Bush Didn't Misspeak: The GOP Wants to Dismantle Reproductive Health Programs

Aug 5, 2015Andrea Flynn

Last night Jeb Bush made a slip of the tongue that let us know just where he stands on reproductive health. “I’m not sure we need half a billion dollars for women’s health issues,” he said at an event in Nashville. In a way, he’s right: We actually need much more than half a billion dollars to fully meet the need for publicly funded reproductive health services.

Last night Jeb Bush made a slip of the tongue that let us know just where he stands on reproductive health. “I’m not sure we need half a billion dollars for women’s health issues,” he said at an event in Nashville. In a way, he’s right: We actually need much more than half a billion dollars to fully meet the need for publicly funded reproductive health services. Bush has since backtracked on his comment, which came on the heels of Senate Republicans’ failed attempt to defund Planned Parenthood, but we should not be fooled. His remarks and the recent furor that led to said defunding attempt are a clear illustration of the resentment GOP lawmakers and candidates have for our nation’s reproductive health programs, and reflect their resolve to diminish them.

It’s important to consider Bush’s remarks and the attacks on Planned Parenthood in the political context of the past four years. As Elizabeth Warren indicated in her impassioned speech before the Senate this week, over the past five years Republican state lawmakers have passed nearly 300 new restrictions on reproductive health access. In the first quarter of 2015, lawmakers in 43 states introduced a total of 332 provisions to restrict abortion access, which is increasingly out of reach for women throughout the country. Republicans have voted more than 50 times to repeal the Affordable Care Act (ACA), which has dramatically improved women’s health coverage and access. In the fall of 2013, the party orchestrated a costly government shutdown motivated by their opposition to the ACA’s contraceptive mandate. And in June, House Republicans proposed eliminating funding for Title X, the federal family planning program.

When conservatives talk about “women’s health” funding, they aren’t talking about funding for abortion. Federal law already prohibits public dollars from being spent on abortion or abortion-related care. They’re talking about funding for family planning and other reproductive health services (pregnancy counseling, cancer screenings, STD treatment, etc.), which mainly comes through Medicaid and Title X, two programs that are consistently in conservative crosshairs.

There are no two ways about it: Funding for public reproductive health programs is far below where it should be. Today funding for Title X is 70 percent lower than it was in 1980 (accounting for inflation). If funding for this program had kept up with inflation over the last 35 years, the current funding level would be $941.5 million. In 2015, Congress appropriated $286.5 million for Title X (down from $317 million in 2010).

Congress approved these funding decreases (and Republican senators have proposed even further cuts while their House colleagues have proposed complete elimination of Title X) despite a growing need for services. The Guttmacher Institute reports that between 2000 and 2010, the number of women who needed publicly funded contraceptive services and supplies grew by 17 percent and by 2013 had grown by an additional 5 percent (an additional 918,000 women). Guttmacher attributes this to an increase in the proportion of adult women who are poor or low-income; the current U.S. public family planning program is only able to serve approximately 42 percent of those in need. Turns out “half a billion” isn’t quite enough.

"Title X-funded health centers provide essential preventive care to millions of women and men across the country and are often the only source of health care they receive all year," said Clare Coleman, President and CEO of the National Family Planning & Reproductive Health Association. "The network of publicly funded family planning providers has long been underfunded despite a growing need for these vital services."

Title X-funded clinics—of which some, but not all, are Planned Parenthood providers—are the backbone of the nation’s reproductive health care system, ensuring that low-income individuals, young people, immigrants, and women of color are able to access affordable, quality reproductive health services. Every year, nearly 5 million individuals rely on these providers for birth control, breast and cervical cancer screenings, pregnancy testing, and a range of other preventive services. In 2012, Title X clinics helped women avert 1.1 million unintended pregnancies that would have otherwise resulted in 527,000 unplanned births and 363,000 abortions. In addition to the extraordinary health benefits, Title X is smart economics. It’s estimated that every dollar invested in family planning yields a taxpayer savings of $7.09, and that Title X-funded clinics save more than $5 billion annually in pubic spending.  

Conservative lawmakers have spent much more time in recent years finding ways to restrict access basic health care than they have solving the actual problems that plague women and families like pay inequity, low wages, weak worker protections, and a lack of work–family benefits. If recent events are any indication, they’re not going to veer from that course now. Jeb Bush’s recent remarks, the hoopla over Planned Parenthood, and the relentless assault on reproductive health and rights is a clear reminder of where issues central to women and families fall on the priority list of conservative lawmakers: dead last.

Andrea Flynn is a Fellow at the Roosevelt Institute. Follow her on Twitter at @dreaflynn.

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Planned Parenthood Vote Highlights the GOP's Broken Moral Compass

Aug 4, 2015Andrea Flynn

Senate Republicans failed yesterday to advance a bill that would have defunded Planned Parenthood, but their crusade against the organization and others like it is far from over.

Senate Republicans failed yesterday to advance a bill that would have defunded Planned Parenthood, but their crusade against the organization and others like it is far from over. Speaking in support of the legislation she sponsored, Iowa Senator Joni Ernst said the Planned Parenthood videos have “shaken the moral compass of our country." But given that members of the “pro-life” party are willing to shut down the government over reproductive health access even as they ignore and exacerbate the actual crises that threaten our families and communities, we must question the alignment of the compass they’re following.

The video saga has now been proven to be complete nonsense. Two state investigations have cleared Planned Parenthood of any wrongdoing. Planned Parenthood is not, as the video’s editors portrayed, harvesting fetal tissue for profit, and their donation of such tissue and their compensation for related costs is, it turns out, perfectly legal. In fact, some of the senators leading this crusade (including Mitch McConnell) signed the very piece of 1993 legislation that legalized tissue donation. There are a number of issues shaking the moral compass of this country, but Planned Parenthood is not one of them.

Child poverty should shake our moral compass. Today, 22 percent of all children live in poverty, including 40 percent of Black children, and almost half live in low-income families. The U.S. child poverty rate is higher than all but one other OECD country. Poor children are more likely to drop out and perform poorly in school, to have developmental delays, and to experience behavioral, physical, and socioemotional problems. Yet conservatives still love to hate on the safety net programs that help keep these kids and their families afloat. In recent years, they have threated to cut funding for SNAP (food stamps) and WIC (the supplemental nutrition program that serves nearly 10 million low-income women and children) and have opposed legislation that would make it more affordable for low-income kids to go to college.

Maternal mortality should shake our moral compass. Today, more U.S. women die in childbirth and from pregnancy-related causes than at almost any point in the last 25 years, and the U.S. is one of only seven countries to see its maternal mortality rate increase over the last decade. Black women are three to four times more likely to die from pregnancy-related causes than white women, and in some communities experience a maternal mortality rate equal to that in some Sub-Saharan African countries. But instead of expanding access to quality, affordable, and comprehensive health care, conservatives are busy closing clinics that predominantly serve women of color, low-income women, and young women. They remain steadfast in their refusal to participate in Medicaid expansion under the Affordable Care Act (ACA), which would extend coverage and care to millions more low-income women. And they are still intent on repealing the ACA in its entirety, despite the fact that it has brought coverage to more than 16 million individuals.

Structural racism should shake our moral compass. The conservatives accusing Planned Parenthood of devaluing human life have been pretty quiet on the systemic violence and discrimination against communities of color. Where’s the outrage over Sandra Bland, Freddie Gray, Trayvon Martin, and the countless others who have died at the hands of law enforcement? Where’s the outrage from the supposed “pro-family” party over the school-to-prison pipeline that has torn apart families and communities across the country? Where’s the outrage over our imbalanced and unjust criminal justice system? Where is the space for these lives under the conservative pro-life umbrella?

Pay inequity should shake our moral compass. The gender pay gap in the United States is alive and well, with women still making 78 percent of the earnings of white men (Black and Latina women make 64 and 56 percent, respectively). This gap results in a significant loss of income for women and their families over the life cycle and contributes to the high rates of poverty among women and single mothers as well as children. If equal pay were realized, it would mean a raise for nearly 60 percent of U.S. women and two-thirds of single mothers. The increase in earnings would expand access to health care, food and housing security, and educational opportunities, and would have countless long-term benefits for children. But GOP senators have voted four times since 2012 to block the Paycheck Fairness Act, which would make it easier for employees to identify and address pay inequities. They are also consistently opposed to raising the minimum wage, a move that would benefit more than one-fifth of all children in the United States.

Income inequality—today greater than at any point since the Great Depression—should shake our moral compass. Thanks to our broken economic rules, the incomes of the top 1 percent increased by as much as 200 percent over the past 30 years while the net worth of the poorest Americans has decreased and stagnant wages and increased debt have pushed more middle-class families into poverty. After the 2008 recession, millions of Americans lost their homes, their jobs and their health care, and they are still struggling to regain their footing. The vast majority of Americans now believe a middle-class lifestyle is well beyond their reach. Yet conservatives continue to support the very policies that got us here in the first place: tax cuts for the wealthy; the erosion of unions and labor protections; and corporate structures that encourage a short-term focus on stock prices instead of long-term investments in growth and innovation.

The inability of individuals to access basic health services should shake our moral compass. Conservatives insist their efforts would not actually impact health access, because Planned Parenthood’s funding would simply be reallocated to other providers. But there are not actually enough providers to fill the void that would be left by Planned Parenthood. As Senator Patty Murray said, “you can’t pour a bucket of water into a cup.” Even with Planned Parenthood and the gains of the ACA, conservative laws have left women across this country reeling. We need more Planned Parenthoods and more of their sister clinics, not fewer.

Conservatives insist they care about the health of women and their families, but their actions indicate otherwise. They have proposed the elimination of Title X, the nation’s only program dedicated to providing family planning care and services. They are threatening—for the third time in four years—to shut down the federal government over reproductive health funding. They continue to support legislation that is closing clinics across the country, cutting access not only to abortion but also to basic preventive health services. The list goes on. This party is more interested in advancing its antiquated, harmful agenda than it is in the health of women—and men, young people, immigrants, trans folks, and low-income families—who rely on Planned Parenthood and other such providers. Their moral compass needs a good shaking up. 

Andrea Flynn is a Fellow at the Roosevelt Institute. Follow her on Twitter at @dreaflynn.

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Texas's New Gun Law Won't Make Campuses Safer for Women

Jun 23, 2015Emma Copeland

Texas recently passed some of the most conservative, pro-gun legislation in the country, which drastically liberalizes open carry laws on college campuses.

Texas recently passed some of the most conservative, pro-gun legislation in the country, which drastically liberalizes open carry laws on college campuses. With the aid of lobbyists and lawmakers backed by the National Rifle Association (NRA), the legislation is now moving forward in more than fourteen other states as well.

Student policymakers are a vital intellectual constituency, and it is imperative to include them in discussions and decisions regarding student life. The Texas open carry law virtually eliminates any semblance of student control over this issue and their campus environment. Although changes may be made on a campus-by-campus basis, the law expressly states that schools "may not establish provisions that generally prohibit or have [that] effect [on] license holders from carrying concealed handguns on the campus of the institution.” This is a limitation only on Texas's public colleges and universities, meaning students who can afford a private school can also afford personal safety and political choice. Those who enroll in public universities have those rights stripped from them from the start.

The absence of student input and the overwhelming presence of huge financing and pressure from the pro-gun lobby in the state’s original policy proposal is evident. These lobbying firms’ analyses include studies from pro-gun advocacy groups and anti-rape groups, yet students are left out completely.

I come from Virginia, a state with extremely loose open carry laws, and am therefore unfazed by a passing rifle or a handgun in the belt loop of my taxi driver. But as a student, I view my public college campus as a kind of sanctuary from the innate danger and threat that comes with a firearm in the street. New open carry laws on college campuses intended to decrease overall crime or “prevent sexual assault” simply increase the probability of deadly accidents with little hope of decreasing the likelihood of these heinous crimes. There is no evidence from city campuses in states with open carry laws that students are safer from sexual violence as a result of pro-gun legislation.

