Daniel Berger

 

Recent Posts by Daniel Berger

  • U.S. Middle East Policy: Another View of the Compass

    Feb 25, 2011Daniel Berger

    egypt-flag-wall-150A real understanding of the Administration's strategy to bring democracy and stability to the Middle East.

    egypt-flag-wall-150A real understanding of the Administration's strategy to bring democracy and stability to the Middle East.

    This responds to Naill Ferguson's misconceived diatribe against the Obama Administration's reaction to the overthrow of Hosni Mubarak in Newsweek. In it, Ferguson presents three critiques of the Administration's actions: that it was misinformed and unprepared, that it acted in a contradictory manner, and -- most damming -- that it has no overall geo-strategic plan either for the Middle East or elsewhere.

    Ferguson's overall critique concerning the Middle East is fundamentally misdirected and, to the extent that it has any validity, really relates to the effects of 40 years of dubious U.S. foreign policy decisions, for which Obama can hardly be held responsible. During this period (including during the entire Cold War), the U.S. actively supported a long line of Middle East autocrats, almost always to the detriment of the Arab populaces and societies over which they ruled. Many have said recently that in this approach the U.S. favored "stability" over other considerations. It, of course, did not. What it favored was the ability to make deals with existing governing elites in the Middle East region to promote U.S. interests including fighting our enemies, securing our principal energy supply, and protecting Israel.

    In retrospect, the U.S. roughly achieved these aims -- but for what now appears to be only on a temporary basis. And it did so seemingly at the expense of both long-term stability and the protection of its interest in (so far) the two largest and geo-significant countries in the region: Iran and Egypt. Ferguson assumes the prospects of future cooperation with these countries will be bleak.

    It should be left to historians to decide whether this was a reasonable trade-off. Suffice to say, at least for the Cold War period, the U.S. had a real geo-strategic adversary, the Soviet Union, whose existence could arguably justify our unconditional support of the various Middle East dictators on our payroll. Since the fall of communism, however, no comparable excuse has existed.

    That the U.S., in retrospect, should at some point have pursued other policies rather than helping to entrench the Middle East governing status quo long before Obama appeared on the scene is, of course, not Obama's fault. Indeed, the U.S. had many years -- decades -- and many, many opportunities to solve the basic policy challenges in the region in the post-World War II era. The fact that it was able to accomplish lasting success in only one of its core missions represents a profound judgment against U.S. policy making and execution in this region -- particularly over the last 20 years.

    Nor is the Obama Administration's decision to support democratization in Egypt and hope it will produce a regime that will cooperate with us indicative of faulty policy formation, indecision, or lack of planning. It is a necessity. Indeed, in light of the history of U.S. involvement in the Middle East, what realistic alternative do we have? What grand design does Ferguson have in mind?

    Furthermore, Ferguson's suggestion either that different rhetoric or more resolve from Obama could have saved Mubarak represents a fundamental misunderstanding -- bordering on delusion -- of the reality of power in Egypt and the Middle East. The issue is not about U.S. resolve, but rather about the lack of legitimacy of Mubarak and other corrupt, stagnant regimes in the region.

    Sign up for weekly ND20 highlights, mind-blowing stats, event alerts, and reading/film/music recs.

    Instead of trying to shift responsibility from others with whom it really resides, we might want to reflect on policies that would enhance, rather than detract from, the possibilities for successful democratization -- and which should have been followed earlier. First and foremost is to reject Ferguson's conclusion that the principal danger now in Egypt is an Islamic fundamentalist takeover. This outcome would represent the end result of what is referred to as the "Iranian" model of Middle East political change and is the outcome forecast to occur by Ferguson's recent host, the Israeli government. To the contrary, the biggest danger both to and of democratization in the region and Egypt in particular is a continuation of economic conditions that consign 40% of Egypt's population to unemployment and permanent poverty. Without some meaningful improvement in economic conditions for the Arab masses, democratization is doomed and will lead to what Ferguson fears -- or worse.

    So in addition to supporting a transition to democratic process in Egypt (and since when is an interim government to be followed by elections sound policy in Iraq but not in Egypt?), the U.S. needs to support policies that permit renewed rapid economic growth in Egypt and the region, improved work place conditions, and (God forbid) a fairer distribution of wealth. Supporting some type of social justice agenda like this would be the single most important step that the U.S. could take to ensure the successful emergence of secular, representative democracy in Egypt and in the region and to blunt religious autocracy and extremism. It goes without saying that strong secular democracies would also represent desirable geo-political counter-weights to Iran. (That, and finally presiding over a fair and just settlement of the Arab-Israeli conflict by persuading Israel to trade land for peace, would be the most needed steps the U.S. could now take to achieve its objectives and protect its interests.) In his Cairo speech (indeed, in the very language cited by Ferguson), Obama explicitly recognized these social justice concerns as a bulwark against extremism. Thus, contrary to Ferguson's contention, Obama arguably has accurately analyzed a number of the fundamental dilemmas in the region.

    Markets, the world economic system, shared economic growth: Duh, sounds like a no-brainer. It is mystifying why a commentator of Ferguson's stature and one of the most public proselytizers of globalization would not give Obama some credit -- instead of dismissing his remarks as hopelessly naive.

