some effect on all sorts of other things.

As an example, take a law that liberals, conservatives and everybody else would agree is valid — namely, that cars have to stop at red lights. Local governments certainly have the right to pass such laws and to punish those who disobey them.

No doubt people who are tired or drowsy are more likely to run through a red light than people who are rested and alert. But does that mean that local governments should have the power to order people when to go to bed and when to get up, because their tiredness can have an effect on the likelihood of their driving through a red light?

The power to regulate indirect effects is not a slippery slope. It is the disastrous loss of freedom that lies at the bottom of a slippery slope.

 

Buffett in his Early Years

Thanks to a reader: A link to Buffett’s Early Letters and his Portfolio
http://www.futureblind.com/ 2008/08/early-berkshire- hathaway-letters/ http://www.gurufocus.com/news/ 169950/how-warren-buffett- made-his-first-100000

How Buffett Got Started

A great story by Buffett in the latest issue of ForbesLife about how he got started (with some wonderful old pictures of him and his family from the 1950s):

Forbes, 3/26/2012    Warren Buffett’s $50 Billion Decision

This article, by Warren Buffett, as told to Randall Lane, appears in the upcoming April issue of ForbesLife magazine, as part of its “When I Was 25″ series. By Warren Buffett

Benjamin Graham had been my idol ever since I read his book The Intelligent Investor. I had wanted to go to Columbia Business School because he was a professor there, and after I got out of Columbia, returned to Omaha, and started selling securities, I didn’t forget about him. Between 1951 and 1954, I made a pest of myself, sending him frequent securities ideas. Then I got a letter back: “Next time you’re in New York, come and see me.”

So there I went, and he offered me a job at Graham-Newman Corp., which he ran with Jerry Newman. Everyone says that A.W. Jones started the hedge fund industry, but Graham-Newman’s sister partnership, Newman and Graham, was actually an earlier fund. I moved to White Plains, New York, with my wife, Susie, who was four months pregnant, and my daughter. Every morning, I got on a train to Grand Central and went to work.

It was a short-lived position: The next year, when I was 25, Mr. Graham—that’s what I called him then—gave me a heads-up that he was going to retire. Actually, he did more than that: He offered me the chance to replace him, with Jerry’s son Mickey as the new senior partner and me as the new junior partner. It was a very tiny fund—$6 million or $7 million—but it was a famous fund.

This was a traumatic decision. Here was my chance to step into the shoes of my hero—I even named my first son Howard Graham Buffett. (Howard was for my father.) But I also wanted to come back to Omaha. I probably went to work for a month thinking every morning that I would tell Mr. Graham I was going to leave. But it was hard to do.

The thing is, when I got out of college, I had $9,800, but by the end of 1955, I was up to $127,000. I thought, I’ll go back to Omaha, take some college classes, and read a lot—I was going to retire! I figured we could live on $12,000 a year, and off my $127,000 asset base, I could easily make that. I told my wife, “Compound interest guarantees I’m going to get rich.”

My wife and kids went back to Omaha just ahead of me. I got in the car, and on my way west checked out companies I was interested in investing in. It was due diligence. I stopped in Hazleton, Pennsylvania, to visit the Jeddo-Highland Coal Company. I visited the Kalamazoo Stove & Furnace Company in Michigan, which was being liquidated. I went to see what the building looked like, what they had for sale. I went to Delaware, Ohio, to check out Greif Bros. Cooperage. (Who knows anything about cooperage anymore?) Its chairman met with me. I didn’t have appointments; I would just drop in. I found that people always talked to me. All these people helped me.

In Omaha, I rented a house at 5202 Underwood for $175 a month. I told my wife, “I’d be glad to buy a house, but that’s like a carpenter selling his toolkit.” I didn’t want to use up my capital.

I had no plans to start a partnership, or even have a job. I had no worries as long as I could operate on my own. I certainly did not want to sell securities to other people again. But by pure accident, seven people, including a few of my relatives, said to me, “You used to sell stocks, and we want you to tell us what to do with our money.” I replied, “I’m not going to do that again, but I’ll form a partnership like Ben and Jerry had, and if you want to join me, you can.” My father-in-law, my college roommate, his mother, my aunt Alice, my sister, my brother-in-law, and my lawyer all signed on. I also had my hundred dollars. That was the beginning—totally accidental.

When I formed that partnership, we had dinner, the seven of them plus me—I’m 99 percent sure it was at the Omaha Club. I bought a ledger for 49 cents, and they brought their checks. Before I took their money, I gave them a half sheet of paper that I had made carbons of—something I called the ground rules. I said, “There are two or four pages of partnership legal documents. Don’t worry about that. I’ll tell you what’s in it, and you won’t get any surprises.

“But these ground rules are the philosophy. If you are in tune with me, then let’s go. If you aren’t, I understand. I’m not going to tell you what we own or anything like that. I want to get bouquets when I deserve bouquets, and I want to get soft fruit thrown at me when I deserve it. But I don’t want fruit thrown at me if I’m down 5 percent, and the market’s down 15 percent—I’m going to think I deserve a bouquet for that.” We made everything clear, and they gave me their checks.

I did no solicitation, but more checks began coming from people I didn’t know. Back in New York, Graham-Newman was being liquidated. There was a college president up in Vermont, Homer Dodge, who had been invested with Graham, and he asked, “Ben, what should I do with my money?” Ben said, “Well, there’s this kid who used to work for me.…” So Dodge drove out to Omaha, to this rented house I lived in. I was 25, looked about 17, and acted like 12. He said, “What are you doing?” I said, “Here’s what I’m doing with my family, and I’ll do it with you.”

Although I had no idea, age 25 was a turning point. I was changing my life, setting up something that would turn into a fairly good-size partnership called Berkshire Hathaway. I wasn’t scared. I was doing something I liked, and I’m still doing it.