Constituents and legislators must ask themselves: is this truly responsible legislation? Studies have shown that upwards of 89 percent of sexual assaults occur under the influence of alcohol, and many others involve sedation drugs. Adding guns to an environment of drunkenness, recreational drug use, and violent assault is likely to have deadly consequences.

The Texas law and other bombastic proposals from groups like the NRA are taking advantage of sexual assault survivors and their traumatic stories and experiences. The NRA continues to engage in victim-blaming and guilt instead of responsible advocacy and after-care for survivors of these crimes. This kind of reckless lawmaking only leads to more long-term problems that necessitate further action in the future.

The idea that students need concealed weapons to prevent sexual assault on college campuses is a reminder that right-wing legislators are more concerned about financing their next campaign than creating meaningful and imperative policy for their collegiate constituents. Urging states to adopt these senseless open-carry laws connotes sexual assault as a natural occurrence in a woman’s college career—one that she must simply learn to fend off with a firearm. These pundits and politicians should spend more of their time producing progressive policy concerning the education, prevention, or after-care of students who will most likely encounter sexual assault in college, especially given that one in five collegiate women already have.

I have seen firsthand the ineffectiveness of my university’s efforts to educate and engage students and faculty on sexual assault as well as the failure of student health services in providing after-care to survivors. Inviting weapons onto campus shifts blame to survivors of sexual assault, perpetuating the idea that they are at fault for failing to protect themselves. The propensity for emotional damage to young college minds is astounding.

It is imperative to call for increased education instead of increased armament on campus. It has been proven time and time again that the right preventative measures achieve the desired result more effectively than defensive measures alone. The cycle of violence among students will never stop unless we truly change the policies surrounding our collegiate lives. In order to do that we must be part of the policymaking process.

Emma Copeland is a student at George Mason University, a 10 Ideas author, and a member of the Campus Network's Braintrust.

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Will the 2016 Election Include a Real Debate About Racial Justice in America?

May 1, 2015Andrea Flynn

Hillary Clinton's bold speech was a good start, but events in Baltimore show we're still a long way from addressing inequities.

Earlier this week Hillary Clinton used the first major policy address of her campaign to speak passionately about the systemic inequities and injustices that afflict communities of color in the United States, and presented herself as a markedly more progressive, empathetic, and authentic candidate than we’ve seen in the past.

Hillary Clinton's bold speech was a good start, but events in Baltimore show we're still a long way from addressing inequities.

Earlier this week Hillary Clinton used the first major policy address of her campaign to speak passionately about the systemic inequities and injustices that afflict communities of color in the United States, and presented herself as a markedly more progressive, empathetic, and authentic candidate than we’ve seen in the past.

Clinton’s remarks at Columbia University come against the backdrop of protests and unrest in the streets of Baltimore following the death of Freddie Gray, whose spine was nearly severed while in police custody. As Andrew Rosenthal wrote in The New York Times yesterday, our nation’s leaders should be at the forefront of a national conversation on “race, policing, and the crisis that exists in so many of our cities.” In many ways, Clinton’s remarks show she knows what the contours of that conversation should be, and that she has what it takes to elevate it to the forefront of our national consciousness.

“From Ferguson to Staten Island to Baltimore, the patterns have become unmistakable and undeniable,” she began, as she listed a handful of the men whose lives have been cut short as a result of police violence. Walter Scott of Charleston. Tamir Rice, the 12-year-old from Cleveland. Eric Garner of Staten Island. And now Freddie Gray in Baltimore.

“We have to come to terms with some hard truths about race and justice in America,” she said, adding that there is something “profoundly wrong” when Black men are more likely to be stopped and searched by police, charged with crimes, and handed longer prison sentences than their white peers; when 1-in-3 young Black men in Baltimore are unemployed and approximately 1.5 million Black men are missing from their families and communities as a result of incarceration and premature death.

Clinton could have kept her remarks limited to the broken criminal justice system, but she ventured further, acknowledging that the fractures in that system are just one cause—and also a symptom—of deep social and economic injustices that must be corrected if communities of color are to live safe, healthy, and economically secure lives. 

We also have to be honest about the gaps that exist across our country, the inequality that stalks our streets. Because you cannot talk about smart policing and reforming the criminal justice system if you also don't talk about what's needed to provide economic opportunity, better educational chances for young people, more support to families so they can do the best jobs they are capable of doing to help support their own children…

You don't have to look too far from this magnificent hall to find children still living in poverty or trapped in failing schools. Families who work hard but can't afford the rising prices in their neighborhood. Mothers and fathers who fear for their sons' safety when they go off to school—or just to go buy a pack of Skittles. These challenges are all woven together. And they all must be tackled together.

She enumerated the real marks of a nation’s prosperity: how many children can escape poverty and stay out of prison; how many can go to college without being saddled with debt; how many new immigrants can start small businesses; and how many parents can get and keep jobs that allow them to “balance the demands of work and family.” These indicators, she said, are a far better measurement of our prosperity “than the size of the bonuses handed out in downtown office buildings.”

In many ways, it is a sad commentary on the state of our nation’s politics that Clinton’s speech feels significant. But given our political discourse on race (or lack thereof), and the gender, race, and social and economic inequities that continue to rage on unchecked, it did indeed feel significant.

Of course, Hillary didn’t have far to climb to pass the low, low bar that has been set by Republicans. This week we saw members of the GOP blame the protests and uprising in Baltimore on everything from President Obama inflaming racial tensions (thank you, Ted Cruz) to the legalization of same-sex marriage (that gem of wisdom from Representative Bill Flores of Texas). GOP presidential hopeful Rand Paul blamed the “breakdown of the family structure, the lack of fathers, the lack of sort of a moral code in our society” and remarked on how glad he was that his train didn’t stop in Baltimore because it’s depressing, sad, and scary. And Jeb Bush proposed that there be a rapid investigation into the death of Freddie Gray “so that people know the system works for them” (even though—as Rosenthal pointed out—it clearly doesn’t).  

Clinton’s remarks were of an entirely different caliber than we’re hearing from the GOP (not that rising above that nonsense alone should win one points). But she still has a steep road ahead to convince justifiably cynical voters that she will run her campaign—and the nation, should she become our next president—with the same commitment to racial and economic justice that she espoused yesterday. The 2008 campaign left a bitter taste in the mouths of many progressives, especially those in communities of color. And, as Bill Clinton himself said yesterday, it was the tough-on-crime policies of his own administration that led to the over-policing and mass incarceration that his wife criticized.

It remains to be seen if yesterday’s speech will mark a real evolution in her long political career, and not, as some suspect, a calculated political pivot to appease the voters she will need to win this campaign. All things considered, it was a bold start to what will be a long campaign. This is the Hillary many have been waiting for. This moment requires a leader who will boldly challenge the inequities and injustice in our society—whether at the voting booth, on the job, in our neighborhoods, or within our criminal justice system—and lay out a clear path forward. That's the challenge and opportunity for Hillary; we don't yet know if she will accept it.

Andrea Flynn is a Fellow at the Roosevelt Institute. Follow her on Twitter @dreaflynn.

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How the End of GE Capital Also Kills the Core Conservative Talking Point About Dodd-Frank

Apr 10, 2015Mike Konczal

News is breaking that GE Capital will be spinning off most of its financing arm, GE Capital, over the next two years. Details are still unfolding, but, according to the initial coverage, “GE expects that by 2018 more than 90 percent of its earnings will be generated by its high-return industrial businesses, up from 58% in 2014.”

It’s good that our industrial businesses will be focusing more on innovating and services rather than financial shenanigans, but this also tells us two important things about Dodd-Frank: it confirms one of the stories about the Act and disproves the core conservative talking point about what the Act does.

Regulatory Arbitrage

A very influential theory of the financial crisis is that there were financial firms acting just like banks but without the normal safeguards that traditionally went with banks. There was no public source of liquidity or backstops through the FDIC or the Federal Reserve, a public good capable of ending self-fulfilling panics. There was no mechanism to wind down the firms and impose losses outside of the bankruptcy code. There weren’t the normal capital requirements or consumer protections that went with the traditional commercial banking sector.

Though we now call this regulatory arbitrage, at the time it was seen as innovation. GE Capital was explicitly brought up as a poster child for deregulation. You can see it in Bob Litan  and Jonathan Rauch’s 1998 American Finance for the 21st Century, which lamented the “twentieth-century model of financial policy” that, using transportation as an analogy, “set a slow speed limit, specified a few basic models for cars, separated different kinds of cars into different lanes, and demanded that no one leave home without a full tank of gas and a tune-up.” GE Capital was explicitly an example of a firm that could thrive with a regulatory regime that “focuses less on preventing mishaps and more on ensuring that an accident at any one intersection will not paralyze traffic everywhere else.”

This was very apparent in the regulatory space. The fact that GE owned a Utah savings and loan allowed it to be regulated under the leniency of the Office of Thrift Supervision (OTS), so it was able to work in the banking space without the normal rules in place. It was also able to use its high-level industrial credit rating to gamble weaker positions in the financial markets, arbitraging the private-sector regulation of the credit ratings agencies in the process.

How did that work out? First off, there was massive fraud. As Michael Hudson found in a blockbuster report, one executive declared that “fraud pays” and that “it didn’t make sense to slow the gush of loans going through the company’s pipeline, because losses due to fraud were small compared to the money the lender was making from selling huge volumes of loans.” Then there were the bailouts. The government backstopped $139 billion worth of GE Capital’s debts as it was collapsing and essentially had to manipulate the regulatory space to allow it to qualify for traditional banking protections. So much for not paralyzing traffic, and so much for the old rules not being important.

Dodd-Frank looked to normalize these regulations across both the shadow and regular banking sectors. It eliminated the OTS and declared GE Capital a systemically risky firm that has to follow higher capital requirements and prepare for bankruptcy with living wills just like we expect a bank to do, regardless of what kind of legal hijinks it is using to call itself something else. And GE Capital, faced with the prospect of having to play in the same field as everyone else, decided it should go back to trying to bring better things to life rather than making financial weapons of mass destruction. That’s pretty good news, and a process that should be encouraged and continued.

The Collapse of the Conservative Argument

But there’s one ask GE has as it spins off GE Capital, one that actually disproves the core conservative argument on Dodd-Frank. In the coverage, GE Chairman and CEO Jeff Immelt states directly, “GE will work closely with [the regulators at the Financial Stability Oversight Council] to take the actions necessary to de-designate GE Capital as a Systemically Important Financial Institution (SIFI).”

Dodd-Frank designates certain financial institutions, mostly over $50 billion in size, as systemically important. Or as the lingo goes, they get designated SIFI status. Those firms have stronger capital requirements and stronger requirements to be able to declare themselves ready for bankruptcy or FDIC resolution if they fail.

Conservatives, from the beginning, have made this the centerpiece of their story about Dodd-Frank. They argue that SIFI status is a de facto permanent bailout and claim that firms will demand to be designated as SIFIs because it means they will have a favored status. This status gives them easy crony relationships with regulators and allow them to borrow cheaply in the credit markets.

This has become doctrine on the right; I can’t think of a single movement conservative who has said the opposite. Examples of the mantra range from Peter Wallison of AEI writing “[t]he designation of SIFIs is a statement by the government that the designated firms are too big to fail” to Reason’s Nick Gillespie repeating that “everyone agrees [Dodd-Frank] has simply reinscribed too big to fail as explicit law.” (I love an “everyone agrees” without any sourcing.)