    Finally, Ferguson completely omits another fundamental U.S. policy blunder in the Middle East and one which it also had decades to solve: energy dependence on an unstable area. Thirty-five years ago, Jimmy Carter (for whom Ferguson exhibits contempt) proposed and got enacted by the Congress a comprehensive energy policy, including the development of alternative fuels and increased energy efficiency and conservation. If we had followed through on even a portion of it, it would have made the U.S. completely independent of foreign oil production today. Leaving aside the economic benefits that would have accrued in terms of innovation and first-mover advantage in the energy industry (which would have positioned us to dominate long before the emergence of China as an economic competitor) and the advantages which we would have realized from energy independence in dealing with the problem of global climate change, ending Middle East oil dependency would have dramatically altered for the better the geo-political equation there. Now that would have been a real grand stratagem of the type Ferguson called for (and still could be). Again, Obama was not to blame for dismantling Carter's credible and sound plan to end dependence on Middle Eastern oil. Rather, Reagan and the Republican "revolution" of the last 30 years were responsible for that disaster. Nor is he standing in the way of alternative energy development, even if belated but still necessary, to end dependence on foreign oil.

    Ferguson would have done a greater service to readers of Newsweek by discussing these and other fundamental flaws in U.S. foreign policy in the Middle East, rather than assailing Obama with the usual litany of neo-conservative fixations: radical Islam, Iran, revanchist Russia and the Chinese "threat." Only if we come to terms with the history of our Middle East policymaking and its effects can we understand Obama's reaction to Mubarak's fall, what needs to be done now, and the sufficiency of his response -- all matters on which Ferguson was silent.

    Daniel Berger is an attorney in the field of complex litigation, including securities and anti-trust litigation, and has a broad-based knowledge concerning the structure and functioning of the US economy and US financial markets. He practices in Philadelphia.

    Share This

  • Our Economic Future: The Long and Short of It

    Dec 20, 2010Daniel Berger

    spending-money-150Despite hand-wringing, we aren't in danger of a Debt Super-Cycle and stimulus spending will have a real economic impact.

    spending-money-150Despite hand-wringing, we aren't in danger of a Debt Super-Cycle and stimulus spending will have a real economic impact.

    Recently, some progressives have argued that further short-term economic stimulus is unlikely to be effective because consumer spending -- which was running at almost 70% of GDP pre-crisis -- has been artificially inflated for many years (perhaps decades) and is simply unsustainable. So, even if renewed consumption could be stimulated, it would never return to pre-crisis levels or levels necessary to achieve full employment. Moreover, given the outsourcing of the US manufacturing base over the last 30 years, stimulating consumption would simply create jobs in China and elsewhere. Accordingly, a large stimulus in the short-run that requires significant additional deficit spending (and borrowing to finance it) is not worth it. Worse, it could be self-defeating and, even if successful, permit avoiding more critical long-term economic problems.

    Obviously, both the public policy and political stakes of these views are particularly high and amount to saying that, without addressing long-term structural economic problems, the economy will never emerge from recession or approach full employment. While I sympathize with many of these sentiments and, indeed, have argued some of them myself, I do not agree with the ultimate conclusion. Indeed, it seems to classically confound the short-run cyclical condition of the economy with its long-run structural problems. Although short-run and long-run economic effects have interacted, they need to be kept separate to understand what needs to be done about unemployment now.

    It is true that, starting 30 years ago with Reagan's election, household incomes for the vast majority of US households stagnated because of the economic philosophy (and policies) of the Republican Party and its devotion to the wealthy elite in this country. Most household income growth during this period accrued to the top 2% with the vast majority of that in the top ½ of 1%. In order to maintain their standard of living, most households below the top 2% borrowed extensively, particularly in the last 10 years during the housing boom, causing a sharp build-up of household debt. And because of abnormally low interest rates in the last 10 years, there was also a significant build-up of corporate debt. Together, private sector debt experienced significant above trend growth in the last 10 years and reached record levels as a percentage of GDP. Spending beyond the means of most consumers and the subsequent build-up of private sector debt represent classic long-term structural features of the economy.

    At the same time, on a short-run cyclical basis, the economy experienced a horrendous financial crisis that resulted from a short-run boom-bust credit cycle. The crisis produced a sharp contraction of credit in the economy that in turn caused households to cut consumption and businesses to cut production. Spending cuts by consumers and business triggered the current punishing recession (which almost became a depression) and mass unemployment. These near catastrophic events were short-term cyclical in nature.

    Certainly one of the effects of the unprecedented disparity in wealth that has built up over the last 30 years has been to impair the purchasing power of the middle class and the poor. It has also undermined government economic stabilization policy by making it harder to reflate the economy in the short-run and to avoid a Japanese-style deflation or even a catastrophic depression. However, if handled properly, I do not see the current situation in the US approaching these extremes at this time.