It’s also the basis of proposed policy. The Ryan budget cancels out the FDIC’s ability to regulate SIFIs, stating that Dodd-Frank “actually intensifies the problem of too-big-to-fail by giving large, interconnected financial institutions advantages that small firms will not enjoy.”

If that’s the case, GE should be desperate to maintain its SIFI status even though it is spinning off its GE Capital line. After all, being a SIFI means it gets all kinds of favored protections, access, and credit relative to other firms.

But, instead GE is desperate to lose it. This is genuine; ask any financial press reporter or analyst, and they’ll tell you that GE is very sincere when it says it doesn’t want to be designated as risky anymore, and is willing to take appropriate measures to remove the designation.

If that’s the case, what’s left of the GOP argument?

Follow or contact the Rortybomb blog:
 
  

 

News is breaking that GE Capital will be spinning off most of its financing arm, GE Capital, over the next two years. Details are still unfolding, but, according to the initial coverage, “GE expects that by 2018 more than 90 percent of its earnings will be generated by its high-return industrial businesses, up from 58% in 2014.”

It’s good that our industrial businesses will be focusing more on innovating and services rather than financial shenanigans, but this also tells us two important things about Dodd-Frank: it confirms one of the stories about the Act and disproves the core conservative talking point about what the Act does.

Regulatory Arbitrage

A very influential theory of the financial crisis is that there were financial firms acting just like banks but without the normal safeguards that traditionally went with banks. There was no public source of liquidity or backstops through the FDIC or the Federal Reserve, a public good capable of ending self-fulfilling panics. There was no mechanism to wind down the firms and impose losses outside of the bankruptcy code. There weren’t the normal capital requirements or consumer protections that went with the traditional commercial banking sector.

Though we now call this regulatory arbitrage, at the time it was seen as innovation. GE Capital was explicitly brought up as a poster child for deregulation. You can see it in Bob Litan  and Jonathan Rauch’s 1998 American Finance for the 21st Century, which lamented the “twentieth-century model of financial policy” that, using transportation as an analogy, “set a slow speed limit, specified a few basic models for cars, separated different kinds of cars into different lanes, and demanded that no one leave home without a full tank of gas and a tune-up.” GE Capital was explicitly an example of a firm that could thrive with a regulatory regime that “focuses less on preventing mishaps and more on ensuring that an accident at any one intersection will not paralyze traffic everywhere else.”

This was very apparent in the regulatory space. The fact that GE owned a Utah savings and loan allowed it to be regulated under the leniency of the Office of Thrift Supervision (OTS), so it was able to work in the banking space without the normal rules in place. It was also able to use its high-level industrial credit rating to gamble weaker positions in the financial markets, arbitraging the private-sector regulation of the credit ratings agencies in the process.

How did that work out? First off, there was massive fraud. As Michael Hudson found in a blockbuster report, one executive declared that “fraud pays” and that “it didn’t make sense to slow the gush of loans going through the company’s pipeline, because losses due to fraud were small compared to the money the lender was making from selling huge volumes of loans.” Then there were the bailouts. The government backstopped $139 billion worth of GE Capital’s debts as it was collapsing and essentially had to manipulate the regulatory space to allow it to qualify for traditional banking protections. So much for not paralyzing traffic, and so much for the old rules not being important.

Dodd-Frank looked to normalize these regulations across both the shadow and regular banking sectors. It eliminated the OTS and declared GE Capital a systemically risky firm that has to follow higher capital requirements and prepare for bankruptcy with living wills just like we expect a bank to do, regardless of what kind of legal hijinks it is using to call itself something else. And GE Capital, faced with the prospect of having to play in the same field as everyone else, decided it should go back to trying to bring better things to life rather than making financial weapons of mass destruction. That’s pretty good news, and a process that should be encouraged and continued.

The Collapse of the Conservative Argument

But there’s one ask GE has as it spins off GE Capital, one that actually disproves the core conservative argument on Dodd-Frank. In the coverage, GE Chairman and CEO Jeff Immelt states directly, “GE will work closely with [the regulators at the Financial Stability Oversight Council] to take the actions necessary to de-designate GE Capital as a Systemically Important Financial Institution (SIFI).”

Dodd-Frank designates certain financial institutions, mostly over $50 billion in size, as systemically important. Or as the lingo goes, they get designated SIFI status. Those firms have stronger capital requirements and stronger requirements to be able to declare themselves ready for bankruptcy or FDIC resolution if they fail.

Conservatives, from the beginning, have made this the centerpiece of their story about Dodd-Frank. They argue that SIFI status is a de facto permanent bailout and claim that firms will demand to be designated as SIFIs because it means they will have a favored status. This status gives them easy crony relationships with regulators and allow them to borrow cheaply in the credit markets.

This has become doctrine on the right; I can’t think of a single movement conservative who has said the opposite. Examples of the mantra range from Peter Wallison of AEI writing “[t]he designation of SIFIs is a statement by the government that the designated firms are too big to fail” to Reason’s Nick Gillespie repeating that “everyone agrees [Dodd-Frank] has simply reinscribed too big to fail as explicit law.” (I love an “everyone agrees” without any sourcing.)

It’s also the basis of proposed policy. The Ryan budget cancels out the FDIC’s ability to regulate SIFIs, stating that Dodd-Frank “actually intensifies the problem of too-big-to-fail by giving large, interconnected financial institutions advantages that small firms will not enjoy.”

If that’s the case, GE should be desperate to maintain its SIFI status even though it is spinning off its GE Capital line. After all, being a SIFI means it gets all kinds of favored protections, access, and credit relative to other firms.

But, instead GE is desperate to lose it. This is genuine; ask any financial press reporter or analyst, and they’ll tell you that GE is very sincere when it says it doesn’t want to be designated as risky anymore, and is willing to take appropriate measures to remove the designation.

If that’s the case, what’s left of the GOP argument?

Follow or contact the Rortybomb blog:
 
  

 

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A Battle Map for the Republican War Against Dodd-Frank

Jan 15, 2015Mike Konczal

The Republicans have declared war against Dodd-Frank. But what kind of war is it, and on what fronts are they waging this war? I think there are at least three campaigns, each with its own strategic goals and tactics. Distinguishing these campaigns from each other will help us understand what Republicans are trying to do and how to keep them in check.

First, to understand the Republican campaigns, it’s useful go over what Dodd-Frank does. Dodd-Frank can be analogized to the way we regulate driving. First, there are simple rules of the road, like speed limits and stop signs, designed as outright prevention against accidents. Then there are efforts to help with stabilization if the driver gets in trouble, such as anti-lock brakes or road design. And then there are regulations for the resolution of accidents that do occur, like seat belts and airbags, designed to avoids worst-case scenarios.

These three goals map onto Dodd-Frank pretty well. Dodd-Frank also puts rules upfront to prevent certain actions, requires additional regulations to create stability within large financial firms, and lays out plans to allow for a successful resolution of a firm once it fails. Let’s graph that out:

Prevention: Dodd-Frank created a Consumer Financial Protection Bureau (CFPB), reforming consumer protection from being an “orphan mission” spread across 11 agencies by establishing one dedicated agency for it. The act also requires that derivatives trade with clearinghouses and through exchanges or else face additional capital requirements, which brought price transparency and additional capital to the market that brought down AIG. Another piece is the Volcker Rule, which separates the proprietary trading that can cause rapid losses from our commercial banking and payment systems.

Stabilization: Dodd-Frank also provides for the expansion of capital requirements across the financial sector, including higher requirements for the biggest firms relative to smaller ones, as well as higher requirements for those who use short-term funding in the “shadow” banking sector relative to traditional banks. These firms are designed by the Financial Stability Oversight Council (FSOC).

Resolution:  The firms FSOC designates as systemically risky have to prepare themselves for a rapid resolution for when they do fail. They have to prove that they can survive bankruptcy without bringing down the entire system (an effort currently being fought). The FDIC has prepared a second line of defense, a special “resolution authority” (OLA) to use if bankruptcy isn’t a viable option in a crisis.

These elements of the law all flow naturally from the financial crisis of 2008. It would have been very helpful in the crisis for there to be more clarity in the derivatives market, more capital in shadow banks, and a process to resolve Lehman Brothers. Maybe these are great ways to approach the problem or maybe they aren’t, but to suggest they have no basis in the crisis, as the American Enterprise Institute comically does, is pure ideology.

But ignore the more ridiculous arguments. The actual war against Dodd-Frank is much more sophisticated, and it’s being waged on numerous fronts. Let’s make a map of the battlefield:

There are three distinct campaigns being waged:

Guerrilla Deregulation. The goal here is to undermine as much of the efforts of derivatives regulation, the Volcker Rule, and the CFPB as possible through quick, surprise attacks. This, in turn, has a chilling effect across regulators and throws the regulatory process into chaos.

The main tactic, as in any good guerrilla campaign, is to do hit-and-run ambushes of key, important targets vulnerable to raids. David Dayen had a helpful list of some key bills that must pass in 2015, bills likely to be perfect targets for a good guerrilla raid. The guerrilla campaign had a major victory in weakening the Section 716 “push-out” rule in the Cromnibus bill. And that will probably be a model going forward for these tactics, replicated in the recent attacks we’ve seen, down to counting the small handful of Democrats signing on as some sort of concession of bipartisanship.

Another guerrilla element will be the focus on victory through attrition. It’s not like the House Republicans have their own theory of how to regulate the derivatives market, or that they are making the full case against the Volcker Rule or the CFPB, or even proposing their own anything. They are winning simply through weakening both the rules and the resolve of reformers.

Administrative Siege: Aside from the guerrilla war of deregulation, the GOP is also waging war on another front, through a long-term siege of the regulatory agencies. This includes blockading them from resources like funding and personnel, consistent harassment, discrediting them in the eyes of the broader public, and weakening their power to act. This is a long-term battle, going back to the beginning of Dodd-Frank, and their terms are unconditional surrender.

The seriousness of this campaign became clear when the GOP first refused to appoint any director of the CFPB unless there was a complete overhaul to weaken it. This campaign has continued against the CFTC, and now extends to the FSOC trying to designate firms as systemically risky. The recent House bill to extend cost-benefit analysis to financial regulations, where it has little history, unclear analytical benefit, and could easily lead to worse rules, is also part of this siege.

One key argument the GOP is pushing is that the regulators are historically too powerful and out of control. As House Financial Services Committee chairman Jeb Hensarling said to the Wall Street Journal, the CFPB is “the single most unaccountable agency in the history of America.” This is just silly agitprop. The structure -- independent budgets and a single director -- looks exactly like their counterparts in the OCC. It’s not only subject to the same rule-making process as other regulators, but other regulators can in fact veto the CFPB, making it significantly more accountable compared to any other agency.

The same is being said about FSOC. Note that there’s always room for improvement; Americans for Financial Reform (AFR) have some ways to improve the transparency of FSOC here. But as AFR’s Marcus Stanley notes, the House’s recent FSOC bill “appears better calculated to hinder FSOC operations than to improve its transparency.” Indeed, as Better Markets notes, this FSOC battle is in large part over the regulation of money market funds, a crucial reform in fixing shadow banking. But making government work better isn’t the goal of the siege; this campaign’s goal is to break these agencies and their ability to regulate the financial system.

Reactionary Rhetoric: The goal of this ideological programming campaign is to push the argument that Dodd-Frank simply reinforces the worst part of the bailouts and does nothing productive toward reform. Instead of a series of methods to check and reduce Too Big To Fail, this campaign argues that Dodd-Frank does worse than fail. Following the rhetoric of reaction, reform simply makes the problem far worse. The point here is to remove the FDIC’s ability to put systemically risky firms into a receivership while also preparing the ground for a full repeal.