    Here's why. Following the Depression of the 1930s, policy makers were determined to avoid repeating its central financial problem: catastrophic debt-deflation. Looking at the business cycle from a pure money and banking perspective, the traditional view was that economic downturns (like the Depression) were caused by credit cycles. An extreme contraction of credit could result (like in the Depression) in a system-wide debt-deflation in which all private debt in the economy was liquidated before the next cycle began. The "liquidation" view of the business cycle has subsequently been referred to as that of the "Austrian School" of business cycle theory.

    Sign up for weekly ND20 highlights, mind-blowing stats, event alerts, and reading/film/music recs.

    The problem with the Austrian School approach is that the liquidation of private sector debt (i.e. the default, foreclosure and forced sale of all debt) as the "stabilizing" mechanism for the business cycle is tremendously destructive economically. The authorities realized that it could be avoided by restarting -- or "reflating" -- the credit cycle before a debt-deflation took hold. Reflation could be achieved by the central government providing adequate liquidity to the financial sector so that it could restart lending and stimulate aggregate demand in the real economy so that borrowers could resume carrying their debt. This approach combines expansionary monetary and fiscal policy and is known as the Keynesian approach to the business cycle.

    So far, so good. Policy reflation has worked in every recession in the post-World War II period and the destructive effects of wide-spread deflation of existing debt -- with the associated collapse of business and household spending -- have largely been avoided. However, there is a little-known caveat to the Keynesian approach: By stopping the debt liquidation process and reflating existing private debt, private sector debt builds up from business cycle to business cycle. This is known as the Debt Super-Cycle. The Debt Super-Cycle is characterized by rising levels of private debt and growing balance sheet illiquidity (i.e. greater levels of debt) of corporations and households, which makes them (and the larger economy) increasingly vulnerable to downward fluctuations in the short-run business cycle.

    The problem is that at some point the Debt Super-Cycle will come to an end. This will happen when businesses and households are unable to borrow any further to roll over existing debt and restart spending -- even with public sector support. The idea that short-run fiscal stimulus will not work or is not worth it because the effect will be too limited is really saying that the Debt Super-Cycle is now at an end and that the authorities cannot achieve reflation.

    But we are nowhere near that point. The corporate sector's balance sheets are currently flush and corporations are spending on everything other than expanding business and generating new jobs. It is true that households are not in a position to increase borrowing or spending, as their balance sheets are tapped out and they are busy raising their savings rates and deleveraging. Consumer spending growth is lower than in any recovery since World War II. No doubt we have a long way to go and the recovery is only modest.

    However, what we are lacking is adequate fiscal stimulus to get more spending rolling in the short-run. Increased short-run stimulus will increase demand for goods and services from businesses and assist deleveraging and stimulate spending among households. And, since the corporate sector is flush, all that is needed to increase spending and employment now is a surge of demand for goods and services -- which can be supplied by direct public spending on such things as infrastructure, R&D, alternative energy projects, etc.

    Meanwhile, fears relating to the deficit and the concomitant national debt associated with additional short-run stimulus, while real, are only long-term structural problems. They do not represent a realistic threat for at least another 3-5 years, depending on the strength of the current recovery.

    It is clear from the level of interest rates for Treasury obligations that the government is presently more than able to carry its debt. Moreover, the credit worthiness of the US -- according to stringent analytical tests applied by credit rating agencies and others -- is still sound. Indeed, it is triple "A". These are true despite a disturbing increase in the public debt-to-GDP ratio that is primarily due to the Bush tax cuts, Bush era wars and deficit spending caused by the recession (which will evaporate once the recovery becomes fully self-sustaining). In fact, the rating on US debt is above that of the vast majority of other economically advanced nations. The European sovereign debt crises roiling several small countries has no relevance to the US.

    Based, in part, on the rebound of the savings rate in the US, there are also more than enough available funds to finance renewed fiscal stimulus for the foreseeable future. After that, the only issue is whether, on a longer-term basis (about 3-5 years), current and foreseeable deficits will adversely affect interest rates as a result of the crowding out phenomenon. Whatever that risk, the only realistic way to control public sector debt involves, first and foremost, a resumption of much more rapid economic growth in the short-run which will permit the economy to grow at or above its long-run potential growth rate of 2-2.5% in real terms. Realizing this type of growth in the short-run will require greater stimulus now.

    Daniel Berger is an attorney in the field of complex litigation, including securities and anti-trust litigation, and has a broad-based knowledge concerning the structure and functioning of the US economy and US financial markets. He practices in Philadelphia.

    Share This

  • The 2010 Elections: Now What Do We Do?

    Nov 15, 2010Daniel Berger

    question-mark-150In the second post of a two-part series, Daniel Berger explains that Democrats must approach messaging like marketing -- and try to forge partnerships with our elites.

    What Is To Be Done?

    question-mark-150In the second post of a two-part series, Daniel Berger explains that Democrats must approach messaging like marketing -- and try to forge partnerships with our elites.

    What Is To Be Done?

    In a previous post, I identified some of the serious deficiencies in the political strategies followed by the Democratic Party and, to a lesser extent, the progressive political movement in general. A general policy approach as a political strategy or a so-called "centrist" strategy -- while not without their positive aspects -- is simply not effective. Moreover, the Democrats need to figure out a way to engage business and professional elites without totally abandoning their progressive ideals and base. Fortunately, alternatives to current approaches exist on both scores.

    Values/Belief-Based Politics

    One of the principal insights of modern advertising is that marketing efforts are most effective when focused on the attributes not of the product but of the audience to whom it is being sold. In the advertising industry, promotional efforts are geared to the demographic, financial, social and cultural attributes of consumers in marketing segments, not the product.

    Politics can be seen as analogous to advertising or product promotion, since it involves the "selling" of candidates or ideas to the public -- a target audience -- with analogous "marketing" characteristics. Beliefs in and of themselves and as characteristics of the electorate are central to the political persuasion process. This strategy could be called a "values- or belief-based approach" to politics.

    There are two general approaches to values/belief-based political strategies. The first approach focuses on a set of basic principles or values, which a political party claims to represent. For example, the Republican Party has purported to represent the values of individualism, property rights, free enterprise and patriotism. More recently, it has added religion and family. The Democratic Party has also had a long history of advocating values and ideals that are central to the American experience and ethos. These broadly shared values include equality, fairness, justice, community, support for the little guy and underdog and making the world a better place. However, it would be difficult to identify the Democratic Party now -- or even the progressive movement -- with any recognizable broad-based set of shared values, because of their current political strategies.

    Articulating a set of beliefs is important. Studies of public opinion show that voters often make political decisions based on their belief systems and affinities they feel for candidates, rather than specific policy issues. The Republicans are deep into the values/belief approach to politics. They have gone to great lengths to differentiate Obama from the average voter, attempting to portray him as either not sharing the values of the average person or simply different, even against accusations of racism. They have also charged the President and Democrats as being "un-American," even as it strikes reasonably informed people as both ludicrous and reprehensible. Despite persistent questioning of their integrity, the Republicans persist in these efforts, suggesting that they may have public opinion data showing that these strategies are effective.

    Whatever the effectiveness of this ploy, Democrats cannot and should not cede the definition of "American" to the Republican Party. Let us not forget that the Republican leadership has acquiesced, if not openly supported, advocacy by its members and spokespersons of violent overthrow of the government or secession from the United States, tantamount to the commission of sedition. Moreover, their reckless domestic and foreign policies have destroyed the U.S. economy, including fighting disastrous wars without paying for them and, inter alia, the deregulation of the financial markets, which directly led to the current economic emergency. This sorry record is real un-Americanism.

    A second approach to a values-based political strategy is to apply sophisticated advertising techniques to political messaging. Like a typical advertising campaign, the target audience is segmented into sub-groups, analogous to market segments for marketing purposes, who share common affinities. This process is similar to public opinion surveying in the polling process, except much more detailed (through interviewing) and focused on actual values and beliefs expressed by each of the electorate sub-groups.

    Whether generalized or specific, the merits of a values-based political strategy needs to be seriously considered by the Democratic Party and its moderate and progressive allies. The Republican Party's vision of an "ideal" world is incomplete, self-contradictory, largely wrong and has brought American society to the brink of collapse. But it still can win out if there is no alternative. Politics, like nature, abhors a vacuum. Democrats must respond with their own vision or the Republican "vision" -- like a bad product, relentlessly promoted -- will appeal by default. Democrats can and should say what they believe in.

    For example, Democrats could say that they believe in a society that is not only free, but one that is also decent, humane, just, and environmentally responsible. In such a society, individual liberties are guaranteed and circumscribed by the principle of fairness. Private property rights and free enterprise are viewed as important ideals, but not absolute. Government has a key role in assuring that private interests don't get out of control and that the public interest is protected and upheld. Taxes are necessary to pay for public needs. Finally, Democrats believe in a strong national defense, but don't believe in nation or empire building -- except at home.

    A Strategy To Deal With The Elites

    The importance of pursuing a new approach for dealing with the elites is illustrated by the fact that in early October 2010, Michael Bloomberg sponsored a private and unpublicized dinner for the 100 richest people in the United States. The day of the dinner, one of the participants published an op-ed piece in the Wall Street Journal dealing with six fundamental problems facing the country, although without reference to the dinner that was scheduled to take place that evening. According to one of the participants, the sense of the assembled group was of deep concern about the state of the nation, the political situation in the U.S. and, in particular, the political will of the country to address its fundamental problems. No further information was provided on the issues addressed at the dinner or possible solutions proposed, if any.

    Sign up for weekly ND20 highlights, mind-blowing stats, event alerts, and reading/film/music recs.

    The good news is that the elites appear to be both concerned about the condition of the country -- and the responsiveness of the political system -- and open to a non-ideological policy approach currently favored by the Administration and the Democratic leadership in Congress. Without specifically saying so, they also appear to recognize that action by the government, if any, needs to be taken on the national level. This suggests that the elites could become natural allies if an understanding could be reached with them on two other fundamental issues: "market failure" and the problem of inequality. This would create a rational framework within which a meaningful dialogue could take place. On the other hand, an unwillingness on their part to consider one or both of these issues would probably make discussion impossible.