Advancing the argument that Dodd-Frank has made the bailouts of 2008-2009 permanent and serves only to benefit the biggest financial firms has become a marching order for the movement right. It was basically the entire GOP argument against Dodd-Frank in 2012 (Mitt Romney calling the act "the biggest kiss" to Wall Street), and it still dominates their talking points. If this were the case, the largest banks would receive a large Too Big To Fail subsidy, and we’d subsequently see a reduction in their borrowing costs.

Major studies tells us that the opposite is the case; since 2010 Too Big To Fail subsidies have fallen instead of stabilized or increased. This doesn’t mean the work is done - we could still see a major failure cause systemic risk, and just “avoiding catastrophic collapses” isn’t really a headline goal for a functioning financial system. There’s also little evidence that Dodd-Frank enriches the biggest banks; firms go out of their way to avoid a SIFI designation, which they wouldn’t if there were a benefit to them, and Wall Street analysts take it for granted that capital requirements and other regulations are more binding for the largest firms.

There could be a productive discussion here about finding a way to reform the bankruptcy code to help combat Too Big To Fail while keeping resolution authority as a backup option. That backup option is key though. Unlike OLA, bankruptcy is slow and deliberate, isn't designed to preserve ongoing firm business, doesn't have guaranteed funding available, can’t prevent runs from short-term creditors, and has trouble internationally. But again, the point for Republicans isn’t to try to come up with the best regime; it’s to discredit the effort at reform entirely so the other campaigns, and the overall campaign for repeal, can be that much easier.

Why do Republicans want all this? The answer you will normally hear is that they are in the pocket of Wall Street or in the thrall of free-market fundamentalism. And there’s truth to that. But they’ve also created a whole institutionally enforced counter-narrative where there was no real crisis and Wall Street committed no bad behavior except for when ACORN made them. This narrative is, bluntly, dumb. But it is the narrative their movement has chosen, and movements have a way of forcing well-meaning people who’d otherwise want to find good solutions to fall in line.

2015 will require reformers to wage their own campaigns to push additional reform (here’s a start), push for stronger action from regulators, and make the public understand the progress that has been made. But first we need to understand that while conservatives may look like they are running a smash-and-grab operation when it comes to Dodd-Frank, it’s actually a quite sophisticated series of campaigns, and they are already winning battles.

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The Republicans have declared war against Dodd-Frank. But what kind of war is it, and on what fronts are they waging this war? I think there are at least three campaigns, each with its own strategic goals and tactics. Distinguishing these campaigns from each other will help us understand what Republicans are trying to do and how to keep them in check.

First, to understand the Republican campaigns, it’s useful go over what Dodd-Frank does. Dodd-Frank can be analogized to the way we regulate driving. First, there are simple rules of the road, like speed limits and stop signs, designed as outright prevention against accidents. Then there are efforts to help with stabilization if the driver gets in trouble, such as anti-lock brakes or road design. And then there are regulations for the resolution of accidents that do occur, like seat belts and airbags, designed to avoids worst-case scenarios.

These three goals map onto Dodd-Frank pretty well. Dodd-Frank also puts rules upfront to prevent certain actions, requires additional regulations to create stability within large financial firms, and lays out plans to allow for a successful resolution of a firm once it fails. Let’s graph that out:

Prevention: Dodd-Frank created a Consumer Financial Protection Bureau (CFPB), reforming consumer protection from being an “orphan mission” spread across 11 agencies by establishing one dedicated agency for it. The act also requires that derivatives trade with clearinghouses and through exchanges or else face additional capital requirements, which brought price transparency and additional capital to the market that brought down AIG. Another piece is the Volcker Rule, which separates the proprietary trading that can cause rapid losses from our commercial banking and payment systems.

Stabilization: Dodd-Frank also provides for the expansion of capital requirements across the financial sector, including higher requirements for the biggest firms relative to smaller ones, as well as higher requirements for those who use short-term funding in the “shadow” banking sector relative to traditional banks. These firms are designed by the Financial Stability Oversight Council (FSOC).

Resolution:  The firms FSOC designates as systemically risky have to prepare themselves for a rapid resolution for when they do fail. They have to prove that they can survive bankruptcy without bringing down the entire system (an effort currently being fought). The FDIC has prepared a second line of defense, a special “resolution authority” (OLA) to use if bankruptcy isn’t a viable option in a crisis.

These elements of the law all flow naturally from the financial crisis of 2008. It would have been very helpful in the crisis for there to be more clarity in the derivatives market, more capital in shadow banks, and a process to resolve Lehman Brothers. Maybe these are great ways to approach the problem or maybe they aren’t, but to suggest they have no basis in the crisis, as the American Enterprise Institute comically does, is pure ideology.

But ignore the more ridiculous arguments. The actual war against Dodd-Frank is much more sophisticated, and it’s being waged on numerous fronts. Let’s make a map of the battlefield:

There are three distinct campaigns being waged:

Guerrilla Deregulation. The goal here is to undermine as much of the efforts of derivatives regulation, the Volcker Rule, and the CFPB as possible through quick, surprise attacks. This, in turn, has a chilling effect across regulators and throws the regulatory process into chaos.

The main tactic, as in any good guerrilla campaign, is to do hit-and-run ambushes of key, important targets vulnerable to raids. David Dayen had a helpful list of some key bills that must pass in 2015, bills likely to be perfect targets for a good guerrilla raid. The guerrilla campaign had a major victory in weakening the Section 716 “push-out” rule in the Cromnibus bill. And that will probably be a model going forward for these tactics, replicated in the recent attacks we’ve seen, down to counting the small handful of Democrats signing on as some sort of concession of bipartisanship.

Another guerrilla element will be the focus on victory through attrition. It’s not like the House Republicans have their own theory of how to regulate the derivatives market, or that they are making the full case against the Volcker Rule or the CFPB, or even proposing their own anything. They are winning simply through weakening both the rules and the resolve of reformers.

Administrative Siege: Aside from the guerrilla war of deregulation, the GOP is also waging war on another front, through a long-term siege of the regulatory agencies. This includes blockading them from resources like funding and personnel, consistent harassment, discrediting them in the eyes of the broader public, and weakening their power to act. This is a long-term battle, going back to the beginning of Dodd-Frank, and their terms are unconditional surrender.

The seriousness of this campaign became clear when the GOP first refused to appoint any director of the CFPB unless there was a complete overhaul to weaken it. This campaign has continued against the CFTC, and now extends to the FSOC trying to designate firms as systemically risky. The recent House bill to extend cost-benefit analysis to financial regulations, where it has little history, unclear analytical benefit, and could easily lead to worse rules, is also part of this siege.

One key argument the GOP is pushing is that the regulators are historically too powerful and out of control. As House Financial Services Committee chairman Jeb Hensarling said to the Wall Street Journal, the CFPB is “the single most unaccountable agency in the history of America.” This is just silly agitprop. The structure -- independent budgets and a single director -- looks exactly like their counterparts in the OCC. It’s not only subject to the same rule-making process as other regulators, but other regulators can in fact veto the CFPB, making it significantly more accountable compared to any other agency.

The same is being said about FSOC. Note that there’s always room for improvement; Americans for Financial Reform (AFR) have some ways to improve the transparency of FSOC here. But as AFR’s Marcus Stanley notes, the House’s recent FSOC bill “appears better calculated to hinder FSOC operations than to improve its transparency.” Indeed, as Better Markets notes, this FSOC battle is in large part over the regulation of money market funds, a crucial reform in fixing shadow banking. But making government work better isn’t the goal of the siege; this campaign’s goal is to break these agencies and their ability to regulate the financial system.

Reactionary Rhetoric: The goal of this ideological programming campaign is to push the argument that Dodd-Frank simply reinforces the worst part of the bailouts and does nothing productive toward reform. Instead of a series of methods to check and reduce Too Big To Fail, this campaign argues that Dodd-Frank does worse than fail. Following the rhetoric of reaction, reform simply makes the problem far worse. The point here is to remove the FDIC’s ability to put systemically risky firms into a receivership while also preparing the ground for a full repeal.

Advancing the argument that Dodd-Frank has made the bailouts of 2008-2009 permanent and serves only to benefit the biggest financial firms has become a marching order for the movement right. It was basically the entire GOP argument against Dodd-Frank in 2012 (Mitt Romney calling the act "the biggest kiss" to Wall Street), and it still dominates their talking points. If this were the case, the largest banks would receive a large Too Big To Fail subsidy, and we’d subsequently see a reduction in their borrowing costs.

Major studies tells us that the opposite is the case; since 2010 Too Big To Fail subsidies have fallen instead of stabilized or increased. This doesn’t mean the work is done - we could still see a major failure cause systemic risk, and just “avoiding catastrophic collapses” isn’t really a headline goal for a functioning financial system. There’s also little evidence that Dodd-Frank enriches the biggest banks; firms go out of their way to avoid a SIFI designation, which they wouldn’t if there were a benefit to them, and Wall Street analysts take it for granted that capital requirements and other regulations are more binding for the largest firms.

There could be a productive discussion here about finding a way to reform the bankruptcy code to help combat Too Big To Fail while keeping resolution authority as a backup option. That backup option is key though. Unlike OLA, bankruptcy is slow and deliberate, isn't designed to preserve ongoing firm business, doesn't have guaranteed funding available, can’t prevent runs from short-term creditors, and has trouble internationally. But again, the point for Republicans isn’t to try to come up with the best regime; it’s to discredit the effort at reform entirely so the other campaigns, and the overall campaign for repeal, can be that much easier.

Why do Republicans want all this? The answer you will normally hear is that they are in the pocket of Wall Street or in the thrall of free-market fundamentalism. And there’s truth to that. But they’ve also created a whole institutionally enforced counter-narrative where there was no real crisis and Wall Street committed no bad behavior except for when ACORN made them. This narrative is, bluntly, dumb. But it is the narrative their movement has chosen, and movements have a way of forcing well-meaning people who’d otherwise want to find good solutions to fall in line.

2015 will require reformers to wage their own campaigns to push additional reform (here’s a start), push for stronger action from regulators, and make the public understand the progress that has been made. But first we need to understand that while conservatives may look like they are running a smash-and-grab operation when it comes to Dodd-Frank, it’s actually a quite sophisticated series of campaigns, and they are already winning battles.

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Two Contradictory Arguments That Dodd-Frank is Crony Capitalism

Dec 17, 2014Mike Konczal

I’m pretty convinced that the term “crony capitalism,” as deployed by the right, is useless as a political or analytical tool. I keep a close eye on how conservatives talk about financial reform, and according to the right, Dodd-Frank is crony capitalism. Oh noes! But what does that mean, and how can we stop it? Here’s a fascinating case in point: two AEI scholars with different publications argue that we need to stop Dodd-Frank from enabling crony capitalism, and then proceed to describe two opposite, mutually exclusive sets of problems and solutions.

First, a good test question: The Federal Reserve recently required that the largest firms have a greater capital surcharge than had been originally proposed. Is that cronyism?

Here’s one story, from James Pethokoukis in ”Fighting the Crony Capitalist Alliance”: “our highly concentrated and interconnected, Too Big to Fail financial system [...] gives a competitive edge to megabanks.” How is that? Regulators create incentives for big banks to take on risks “such as investing in mortgage-backed securities and complex derivatives.” Banks are the size they are, and do the activities that they do, because of the actions of regulators.

So how do we combat this problem? According to Pethokoukis, we should “substantially raise the capital requirements for Too Big To Fail banks” to limit risk. Even more, “such capital requirements might well nudge the biggest banks into shrinking themselves or breaking up.”

Here’s another story, from Tim Carney’s “Anti-Cronyism Agenda for the 114th Congress”: Dodd-Frank is cronyism because “[e]xcessive regulation is often the most effective crony capitalism.” What’s worse is that Dodd-Frank designates the biggest firms as Systemically Important Financial Institutions (SIFIs), meaning that they pose a systemic risk to the economy. Those firms are put under more regulation, but it’s obviously a cover for a permanent set of protections.