    Market Failure

    Sometimes markets fail to do the job assigned to them, namely, to allocate resources efficiently. Market failure, even in limited situations, has important implications from an economic organizational standpoint. First of all, the fact that markets can fail does not mean that the system is a failure and requires replacement by some other system of economic organization. Although there was a huge political fight about this subject in the 20th century, the weight of historical evidence is that a market system is superior to others. Market failure simply means markets and the system are not perfect, reflecting the unremarkable fact that human social institutions are imperfect. However, a commonly accepted corollary to the principle of the superiority of markets -- that nothing should be done to correct market failures -- does not in any way follow or hold true. Both economic theory and historical experience show that corrections for market failure can and do improve economic efficiency and social welfare.

    Additionally, market systems are not self-correcting, self-regulating economic systems. Regulation to correct and/or prevent market excesses and abuses is fully justified from the standpoint of economic efficiency and social welfare, as these terms are defined in standard economic theory. Thus, a more optimal form of economic organization than a pure "free market" system is a mixed system of private markets and government oversight and regulation to correct for instances of market excesses and abuses.

    The financial crisis, as was the case with the Great Depression, both clearly and spectacularly illustrate that markets fail, even egregiously. Most of the other pressing problems facing the nation -- such as energy, environment, climate change, health care, etc. -- also involve situations where markets fail or don't work well. Thus, any dialogue between the Democratic Party and the elites around a policy approach must at least recognize the problem of market failure and the reality that the market system is not completely (or always) self-correcting and self-regulating. If the elites accept this premise, a serious policy approach would be possible and a real prospect for a consensus could develop.

    Inequality

    A second issue that the elites must ponder long and hard is a policy issue almost always absent from lists of fundamental problems: inequality. Inequality was the driving political issue of the 20th century on a worldwide basis, and it split the world between capitalism and socialism and along economic, social and political lines.

    An economic system based on private property and free enterprise inherently produces vast inequalities in wealth because, inter alia, the economic returns to capital are far higher than the economic returns to labor. The unrestrained operation of market forces in capital and labor markets will necessarily concentrate wealth in the hands of property owners and their heirs, which invariably means in the hands of the few.

    The original arguments against inequality (and capitalism) were based on the proposition that massive inequality of the scope which capitalism and market forces produce is fundamentally unfair. Social scientific research has now also weighed in. Over the last 30 years, there has been an accumulation of research on the effects of wealth inequality in modern society. The result is that there now is a growing body of knowledge (including quantitative social scientific evidence) that wealth inequality is strongly correlated with virtually every social ill, dysfunction and pathology in modern society including crime, drug and alcohol abuse, divorce, domestic violence, illiteracy, illegitimacy, homelessness, truancy, school drop-out, and job absenteeism, among others. It is also highly correlated with medical illness, both physical and mental, accidents, premature death and suicide.

    Inequality also costs society hundreds of billions of dollars a year in lost productivity, and in the direct costs of medical treatment, even without taking into account the associated psychological pain and suffering or deleterious social effects. In a rational world, it would be cheaper for society to eliminate or materially reduce inequality than to continue to absorb its huge financial and other tolls. Although shocking, the U.S. has the highest level of economic inequality among the 35 leading industrialized nations as of 2009.

    There is also evidence that growing income disparities in the U.S. have caused middle class household income to stagnate over the last 30 years. Slow (if any) growth of this income was, in part, responsible for the unprecedented increase in household debt in the last 15 years, as middle class families borrowed on an unprecedented basis to maintain their standard of living. Increased private debt levels played a major role in the financial crisis and its associated fall-out, including the current unexpected slow recovery. As such, growing wealth inequality, because of its effects on middle class and working class purchasing power, is a threat to the short-run stability of the economy and places the economy more at risk of cyclical collapse.

    If these findings about the effects of wealth inequality are confirmed by subsequent research, the U.S. must reconsider the issue of inequality and determine whether social policies should be adopted to at least reduce its levels and/or its attendant effects. If the elites can set aside ideology and self-interest and recognize wealth inequality as a fundamental issue facing the country, then real progress could be made in fashioning a policy and political consensus with the Democratic Party and its progressive allies.

    Daniel Berger is an attorney in the field of complex litigation, including securities and anti-trust litigation, and has a broad-based knowledge concerning the structure and functioning of the US economy and US financial markets. He practices in Philadelphia.

    Share This

  • The 2010 Elections: What Went Wrong?

    Nov 2, 2010Daniel Berger

    elephant-and-donkey-150Republican ideology and policies created this mess. So how did Democrats squander the opportunity? In the first post of a two-part series, Daniel Berger explains how we got where we are.

    elephant-and-donkey-150Republican ideology and policies created this mess. So how did Democrats squander the opportunity? In the first post of a two-part series, Daniel Berger explains how we got where we are.

    Regardless of the outcome of the 2010 elections, the Democratic Party urgently needs a fundamental re-evaluation of its political strategy. The 2008 election of Barack Obama could have been a watershed event in U.S. politics -- not unlike Reagan's election in 1980, which initiated the 30-year political dominance of the Republican Party. It still could be.

    Obama won a substantial majority based on a strong showing among young people, minorities, and other voter groups far outside the Republican political base and ambit of influence. Together with a narrow plurality among independents, Obama's vote -- if replicated in future elections -- could represent a durable, long-term majority. Moreover, as a result of Obama's election, the Republican Party has splintered into two factions: an extreme mainstream and the ultra-extremist Tea Party. This opens up the possibility of a complete marginalization of the Republican Party to permanent minority status if the Democrats can co-opt its moderate element and demonize its extremes.

    But Democrats have had difficulty capitalizing on an apparent fundamental shift in the political landscape. They are actually struggling to maintain political control, even though the major problems facing the nation are directly attributable to 30 years of Republican neglect and misrule. Despite legitimate efforts by the Administration to begin to address these problems, Obama and his allies on Capitol Hill are being blamed for them.

    Notwithstanding the role of the Republican Party and its destructive policies, which are directly responsible for current conditions, any rebuke which the Democrats receive in the elections would also be a direct product of the Party's own ineffective political strategy and that of the entire progressive political movement.

    It is almost inconceivable that, during the worst economic conditions in 80 years, a conservative populism has arisen which, among other things, calls for the abolition of the national government. This comes after a recent collapse of private sector economic activity that caused mass unemployment. It required the national government to be the spender of last resort to stave off an economic catastrophe and support a slowly recovering economy. Eighty years ago, parallel conditions (which, left unchecked by the national government, spiraled out of control into the Great Depression) ushered in a progressive political movement responsible for the greatest era of political, social and economic reform in the history of the country. The 20th Century became the American Century and the U.S. was admired, even revered in the world.

    Yet where is progressive populism now? Why haven't masses of workers; members of the middle class who are unemployed, underemployed and underpaid; and their allies staged mass rallies to protest the behavior of Wall Street? Where are protests against the business sector for overdoing layoffs, or at least against the Tea Party, the intellectual and political successors of the Ku Klux Klan?

    At the very moment of recent political triumph for the Democratic Party and its progressive allies, at a moment in which the nation, for the first time in 30 years, has begun to take action to address its fundamental problems, all progress could be quickly lost in the 2010 elections.

    The nature and intensity of the opposition make clear that differences between the two parties now do not reflect competing visions of the future, but rather represent the future versus the past and reasonable change versus the entrenched, and often corrupt, status quo. Normally -- particularly in a moment of crisis -- the political argument in any rational political system would be resolved (as it was here during the Depression years) in favor of the future. So why are we now deeply worried that the argument will be resolved in favor of the past?

    The Limits of Current Strategies of Democrats/Progressives

    The Democrats seem currently to be following these discrete -- sometimes overlapping -- political strategies. First, apparently both the White House  and the Democratic Congress believe that decades of ideological warfare between liberalism and conservatism has sickened the voting public to this type of conflict and has opened the door to a non-ideological political appeal. Such an appeal could presumably identify a set of problems requiring the collective attention of the country and develop a corresponding set of policy solutions based on the best available information and ideas, whatever their ideological origin. This could be called "policy approach" to politics.

    While a policy approach is a good approach to governance, its effectiveness as a political strategy is questionable. The problems facing the country are complex. Unfortunately, issues that are poorly understood -- or even inaccessible to the public -- are easy targets of demagoguery and outright falsification (as the recent "debate" over health care showed).

    This is particularly true in the current 24/7 media environment, where any proposed idea is intensively scrutinized -- and inevitably distorted -- by the media. As a result, public support for any policy proposal must be established at the very outset of its consideration and at every step along the way. But this is impossible in the current environment, where the Republican Party isn't committed to a good faith discussion and resolution of differences. Thus, any policy proposal can be effectively derailed (or even demonized) if it is not shielded by an aggressive countervailing public relations campaign.

    Sign up for weekly ND20 highlights, mind-blowing stats, event alerts, and reading/film/music recs.

    A second strategy which the Democrats seemed to have adopted has been referred to as "centrist." Until recently, conventional wisdom has held that any political party must move to the center to establish and maintain political support. The Democratic Party represents 25-40% of the electorate. The liberal base is even smaller. So the leadership reasons that it must appeal to moderates and independents to win elections. While liberals, moderates, and independents largely agree on social issues, they disagree -- sometimes sharply -- on many other issues. As a result, Democrats have to straddle the fence between these factions. On policy issues they have had to settle for the most modest form out of fear of losing support among "moderates." They can never address the fundamental causes of a problem without worrying about alienating a group, nor can they articulate a general guiding principle. Thus, Democrats can never adequately explain the true nature of a problem and why action is necessary, so they seem to act out of political opportunism rather than principle.

    All this creates profound unease with the largest faction of the Democratic Party, the liberal base. For these reasons, Democrats wind up rarely appealing to them and almost appear to be running away from them.

    The President has a related, but discrete, problem. He was elected in large part by young people and minorities, who not only provided votes but also idealism, energy, and grassroots organization. Obama has seemingly deserted this base by not focusing, at least rhetorically, on issues that are important to it. The best example is immigration. The Republican Party's political agitation served up the issue on a silver platter to the Democrats. Their inability to capitalize on it among Latinos and other minority groups is truly mystifying.