So what should we do? According to Carney’s agenda, Congress should “open banking up to more competition by repealing regulations that give large incumbent banks advantages over smaller ones.” Well, which regulations are those? “Congress should repeal its authority to designate large financial firms as SIFIs.”

Note that though these are from the same institution and carry the same banner of fighting “cronyism,” these agendas are the exact opposite of each other. For Pethokoukis, the important goal is identifying the largest and riskiest institutions and putting aggressive regulations on them, with capital requirements set high enough that they could fundamentally shrink those banks. For Carney, it’s important that we do not identify any firm as too large that it is risky for the economy, and thus increase their capital requirements, since doing so just encourages cronyism -- indeed, it is the logical conclusion of cronyism. Don’t regulate the largest firms with more attention or care; just don’t do anything to them.

In the Pethokoukis version, the financial sector poses a real threat to the stability of the economy, and as such special efforts should be made to prevent failure and handle failure when it does occur. His answer is, essentially, to do more. In the Carney version, there’s no real danger outside the government’s interference, or at least not a danger that is worth a policy solution. His answer is to do nothing, except repeal what regulation already exists.

And, crucially, for Pethokoukis, the recent increase in capital surcharges for SIFIs are a good idea; for Carney, they enshrine the problem by working through the SIFI framework, and are a bad idea. How can a policy agenda be built around such a “cronyism” framework?

There are other problems with “cronyism” as described here. Pethokoukis blames cronyism for the concentration in the financial sector in the last few decades. However the previous argument had been that the size and geographic restrictions that prevented this concentration before the 1990s are the real cronyism. Dodd-Frank blocks a single financial firm from having liabilities in excess of 10 percent of all liabilities, benefitting smaller firms at the expense of larger ones. Is that cronyism or the opposite? Cronyism can’t just be “things turned out in a terrible way when left to the markets.”

As Rich Yeselson notes in a fantastic essay on New Left historians in the recent issue of Democracy, the Gabriel Kolko-inspired stories about how regulations evolves (stories that influence Carney) are monomaniacally mono-causal. So just quoting CEOs’ statements to the press about Dodd-Frank constitutes analysis, as the regulations must obviously flow from elite desires through their captured lackeys in the state.

But Dodd-Frank is more complicated than that - look at the effort to stop the CFPB from starting, or the epic battles both between and within regulators, the state and consumers over derivatives. Carney’s top-down inescapable vision of how reform works leaves no room for the contingency of actual efforts to fix a broken system. In turn, this leaves us with no way to actually critique what Dodd-Frank does. Worse, it conflates fighting “cronyism” with an agenda of laissez-faire economics, liberty of contract, and hard money, sneaking in a three-legged stool of reactionary thought through our concerns about fairness.

Actual cronyism is a real problem, but I’ve seen no evidence that it adds up to a systemic criticism of our economy as a whole. Instead, we need a language of accountability, benefit and power in how markets are structured. Without this, we’ll have no working compass for reform.

Follow or contact the Rortybomb blog:
 
  

 

I’m pretty convinced that the term “crony capitalism,” as deployed by the right, is useless as a political or analytical tool. I keep a close eye on how conservatives talk about financial reform, and according to the right, Dodd-Frank is crony capitalism. Oh noes! But what does that mean, and how can we stop it? Here’s a fascinating case in point: two AEI scholars with different publications argue that we need to stop Dodd-Frank from enabling crony capitalism, and then proceed to describe two opposite, mutually exclusive sets of problems and solutions.

First, a good test question: The Federal Reserve recently required that the largest firms have a greater capital surcharge than had been originally proposed. Is that cronyism?

Here’s one story, from James Pethokoukis in ”Fighting the Crony Capitalist Alliance”: “our highly concentrated and interconnected, Too Big to Fail financial system [...] gives a competitive edge to megabanks.” How is that? Regulators create incentives for big banks to take on risks “such as investing in mortgage-backed securities and complex derivatives.” Banks are the size they are, and do the activities that they do, because of the actions of regulators.

So how do we combat this problem? According to Pethokoukis, we should “substantially raise the capital requirements for Too Big To Fail banks” to limit risk. Even more, “such capital requirements might well nudge the biggest banks into shrinking themselves or breaking up.”

Here’s another story, from Tim Carney’s “Anti-Cronyism Agenda for the 114th Congress”: Dodd-Frank is cronyism because “[e]xcessive regulation is often the most effective crony capitalism.” What’s worse is that Dodd-Frank designates the biggest firms as Systemically Important Financial Institutions (SIFIs), meaning that they pose a systemic risk to the economy. Those firms are put under more regulation, but it’s obviously a cover for a permanent set of protections.

So what should we do? According to Carney’s agenda, Congress should “open banking up to more competition by repealing regulations that give large incumbent banks advantages over smaller ones.” Well, which regulations are those? “Congress should repeal its authority to designate large financial firms as SIFIs.”

Note that though these are from the same institution and carry the same banner of fighting “cronyism,” these agendas are the exact opposite of each other. For Pethokoukis, the important goal is identifying the largest and riskiest institutions and putting aggressive regulations on them, with capital requirements set high enough that they could fundamentally shrink those banks. For Carney, it’s important that we do not identify any firm as too large that it is risky for the economy, and thus increase their capital requirements, since doing so just encourages cronyism -- indeed, it is the logical conclusion of cronyism. Don’t regulate the largest firms with more attention or care; just don’t do anything to them.

In the Pethokoukis version, the financial sector poses a real threat to the stability of the economy, and as such special efforts should be made to prevent failure and handle failure when it does occur. His answer is, essentially, to do more. In the Carney version, there’s no real danger outside the government’s interference, or at least not a danger that is worth a policy solution. His answer is to do nothing, except repeal what regulation already exists.

And, crucially, for Pethokoukis, the recent increase in capital surcharges for SIFIs are a good idea; for Carney, they enshrine the problem by working through the SIFI framework, and are a bad idea. How can a policy agenda be built around such a “cronyism” framework?

There are other problems with “cronyism” as described here. Pethokoukis blames cronyism for the concentration in the financial sector in the last few decades. However the previous argument had been that the size and geographic restrictions that prevented this concentration before the 1990s are the real cronyism. Dodd-Frank blocks a single financial firm from having liabilities in excess of 10 percent of all liabilities, benefitting smaller firms at the expense of larger ones. Is that cronyism or the opposite? Cronyism can’t just be “things turned out in a terrible way when left to the markets.”

As Rich Yeselson notes in a fantastic essay on New Left historians in the recent issue of Democracy, the Gabriel Kolko-inspired stories about how regulations evolves (stories that influence Carney) are monomaniacally mono-causal. So just quoting CEOs’ statements to the press about Dodd-Frank constitutes analysis, as the regulations must obviously flow from elite desires through their captured lackeys in the state.

But Dodd-Frank is more complicated than that - look at the effort to stop the CFPB from starting, or the epic battles both between and within regulators, the state and consumers over derivatives. Carney’s top-down inescapable vision of how reform works leaves no room for the contingency of actual efforts to fix a broken system. In turn, this leaves us with no way to actually critique what Dodd-Frank does. Worse, it conflates fighting “cronyism” with an agenda of laissez-faire economics, liberty of contract, and hard money, sneaking in a three-legged stool of reactionary thought through our concerns about fairness.

Actual cronyism is a real problem, but I’ve seen no evidence that it adds up to a systemic criticism of our economy as a whole. Instead, we need a language of accountability, benefit and power in how markets are structured. Without this, we’ll have no working compass for reform.

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Finance 101 Problems in National Affairs' Case For Fair-Value Accounting

Nov 4, 2014Mike Konczal

In the latest National Affairs, Jason Delisle and Jason Richwine make what they call ”The Case for Fair-Value Accounting.” This is the process of using the price of, say, student loans in the capital markets to budget and discount government student loans. (The issue also has articles walking back support for previously acceptable moderate-right ideas like Common Core and the EITC, showing the way conservative wonks are starting to line up for 2016.)

In the piece Delisle and Richwine make two basic mistakes in financial theory, mistakes that undermine their ultimate argument. Let’s dig into them, because it’s a wonderful opportunity to get some finance back into this blog (like it used to have back when it was cool).

Error 1: Their Definition of FVA Is Wrong

What is fair-value accounting (FVA)? According to the authors, FVA “factors in the cost of market risk,” meaning “the risk of a general downturn in the economy.” This market risk reflects the potential for defaults; it’s “the cost of the uncertainty surrounding future loan payments.”

These statements are false. There is a consensus that FVA incorporates significantly more than this definition of market risk.

Here’s the Financial Economists Roundtable, endorsing FVA: "Use of Treasury rates as discount factors, however, fails to account for the costs of the risks associated with government credit assistance -- namely, market risk, prepayment risk, and liquidity risk."

And the CBO specifically incorporates all these additional risks when it evaluates FVA: "Student loans also entail prepayment risk… investors… also assign a price to other types of risk, such as liquidity risk… CBO takes into account all of those risks in its fair-value estimates."

This is a much broader set of concerns than what Delisle and Richwine bring up. For instance, FVA requires taxpayers to be subject to the same liquidity and prepayment risks as the capital markets. Remember when the federal government stepped in to provide liquidity to the capital markets when they failed in late 2008, because the markets couldn’t? That gives us a clue that there might be some differences between public and private risks.

Crucially, it’s not clear to me that taxpayers have the same prepayment risk as the capital markets. Private holders of student loans are terrified that their loans might be paid back too quickly, because they are likely to get paid back when interest rates are low and it will be tough to reinvest at the same rate. This is a particularly big risk with the negative convexity of student loan payments, which can be prepaid without penalty. Private actors need to be compensated generously for this risk.

Do taxpayers face the same risk? If student loans owed to the government were paid down faster than anyone expected, would taxpayers be furious? I wouldn’t. I certainly wouldn’t say “how are we going to continue to make the profit we were making?” as a citizen, though it would be an essential question as a private bondholder. Either way, it’s as much a political question as an economic one. (I make the full argument for this in a blog post here.)

Error 2: Their Definition of Market Risk Is Wrong

The authors like FVA because it accounts for market risk. But what is market risk? According to Delisle and Richwine, market risk is “associated with expecting future loan repayments,” as “[s]tudents might pay back the expected principal and interest” but they also may not. It is also “the risk of a general downturn in the economy… market risk cannot be diversified away.”

So the first part is wrong: market risk is not credit risk, or the risk of default or missing payments. The International Financial Reporting Standards (IFRS7), for instance, requires reporting market risk separate from credit risk, because they are obviously two different things. I’ve generally only heard market risk used in the context of bond portfolios to mean interest rate risk, which they also don’t mention. So if market risk isn’t credit risk or interest rate risk, what is it?

I’m not sure. What I think is going on is they are confusing the concept with the market risk of a stock, specifically its beta. A stock’s beta is its sensitivity to overall equity prices. (Pull up a random stock page and you’ll see the beta somewhere.) It’s very common phrasing to say this risk can’t be diversified away and is a proxy for the risk of general downturns in the economy, which is the same language used in this piece.

Market risk for stocks is the question of how much your portfolio will go down if the market as a whole goes down. But this has nothing to do with student loans, because students (aside from an enterprising few) don’t sell equity; they take out loans. If students paid for school with equity, in theory an economic downturn would lead to less revenue, since students would make less money overall. But even then it’s a shaky concept.

This isn’t just academic. There’s a reason people don’t speak of a one-to-one relationship between a market downturn and the value of a bond portfolio, as the authors’ “market risk” definition does. If the economy tanks, credit risk increases, so bonds are worth less, but interest rates fall, meaning the same bonds are worth more. How this all balances is complicated, and strongly driven by the distribution of bond maturities. This is why financial risk management distinguishes between credit, liquidity, and interest rate risks, and doesn’t conflate those concepts as the authors do.

(Though they are writing as experts, I think they are just copying and pasting from the CBO’s confusing and erroneous definition of “market risk.” If they are sourcing any kind of common financial industry practices or definitions, I don’t see it. I guess Jason Richwine didn’t get a chance to study finance while publishing his dissertation.)

Here again I’d want to understand more how the value of student loans to taxpayers moves with interest rates. Repayments are mentioned above. And for private lenders, higher interest rates mean that they can sell bonds for less and that they’re worth less as collateral. They need to be compensated for this risk. Do taxpayers have this problem to the same extent? If interest rates rise, do we worry we can’t sell the student loan portfolio for the same amount to another government, or that we can’t use it as collateral to fund another war? If not, why would we use this market rate?

Is This Just About Credit Risk?

Besides all the theoretical problems mentioned above, there’s also the practical problem that the CBO uses the already existing private market for student loans (“relied mainly on data about the interest rates charged to borrowers in the private student loan market”), even though there’s obviously a massive adverse selection problem there. Though not an error, it's a third major problem for the argument. The authors don’t even touch this.

But for all the talk about FVA, the only real concern the authors bring up is credit risk. “What if taxpayers don’t get paid?” is the question raised over and over again in the piece. The authors don’t articulate any direct concerns about, say, a move in interest rates changing the value of a bond portfolio, aside from the possibility that it might mean more credit losses.

So dramatically scaling back consumer protections like bankruptcy and statute of limitations for student debtors wasn’t enough for the authors. Fair enough. But there’s an easy fix: the government could buy some credit protection for losses in excess of those expected on, say, $10 billion of its portfolio, and use that price as a supplemental discount. This would be quite low-cost and provide useful information. But it’s a far cry from FVA, even if FVA’s proponents don’t quite understand that.

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In the latest National Affairs, Jason Delisle and Jason Richwine make what they call ”The Case for Fair-Value Accounting.” This is the process of using the price of, say, student loans in the capital markets to budget and discount government student loans. (The issue also has articles walking back support for previously acceptable moderate-right ideas like Common Core and the EITC, showing the way conservative wonks are starting to line up for 2016.)

In the piece Delisle and Richwine make two basic mistakes in financial theory, mistakes that undermine their ultimate argument. Let’s dig into them, because it’s a wonderful opportunity to get some finance back into this blog (like it used to have back when it was cool).

Error 1: Their Definition of FVA Is Wrong

What is fair-value accounting (FVA)? According to the authors, FVA “factors in the cost of market risk,” meaning “the risk of a general downturn in the economy.” This market risk reflects the potential for defaults; it’s “the cost of the uncertainty surrounding future loan payments.”

These statements are false. There is a consensus that FVA incorporates significantly more than this definition of market risk.

Here’s the Financial Economists Roundtable, endorsing FVA: "Use of Treasury rates as discount factors, however, fails to account for the costs of the risks associated with government credit assistance -- namely, market risk, prepayment risk, and liquidity risk."

And the CBO specifically incorporates all these additional risks when it evaluates FVA: "Student loans also entail prepayment risk… investors… also assign a price to other types of risk, such as liquidity risk… CBO takes into account all of those risks in its fair-value estimates."

This is a much broader set of concerns than what Delisle and Richwine bring up. For instance, FVA requires taxpayers to be subject to the same liquidity and prepayment risks as the capital markets. Remember when the federal government stepped in to provide liquidity to the capital markets when they failed in late 2008, because the markets couldn’t? That gives us a clue that there might be some differences between public and private risks.

Crucially, it’s not clear to me that taxpayers have the same prepayment risk as the capital markets. Private holders of student loans are terrified that their loans might be paid back too quickly, because they are likely to get paid back when interest rates are low and it will be tough to reinvest at the same rate. This is a particularly big risk with the negative convexity of student loan payments, which can be prepaid without penalty. Private actors need to be compensated generously for this risk.

Do taxpayers face the same risk? If student loans owed to the government were paid down faster than anyone expected, would taxpayers be furious? I wouldn’t. I certainly wouldn’t say “how are we going to continue to make the profit we were making?” as a citizen, though it would be an essential question as a private bondholder. Either way, it’s as much a political question as an economic one. (I make the full argument for this in a blog post here.)

Error 2: Their Definition of Market Risk Is Wrong

The authors like FVA because it accounts for market risk. But what is market risk? According to Delisle and Richwine, market risk is “associated with expecting future loan repayments,” as “[s]tudents might pay back the expected principal and interest” but they also may not. It is also “the risk of a general downturn in the economy… market risk cannot be diversified away.”

So the first part is wrong: market risk is not credit risk, or the risk of default or missing payments. The International Financial Reporting Standards (IFRS7), for instance, requires reporting market risk separate from credit risk, because they are obviously two different things. I’ve generally only heard market risk used in the context of bond portfolios to mean interest rate risk, which they also don’t mention. So if market risk isn’t credit risk or interest rate risk, what is it?

I’m not sure. What I think is going on is they are confusing the concept with the market risk of a stock, specifically its beta. A stock’s beta is its sensitivity to overall equity prices. (Pull up a random stock page and you’ll see the beta somewhere.) It’s very common phrasing to say this risk can’t be diversified away and is a proxy for the risk of general downturns in the economy, which is the same language used in this piece.

Market risk for stocks is the question of how much your portfolio will go down if the market as a whole goes down. But this has nothing to do with student loans, because students (aside from an enterprising few) don’t sell equity; they take out loans. If students paid for school with equity, in theory an economic downturn would lead to less revenue, since students would make less money overall. But even then it’s a shaky concept.

This isn’t just academic. There’s a reason people don’t speak of a one-to-one relationship between a market downturn and the value of a bond portfolio, as the authors’ “market risk” definition does. If the economy tanks, credit risk increases, so bonds are worth less, but interest rates fall, meaning the same bonds are worth more. How this all balances is complicated, and strongly driven by the distribution of bond maturities. This is why financial risk management distinguishes between credit, liquidity, and interest rate risks, and doesn’t conflate those concepts as the authors do.

(Though they are writing as experts, I think they are just copying and pasting from the CBO’s confusing and erroneous definition of “market risk.” If they are sourcing any kind of common financial industry practices or definitions, I don’t see it. I guess Jason Richwine didn’t get a chance to study finance while publishing his dissertation.)

Here again I’d want to understand more how the value of student loans to taxpayers moves with interest rates. Repayments are mentioned above. And for private lenders, higher interest rates mean that they can sell bonds for less and that they’re worth less as collateral. They need to be compensated for this risk. Do taxpayers have this problem to the same extent? If interest rates rise, do we worry we can’t sell the student loan portfolio for the same amount to another government, or that we can’t use it as collateral to fund another war? If not, why would we use this market rate?

Is This Just About Credit Risk?

Besides all the theoretical problems mentioned above, there’s also the practical problem that the CBO uses the already existing private market for student loans (“relied mainly on data about the interest rates charged to borrowers in the private student loan market”), even though there’s obviously a massive adverse selection problem there. Though not an error, it's a third major problem for the argument. The authors don’t even touch this.

But for all the talk about FVA, the only real concern the authors bring up is credit risk. “What if taxpayers don’t get paid?” is the question raised over and over again in the piece. The authors don’t articulate any direct concerns about, say, a move in interest rates changing the value of a bond portfolio, aside from the possibility that it might mean more credit losses.

So dramatically scaling back consumer protections like bankruptcy and statute of limitations for student debtors wasn’t enough for the authors. Fair enough. But there’s an easy fix: the government could buy some credit protection for losses in excess of those expected on, say, $10 billion of its portfolio, and use that price as a supplemental discount. This would be quite low-cost and provide useful information. But it’s a far cry from FVA, even if FVA’s proponents don’t quite understand that.

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The Ferguson Challenge to the Libertarians

Aug 22, 2014Mike Konczal

Many people are pointing to the police violence unfolding in Ferguson, Missouri as part of a “libertarian moment.” Dave Weigel of Slate writes “Liberals are up in arms about police militarization. Libertarians are saying: What took you so long?” Tim Carney of the Washington Examiner notes that the events in Ferguson bolster the claim that we are experiencing a libertarian moment because “libertarianism’s warnings today ring truer than ever.”

It will be a great thing if the horror of what is going on builds a broader coalition for putting the excess of the carceral state in check. But I also think that Ferguson presents a problem for libertarian theory about this situation in particular and the state in general. Their argument is a public choice-like story in which the federal government is the main villain. But this will only tell a partial story, and probably not even the most important one. And, as the deeper story of the town is told, the disturbing economics of the city look similar to what the right thinks is the ideal state. Let’s take these in turn.

Bottom-Up Militarization

People on the right are telling a story where the problems of the police are primarily driven by the federal government. As Rand Paul said: “Not surprisingly, big government has been at the heart of the problem.” Big government here is strictly a federal phenomenon though, one where “Washington has incentivized the militarization of local police precincts.” Paul Ryan’s comment on Ferguson is telling: "But in all of these things, local control, local government, local authorities who have the jurisdiction, who have the expertise, who are actually there are the people who should be in the lead." (h/t Digby) The culprits in these criticisms are usually programs, accelerated after the start of the War on Terror, that give military surplus to local police.

But rather than just a top-down phenomenon of centralized, federal bureaucrats, the police violence we see is just as much a bottom-up, locally-driven affair. “Militarized” police equipment didn’t shoot Michael Brown, or kill Eric Garner in a chokehold. And aggressive police reactions to protests haven’t required extensive military equipment over the past 40 years.

As Tamara Nopper and Mariame Kaba note in the pages of Jacobin, the idea that there is suddenly a “militarized” police force here betrays that the militarization began in the 1960s in response to the urban crisis. And even though militarized dollars have flowed to all parts of the country, it is in black urban areas where the equipment has been deployed in an aggressive manner by local authorities. And militarization isn't just about equipment, but about the broader framework of mass incarceration and zero-tolerance, order-maintenance policing.

You can see the consequences of this through simple polls. As Dorian Warren notes, “Because for black Americans, what Sen. Paul disparages as ‘big government’ is actually the government we trust most…blacks are the least likely [racial and economic group] to trust their local governments.” Though these military equipment programs, which give away all kinds of odd things, are a serious problem and should be curtailed, they should be placed within the context of a criminal justice system that is punitive towards minorities and is among the most expansive in the world.

This has political consequences. Democrats have been weak on criminal justice issues. But for several years Blue Dog Democrats, lead by Jim Webb, have pushed for reform. But Webb's big bill to bring together non-binding suggestions for reform, the National Criminal Justice Commission Act, wasn’t blocked by centrist Democrats. It was blocked by libertarians and conservatives. Most Republicans, including Tom Coburn and Rand Paul, voted against it on the basis of “states’ rights.” Commentators on the right found the arguments dubious and scandalous, but this will become more and more of an issue if the problem is just one of the federal government.

The Right-Wing Dream City

If you are a libertarian, you probably have two core principles when it comes to how the government carries out its duties. The first is that people should pay taxes in direct proportion to how much they benefit from government services. The government is like another business, and to the extent it can provide public-like goods the market will not, people should pay only as much as they benefit from them. Taxes should essentially be the individual's price of “purchasing” a government service.

You also probably want as much of what the government does to be privatized as possible. Government services provided by private firms use the profit motive to seek out efficiencies and innovation to provide the best service possible. But even if it doesn’t, the right’s public choice theory tells us that private agents will do a better job tending to services because of the essential impulse of the public state to corruption.

So what do we see in Ferguson? It’s becoming clear that there’s a deep connection between an out-of-control criminal justice system and debt peonage. As Vox reports, “court fees and fines are the second largest source of funds for the city; $2.6 million was collected in 2013 alone.”