    The Republicans, on the other hand, never pursue a "centrist" political strategy and always follow a "base" strategy. This causes the Republican Party to adopt extreme rhetoric and policy positions while allowing it to maintain a degree of coherence in its positions, as it is constantly pointing out that it acts "out of principle."

    Although Republicans do not try to expand their base by compromising their "core" beliefs, they have tried to move the political center to the right. The conservative movement has constructed an effective network of think tanks, front groups, and media assets that have virtually unlimited resources. This "Right-Wing Message Machine" has been winning the war of ideas, despite the progression of political and social ideas over the last 100 years and social scientific evidence, all of which overwhelmingly favor progressive policies.

    One example of the success of the conservative movement in moving the conventional wisdom to the right should suffice: public spending to stabilize the economy. Richard Nixon famously asserted early in his first term, "We are all Keynesians now." This statement reflected not only his Administration's embrace of Keynesian policy, but a consensus in both parties over modern macroeconomic theory. Nonetheless, 40 years later, conventional wisdom explicitly rejects the role of fiscal policy and, in particular, temporary government spending to make up for a collapse of private sector demand. This can only reflect the triumph of right wing ideology over all experience and reason.

    In a third strategy, it is also possible that Democrats are specifically appealing not so much to the general public, but to the business and professional elites in this country. These elites have a remarkable degree of influence at all levels of American society -- not only by influencing political decision makers, but by acting as decision makers themselves. Our government, particularly at the national level, consists of a revolving door between the business and public sectors. In effect, they form a class of permanent technocrats and are as close as it gets to a ruling class in the U.S. For this reason, to get anything done politically in the U.S. it is necessary to have their support.

    This latter point represents a double-edged sword for the Democratic Party. On the one hand, these elites follow a simplified form of the policy approach seemingly favored by the Democratic Party. Moreover, they are fairly well informed about the context in which policy decision-making takes place. So, unlike the public, it would be possible to make a serious appeal on policy grounds to the elites. Also, to their credit, they are almost all liberal on social issues.

    However, at this particular moment, an all-out appeal by the Democratic Party to the elites is treacherous both policy-wise and politically. They tend to be reasonably well informed about business, their professions, and the state of the country, but they are not particularly knowledgeable about specific policy issues. They can be easily misled about -- or willingly distort -- policy issues, particularly on subjects that are counter-intuitive.

    Worse, they also exhibit serious policy biases -- acting to protect their industries, professions, and permanent employers, and exhibiting biases reflecting the tension between private sector and collective action. The elites are devotees of the market and neo-liberalism. As a result, the elites have a general bias against government intervention in the market and policies designed to level the playing field or re-distribute wealth.

    A good example of elite bias is their tendency to support "Free Trade." Arguments in favor of free trade never take into account labor protections such as prohibitions against child labor; wage and hour standards; occupational safety and health protections; the right to organize; or prohibitions against work place discrimination. Nevertheless, free trade is an article of faith among the business and professional elites in the U.S. It is also an open secret that the private sector -- in particular, the large multinational corporations headquartered or operating in the U.S. -- has openly advocated free trade as a way to end-run government work place regulations, lower their labor costs, and increase their profitability.

    Thomas Frank makes an important point in "What's the Matter with Kansas." In his book, Frank addresses the following seeming paradox: Why would average working people in Kansas  -- home of staunch early 20th century progressive political populism -- vote against their economic interests and overwhelmingly support the Republican Party, the acknowledged party of Big Business that has systematically dismantled manufacturing and blue collar work in Kansas? Frank, a sociologist, found that on the key issue of jobs and overseas outsourcing, the Democrats were no better than the Republicans. Since there was no alternative on this issue, people in Kansas went with the Republicans, who they favored on some social issues. Frank's conclusion -- and his book -- are a devastating indictment of the Democratic Party on this critical issue.

    The irony is also too palpable not to note. Historically, the Democratic Party has been the party of labor and the working class and the Republican Party of business and the elites. But, as we have just seen, the Democratic Party now has tilted strongly toward the business and professional elites on a key issue of outsourcing (and many other issues) as its progressive populism has been hollowed out with the passage of time. Meanwhile, the emergence of conservative populism has been bought and paid for by Big Business to pave the way for the Republican Party to regain power, so as to avoid regulations favored by the Democrats and abhorred by the Republicans. The degree of political bad faith is astonishing. You just have to love politics in this country.

    Daniel Berger is an attorney in the field of complex litigation, including securities and anti-trust litigation, and has a broad-based knowledge concerning the structure and functioning of the US economy and US financial markets. He practices in Philadelphia.