These fines that come from small infractions will grow rapidly when people can’t afford to pay them immediately, much less hire lawyers to handle the complicated procedures. So you have a large population with warrants and debts living in a city that functions as a modern debtors’ prison. This leads to people functioning as second-class citizens in their own communities. And as Jelani Cobb notes in the New Yorker, this debtor status keeps many citizens of Ferguson off the streets, not protesting or acting as political agents.

How did we get here? As Sarah Stillman noted in a blockbuster New Yorker story, this is referred to as an “offender-funded” justice system, one that aims to “to shift the financial burden of probation directly onto probationers.” How? “Often, this means charging petty offenders—such as those with traffic debts—for a government service that was once provided for free.”

As Stillman notes, this process has grown alongside state-level efforts to privatize probation and other incarceration alternatives by replacing them with for-profit companies. (Missouri is one of many states that does this.) There are significant worries that this privatized probation industry has severe corruption and abuse problems. Crucially, their incentive is less rehabilitation or judging actual threats to the public, and more to keep people in a permanent debt peonage. The state, in turn, gets funded without having to raise any general taxes.

Having people who “use” the criminal justice system pay for it strikes me as pretty close to the libertarian vision of how taxes should function. And having state power executed by private, profit-seeking entities is the logical outcome of how they think services should function. I’m sure that a libertarian would say that they are against this kind of outcome, though it’s not clear to me how taxation and services along these lines couldn’t do anything other than lead to punitive outcomes. (Perhaps people versed in public choice theory should apply it to what happens when you put public choice theories into practice.)

This is yet another way in which the growth of market society is wedded to the growth of a carceral state. But thinking through this issue can lead you to interesting places. If you think that this offender-funded system is unfair because the poor don’t have the ability to pay for it, you are basically 90% of the way to an argument for progressive taxation. And if you think private parties using coercive power invites abuse, abuses that should be checked by basic mechanisms of democratic accountability, you are also pretty close to an argument for the modern, professionalized, administrative state. Welcome to the team.

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Many people are pointing to the police violence unfolding in Ferguson, Missouri as part of a “libertarian moment.” Dave Weigel of Slate writes “Liberals are up in arms about police militarization. Libertarians are saying: What took you so long?” Tim Carney of the Washington Examiner notes that the events in Ferguson bolster the claim that we are experiencing a libertarian moment because “libertarianism’s warnings today ring truer than ever.”

It will be a great thing if the horror of what is going on builds a broader coalition for putting the excess of the carceral state in check. But I also think that Ferguson presents a problem for libertarian theory about this situation in particular and the state in general. Their argument is a public choice-like story in which the federal government is the main villain. But this will only tell a partial story, and probably not even the most important one. And, as the deeper story of the town is told, the disturbing economics of the city look similar to what the right thinks is the ideal state. Let’s take these in turn.

Bottom-Up Militarization

People on the right are telling a story where the problems of the police are primarily driven by the federal government. As Rand Paul said: “Not surprisingly, big government has been at the heart of the problem.” Big government here is strictly a federal phenomenon though, one where “Washington has incentivized the militarization of local police precincts.” Paul Ryan’s comment on Ferguson is telling: "But in all of these things, local control, local government, local authorities who have the jurisdiction, who have the expertise, who are actually there are the people who should be in the lead." (h/t Digby) The culprits in these criticisms are usually programs, accelerated after the start of the War on Terror, that give military surplus to local police.

But rather than just a top-down phenomenon of centralized, federal bureaucrats, the police violence we see is just as much a bottom-up, locally-driven affair. “Militarized” police equipment didn’t shoot Michael Brown, or kill Eric Garner in a chokehold. And aggressive police reactions to protests haven’t required extensive military equipment over the past 40 years.

As Tamara Nopper and Mariame Kaba note in the pages of Jacobin, the idea that there is suddenly a “militarized” police force here betrays that the militarization began in the 1960s in response to the urban crisis. And even though militarized dollars have flowed to all parts of the country, it is in black urban areas where the equipment has been deployed in an aggressive manner by local authorities. And militarization isn't just about equipment, but about the broader framework of mass incarceration and zero-tolerance, order-maintenance policing.

You can see the consequences of this through simple polls. As Dorian Warren notes, “Because for black Americans, what Sen. Paul disparages as ‘big government’ is actually the government we trust most…blacks are the least likely [racial and economic group] to trust their local governments.” Though these military equipment programs, which give away all kinds of odd things, are a serious problem and should be curtailed, they should be placed within the context of a criminal justice system that is punitive towards minorities and is among the most expansive in the world.

This has political consequences. Democrats have been weak on criminal justice issues. But for several years Blue Dog Democrats, lead by Jim Webb, have pushed for reform. But Webb's big bill to bring together non-binding suggestions for reform, the National Criminal Justice Commission Act, wasn’t blocked by centrist Democrats. It was blocked by libertarians and conservatives. Most Republicans, including Tom Coburn and Rand Paul, voted against it on the basis of “states’ rights.” Commentators on the right found the arguments dubious and scandalous, but this will become more and more of an issue if the problem is just one of the federal government.

The Right-Wing Dream City

If you are a libertarian, you probably have two core principles when it comes to how the government carries out its duties. The first is that people should pay taxes in direct proportion to how much they benefit from government services. The government is like another business, and to the extent it can provide public-like goods the market will not, people should pay only as much as they benefit from them. Taxes should essentially be the individual's price of “purchasing” a government service.

You also probably want as much of what the government does to be privatized as possible. Government services provided by private firms use the profit motive to seek out efficiencies and innovation to provide the best service possible. But even if it doesn’t, the right’s public choice theory tells us that private agents will do a better job tending to services because of the essential impulse of the public state to corruption.

So what do we see in Ferguson? It’s becoming clear that there’s a deep connection between an out-of-control criminal justice system and debt peonage. As Vox reports, “court fees and fines are the second largest source of funds for the city; $2.6 million was collected in 2013 alone.”

These fines that come from small infractions will grow rapidly when people can’t afford to pay them immediately, much less hire lawyers to handle the complicated procedures. So you have a large population with warrants and debts living in a city that functions as a modern debtors’ prison. This leads to people functioning as second-class citizens in their own communities. And as Jelani Cobb notes in the New Yorker, this debtor status keeps many citizens of Ferguson off the streets, not protesting or acting as political agents.

How did we get here? As Sarah Stillman noted in a blockbuster New Yorker story, this is referred to as an “offender-funded” justice system, one that aims to “to shift the financial burden of probation directly onto probationers.” How? “Often, this means charging petty offenders—such as those with traffic debts—for a government service that was once provided for free.”

As Stillman notes, this process has grown alongside state-level efforts to privatize probation and other incarceration alternatives by replacing them with for-profit companies. (Missouri is one of many states that does this.) There are significant worries that this privatized probation industry has severe corruption and abuse problems. Crucially, their incentive is less rehabilitation or judging actual threats to the public, and more to keep people in a permanent debt peonage. The state, in turn, gets funded without having to raise any general taxes.

Having people who “use” the criminal justice system pay for it strikes me as pretty close to the libertarian vision of how taxes should function. And having state power executed by private, profit-seeking entities is the logical outcome of how they think services should function. I’m sure that a libertarian would say that they are against this kind of outcome, though it’s not clear to me how taxation and services along these lines couldn’t do anything other than lead to punitive outcomes. (Perhaps people versed in public choice theory should apply it to what happens when you put public choice theories into practice.)

This is yet another way in which the growth of market society is wedded to the growth of a carceral state. But thinking through this issue can lead you to interesting places. If you think that this offender-funded system is unfair because the poor don’t have the ability to pay for it, you are basically 90% of the way to an argument for progressive taxation. And if you think private parties using coercive power invites abuse, abuses that should be checked by basic mechanisms of democratic accountability, you are also pretty close to an argument for the modern, professionalized, administrative state. Welcome to the team.

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The New Conservative Reformers Still Don't Have a Plan for Wall Street

May 23, 2014Mike Konczal

There’s a certain liberal fascination with the idea of conservative “reformers” showing up and recalibrating the Republican Party toward policies that would benefit working Americans and lead to potential bipartisan solutions. This fascination is on display in the reaction to the new Room to Grow report, available for free online, by the YG Network. Already being covered by liberals, this volume features various reform conservative writers addressing a range of innovative economic policy ideas, with the hope that Republicans lawmakers will pay attention.

But if this is the best the new wave of conservatives can do on financial reform, it’s probably not the biggest worry that elected Republicans aren’t listening. The chapter that focuses on Dodd-Frank and the regulation of the financial markets after the crisis is by American Enterprise Institute’s James Pethokoukis. It’s billed as “financial reforms to combat cronyism,” but it offers little in terms of reform. The reformers should, at the very least, explain what they would repeal or replace in Dodd-Frank (a tension that exists with Obamacare as well), and this is left unclear.

The problems start with Pethokoukis’s take on the story of what went wrong in the first place. But he also glosses over the key issues facing policymakers today. The general idea of attacking “cronyism” and promoting competition tells us nothing about what needs to be done, making it so this report is a poor guide to the actual ongoing debates happening in financial reform. And this silence on contentious matters is so deafening that it bodes poorly for any kind of genuine positive agenda for the right or bipartisan alignment with liberal reformers. Understanding where Pethokoukis goes wrong, however, can tell us why conservatives are going to have a hard time dealing with actual reform in the age of Dodd-Frank.

The Story of What Went Wrong

For Pethokoukis, a lack of competition in the financial markets led to the crisis of 2008. To whatever extent there were problems, those problems existed because of the government’s safety net and backstopping of deposits and commercial banks.

A quick glance at most accounts of the financial crisis argues otherwise. The whole point of deregulation in the financial markets was to increase competition. The book that made the case for repealing Glass-Steagall argued for “an enhanced role for competition.” Economists associated with the Clinton administration also believed deregulation would lead to more competition and fix the financial sector. There was an explicit assumption that private entities like the ratings agencies would act as better regulators because they faced competition, and they explain how those agencies became so pivotal to the entire system.

So what went wrong? All these new types of “shadow” banks turned out to have the same problems as any other banking sector. They had massive conflicts of interest, were capable of generating panics and runs with no lender-of-last-resort to fall back on, and there were no regulatory tools to wind them down. The goal of Dodd-Frank, in this version of the story, is to extend the core, tried-and-tested methods of financial reform to this shadow banking sector. Under these new regulations, the FDIC can take down shadow banks, derivatives have to be traded in an exchange, the CFPB provides transparency and accountability for consumers, and so on. Perhaps this narrative is wrong, or perhaps these are terrible policy goals that follow from it, but it goes entirely undiscussed in Pethokoukis’s account.

No Conservative Answer to Too Big To Fail

The problems become more obvious when you consider two of the most debated parts of Dodd-Frank: the FDIC’s ability to create a death panel for failing banks, known as resolution authority; and the Federal Reserve’s power to act as a “lender of last resort” in periods of crisis. Pethokoukis only obliquely addresses these issues, though they go to the core of Too Big To Fail.

He argues that Dodd-Frank “explicitly permits bailouts through its resolution authority provision.” What he is referencing is sadly not cited, because Dodd-Frank in fact requires "that unsecured creditors bear losses in accordance with the priority of claim.” (If Pethokoukis would argue that the power to differentiate payments is a de facto bailout, then all of bankruptcy is a permanent bailout, as those powers look just like critical vendor orders or other parts of the bankruptcy process in the proposed FDIC rules.)

Pethokoukis also argues against any type of lender-of-last-resort functionality for the non-commercial banking sector. Awkwardly, this in turn functions as a defense of the 2007 status quo. Take an investment bank, allow it to be subject to market panics, and have no resolution process in place other than tossing it into bankruptcy. This is the exact experiment we did with Lehman Brothers.