    Share This

  • Repeated Reg Failures Fuel Calls for Restoring Accountability on Fraud as Senate Nears Debate on FinReg Reform Bill

    Apr 13, 2010Daniel Berger

    justice-zone-150Paul Krugman recently commented on financial market reform and the problem of regulatory enforcement and follow-up.

    justice-zone-150Paul Krugman recently commented on financial market reform and the problem of regulatory enforcement and follow-up. Acknowledging that the Administration and Congress had at least come up with a framework of re-regulation which could address most of the abuses which led to the recent crisis -- if vigorously implemented by vigilant, well funded regulators -- he raised the problem of future administrations (read Republican administrations or a Federal Reserve like the Greenspan-led Fed) which would be indifferent, even  hostile, to financial market regulation or totally captured by the financial services industry, and who would either negligently or intentionally jettison regulatory safeguards for financial markets.

    Since the appearance of Krugman's column, New Deal 2.0 has been approached by several commentators suggesting an entirely different approach to regulatory capture or ideological hostility to financial market regulation to that suggested by Krugman: civil liability for fraud by financial market players and their enablers through investor law suits. As these commentators have noted, civil liability has been a part of the federal securities laws since their inception during the Roosevelt Administration in the 1930s. They point out that like financial market regulation, civil liability to investors has been substantially weakened by legislation and court decisions over the last 30 years by actions of Republican Administrations and Congresses.

    Roosevelt Institute Braintruster Daniel Berger calls out recent articles by economist Robert Kuttner and four distinguished law professorrs, who explain why investors are on their own and must have legal rights to protect themselves:

    Recently on HuffPo, economist Robert Kuttner describes the sad record of failure by the regulatory agencies, including the Fed and the SEC, to recognize and address the corporate fraud which led to the collapse of Lehman Brothers. The devastating 2,200 page report by the Lehman bankruptcy examiner released last month should, Kuttner believes, cause a serious rethink of the whole approach to financial reform as drafted in the Senate Banking Committee financial regulatory reform bill (primarily authored by Committee Chairman Chris Dodd, D-CT):

    "Basically, Lehman cooked its books for a few days four times a year so that its quarterly reports would make the firm look far more solvent than it actually was." Kuttner believes the fact that regulators failed to detect this behavior and that it was made possible by the alleged knowing participation of Lehman's accounting firm and auditor, Ernst & Young, as well as seven bank counter parties and a British law firm, all of whom knew there was no legitimate business purpose to the transactions, highlights the failure of existing "systems that are supposed to protect investors, creditors and the larger economy from willful corporate fraud."

    Neither the bill already passed in the House of Representatives nor the reform bill soon to be debated on the Senate Floor address this regulatory vacuum. Kuttner concludes that the bills in their present form allow incubation of "the next generation of bubbles...while we are still recovering from the damage of the previous one."  He observes that if investors could have sued them, "Ernst and Young would have thought twice about giving Lehman a clean bill of health".

    Kuttner is among a growing number of experts who believe the best way to address the inherent failings of regulatory agencies is to restore the right of investors and creditors injured by corporate fraud to sue all those who knowingly participated in the fraud. He writes: "The original securities laws of the Roosevelt era envisioned that this kind of litigation -‘private right of action'- would keep both corporations, their auditors and the SEC honest."

    But bipartisan legislation in the 1990s and two major Supreme Court decisions in 1994 and 2008 have effectively eliminated liability for aiding and abetting securities fraud. Kuttner notes that "You can be sure if this right were still available, Ernst and Young would have thought twice about giving Lehman a clean bill of health."

    Kuttner's concerns were echoed by four distinguished law professors in an April 4th NYT op-ed, "How Washington Abetted the Bank Job" . The professors, Susan P. Koniak of Boston University, George M. Cohen of the University of Virginia, David A. Dana of Northwestern University and Thomas Ross of University of Pittsburgh, offer a ringing indictment of a corrupt financial culture involving mutual back-scratching -- from Enron up to the recent Lehman fraud and bankruptcy. These law professors track how Lehman is just the latest example of how "our banks had gone into the business of creating ‘products' to help companies, cities and whole countries hide their true financial condition...Now we discover that not only were our banks raking in huge profits helping others hide debt, but they also drank their own Kool-Aid".

    And the reaction of our regulatory guardians? They took "a permissive approach toward the debt-dissolving financial products that our banks had been developing, hawking and using for themselves for years," the professors say. Clearly, "our bank regulators were not, as they would like us to believe, outside the disco, deaf and blind to the revelry going on within. They were bouncing to the same beat".

    So if the regulators and Congress cannot reign in the banks, who can? The law professors conclude: "Congress needs to recognize that ‘regulatory capture', in which an agency becomes a pawn of the industry it is supposed to oversee, is real". And coming to the same conclusion arrived at by Kuttner, the professors state that "passing piecemeal fixes to outlaw each fraud-inviting instrument...will never be a substitute for restoring civil liability for abetting securities fraud. Innovation can too easily outstrip specific rules".

    We encourage you to read these stories in full.

    In addition to numerous law professors and economists like Robert Kuttner, restoring private aiding and abetting liability is supported by state securities law enforcement officers, as represented by the North American Securities Administrators Association, and other investor and consumer protection groups.

    Roosevelt Institute Braintruster Daniel Berger is an attorney in the field of complex litigation, including securities and anti-trust litigation, and has a broad-based knowledge concerning the structure and functioning of the US economy and US financial markets. He practices in Philadelphia.

    Share This

Pages