In supporting materials, Pethokoukis argues that conservative reformers “have ideas to end Too Big To Fail once and for all,” but it’s not clear what they actually are, or even what they could look like. He doesn’t engage in the debate over resolution authority, and he doesn’t mention various conservative replacements to Dodd-Frank that involve a special bankruptcy code. Maybe that’s because the leading proposals make it purposely difficult to lend in a crisis by penalizing lenders, an approach that violates the wisdom of economists going back to Bagehot.

Not a Roadmap for Our Current Debates

Now granted, the report is about messaging and priorities rather than the intricacies of specific reforms. But even here Pethokoukis’s general guiding star of pro-competition and anti-cronyism doesn’t tell us anything about what we need to know to assess the problems on the ground.

Derivative reforms are notably missing from this paper. I’d argue that forcing price transparency in the derivatives market is pro-competition because it leads to better information and an even playing field, and that pushing for aggressive international enforcement of those rules is anti-cronyism, because Wall Street shouldn’t get to flout the rules by cleverly housing its operations somewhere. Would conservative reformers agree? Based on this report, I have no idea.

Is the fact that Wall Street has such an extensive presence in commodities like aluminum a cause for concern? Do we want to push back on the market mediated complex credit chains that comprise shadow banking? Did Dodd-Frank not go far enough in restructuring the financial system, or did it already go too far with the Volcker Rule and concentration limits? The fact that the conservative reformers’ framework is incapable of guiding us in any plausible direction on these major unfolding issues is very problematic. It points to an absolute void in reform conservative policy on the practical regulatory challenges of the day.

The most promising thing in Pethokoukis’s piece is the call for higher capital requirements, perhaps on the order of 15 percent. Though a very good idea, this won’t end Too Big To Fail. And again this doesn’t engage with the current debates over capital, which involve how to balance multiple needs of capital. If you have a straight leverage requirement by itself, won’t that be gamed by firms taking on big risks? If you have a lot of capital but no liquidity, won’t you be subject to runs? Should banks hold long-term, unsecured debt, perhaps engineered to turn into equity during a failure? People often seek a silver bullet here, but one of the points of Basel is to try and balance all these needs against each other. Pethokoukis is correct that requirements should be higher, but unclear on this balancing act.

Mediating Institutions Require Regulations

Capital requirements aside, it’s surprising how unsurprised I am by the supposedly bold new thinking on financial reform contained in this report. The report is ideologically focused on using the government to build the spaces between the individual and state, the space of mediating institutions that include the market. But one of the best ways we can do that is by enforcing transparency and accountability among people participating in a market. Indeed, arguably the biggest blow to cronyism in 2014 has been the disclosure by the SEC of serious, widespread breaches in the private equity market – breaches that are reportable because of Dodd-Frank.

Here’s an example of a policy I’d love to see the right embrace: fiduciary requirements updated for a landscape of 401(k)s, IRAs, and all the other personal, private, tax-exempt savings accounts that people have to deal with. The Department of Labor is trying to do this right now, in fact, and the House Tea Party is trying to stop them.

One might expect that conservatives thinking in terms of civil society would support fiduciary requirements. They’ve existed since antiquity, going back to the Code of Hammurabi, Judeo-Christian traditions, Chinese law, and, a bonus for the right, centuries of common law. Using the state to set a guidepost for ethical norms that have existed across time and place, and thereby boosting people’s ability to take responsibility for their investments, is remarkably consistent with a richer civil society. But it’s not there in this report.

I hope these reformers succeed in checking the furthest right-wing elements of their party, although the rehabilitation of Bush-era “compassionate conservatism” (a term whose absence is conspicuous) is a far heavier lift given the libertarian focus of today’s conservatism. But if this vision is going to be centered on mediating institutions rather than direct state action, it will be essential for reformers to understand how the state creates the market, and how it sets the terms for enforcing consumers interests, for private agents to get access to information, and for trading, prices, and risk to move throughout the economy. The core balance of transparency, accountability, stability, and innovation is not something that can simply be waved away by appeals to a “free” market as is done here.

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There’s a certain liberal fascination with the idea of conservative “reformers” showing up and recalibrating the Republican Party toward policies that would benefit working Americans and lead to potential bipartisan solutions. This fascination is on display in the reaction to the new Room to Grow report, available for free online, by the YG Network. Already being covered by liberals, this volume features various reform conservative writers addressing a range of innovative economic policy ideas, with the hope that Republicans lawmakers will pay attention.

But if this is the best the new wave of conservatives can do on financial reform, it’s probably not the biggest worry that elected Republicans aren’t listening. The chapter that focuses on Dodd-Frank and the regulation of the financial markets after the crisis is by American Enterprise Institute’s James Pethokoukis. It’s billed as “financial reforms to combat cronyism,” but it offers little in terms of reform. The reformers should, at the very least, explain what they would repeal or replace in Dodd-Frank (a tension that exists with Obamacare as well), and this is left unclear.

The problems start with Pethokoukis’s take on the story of what went wrong in the first place. But he also glosses over the key issues facing policymakers today. The general idea of attacking “cronyism” and promoting competition tells us nothing about what needs to be done, making it so this report is a poor guide to the actual ongoing debates happening in financial reform. And this silence on contentious matters is so deafening that it bodes poorly for any kind of genuine positive agenda for the right or bipartisan alignment with liberal reformers. Understanding where Pethokoukis goes wrong, however, can tell us why conservatives are going to have a hard time dealing with actual reform in the age of Dodd-Frank.

The Story of What Went Wrong

For Pethokoukis, a lack of competition in the financial markets led to the crisis of 2008. To whatever extent there were problems, those problems existed because of the government’s safety net and backstopping of deposits and commercial banks.

A quick glance at most accounts of the financial crisis argues otherwise. The whole point of deregulation in the financial markets was to increase competition. The book that made the case for repealing Glass-Steagall argued for “an enhanced role for competition.” Economists associated with the Clinton administration also believed deregulation would lead to more competition and fix the financial sector. There was an explicit assumption that private entities like the ratings agencies would act as better regulators because they faced competition, and they explain how those agencies became so pivotal to the entire system.

So what went wrong? All these new types of “shadow” banks turned out to have the same problems as any other banking sector. They had massive conflicts of interest, were capable of generating panics and runs with no lender-of-last-resort to fall back on, and there were no regulatory tools to wind them down. The goal of Dodd-Frank, in this version of the story, is to extend the core, tried-and-tested methods of financial reform to this shadow banking sector. Under these new regulations, the FDIC can take down shadow banks, derivatives have to be traded in an exchange, the CFPB provides transparency and accountability for consumers, and so on. Perhaps this narrative is wrong, or perhaps these are terrible policy goals that follow from it, but it goes entirely undiscussed in Pethokoukis’s account.

No Conservative Answer to Too Big To Fail

The problems become more obvious when you consider two of the most debated parts of Dodd-Frank: the FDIC’s ability to create a death panel for failing banks, known as resolution authority; and the Federal Reserve’s power to act as a “lender of last resort” in periods of crisis. Pethokoukis only obliquely addresses these issues, though they go to the core of Too Big To Fail.

He argues that Dodd-Frank “explicitly permits bailouts through its resolution authority provision.” What he is referencing is sadly not cited, because Dodd-Frank in fact requires "that unsecured creditors bear losses in accordance with the priority of claim.” (If Pethokoukis would argue that the power to differentiate payments is a de facto bailout, then all of bankruptcy is a permanent bailout, as those powers look just like critical vendor orders or other parts of the bankruptcy process in the proposed FDIC rules.)

Pethokoukis also argues against any type of lender-of-last-resort functionality for the non-commercial banking sector. Awkwardly, this in turn functions as a defense of the 2007 status quo. Take an investment bank, allow it to be subject to market panics, and have no resolution process in place other than tossing it into bankruptcy. This is the exact experiment we did with Lehman Brothers.

In supporting materials, Pethokoukis argues that conservative reformers “have ideas to end Too Big To Fail once and for all,” but it’s not clear what they actually are, or even what they could look like. He doesn’t engage in the debate over resolution authority, and he doesn’t mention various conservative replacements to Dodd-Frank that involve a special bankruptcy code. Maybe that’s because the leading proposals make it purposely difficult to lend in a crisis by penalizing lenders, an approach that violates the wisdom of economists going back to Bagehot.

Not a Roadmap for Our Current Debates

Now granted, the report is about messaging and priorities rather than the intricacies of specific reforms. But even here Pethokoukis’s general guiding star of pro-competition and anti-cronyism doesn’t tell us anything about what we need to know to assess the problems on the ground.

Derivative reforms are notably missing from this paper. I’d argue that forcing price transparency in the derivatives market is pro-competition because it leads to better information and an even playing field, and that pushing for aggressive international enforcement of those rules is anti-cronyism, because Wall Street shouldn’t get to flout the rules by cleverly housing its operations somewhere. Would conservative reformers agree? Based on this report, I have no idea.

Is the fact that Wall Street has such an extensive presence in commodities like aluminum a cause for concern? Do we want to push back on the market mediated complex credit chains that comprise shadow banking? Did Dodd-Frank not go far enough in restructuring the financial system, or did it already go too far with the Volcker Rule and concentration limits? The fact that the conservative reformers’ framework is incapable of guiding us in any plausible direction on these major unfolding issues is very problematic. It points to an absolute void in reform conservative policy on the practical regulatory challenges of the day.

The most promising thing in Pethokoukis’s piece is the call for higher capital requirements, perhaps on the order of 15 percent. Though a very good idea, this won’t end Too Big To Fail. And again this doesn’t engage with the current debates over capital, which involve how to balance multiple needs of capital. If you have a straight leverage requirement by itself, won’t that be gamed by firms taking on big risks? If you have a lot of capital but no liquidity, won’t you be subject to runs? Should banks hold long-term, unsecured debt, perhaps engineered to turn into equity during a failure? People often seek a silver bullet here, but one of the points of Basel is to try and balance all these needs against each other. Pethokoukis is correct that requirements should be higher, but unclear on this balancing act.

Mediating Institutions Require Regulations

Capital requirements aside, it’s surprising how unsurprised I am by the supposedly bold new thinking on financial reform contained in this report. The report is ideologically focused on using the government to build the spaces between the individual and state, the space of mediating institutions that include the market. But one of the best ways we can do that is by enforcing transparency and accountability among people participating in a market. Indeed, arguably the biggest blow to cronyism in 2014 has been the disclosure by the SEC of serious, widespread breaches in the private equity market – breaches that are reportable because of Dodd-Frank.

Here’s an example of a policy I’d love to see the right embrace: fiduciary requirements updated for a landscape of 401(k)s, IRAs, and all the other personal, private, tax-exempt savings accounts that people have to deal with. The Department of Labor is trying to do this right now, in fact, and the House Tea Party is trying to stop them.

One might expect that conservatives thinking in terms of civil society would support fiduciary requirements. They’ve existed since antiquity, going back to the Code of Hammurabi, Judeo-Christian traditions, Chinese law, and, a bonus for the right, centuries of common law. Using the state to set a guidepost for ethical norms that have existed across time and place, and thereby boosting people’s ability to take responsibility for their investments, is remarkably consistent with a richer civil society. But it’s not there in this report.

I hope these reformers succeed in checking the furthest right-wing elements of their party, although the rehabilitation of Bush-era “compassionate conservatism” (a term whose absence is conspicuous) is a far heavier lift given the libertarian focus of today’s conservatism. But if this vision is going to be centered on mediating institutions rather than direct state action, it will be essential for reformers to understand how the state creates the market, and how it sets the terms for enforcing consumers interests, for private agents to get access to information, and for trading, prices, and risk to move throughout the economy. The core balance of transparency, accountability, stability, and innovation is not something that can simply be waved away by appeals to a “free” market as is done here.

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