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The Last Laffer

The Laffer Curve has gained new attention with tax hikes fast approaching.  The thesis behind Arthur Laffer’s insight is simple:  no tax revenue is produced when the tax rate is 0% (obviously) or 100% (who would earn income they will never see?).  Empirical studies have sought out a revenue maximizing tax rate, and while certainty in economics is rare, a point of rapidly diminishing returns appears when local, state and federal tax rates are more than 50% of earned income.   We are now at that point in California, New York and Hawaii.

Setting aside the troubling political / moral question of whether the government should extract the maximum possible amount from its citizens' labor (or be guided by a better light), the Laffer effect has credible components: 

Work Incentives.  The first 10 hours of a 50-hour week feels much different than the last 10 hours of a 70-hour week.  A combination of higher tax burden and exhaustion accelerates the Laffer impact.  Economists have pointed to studies showing reward and exhaustion level correlate to reduced output, particularly at higher income levels.

Avoidance Efforts.  When the gap between taxes taken and services received grows, so does the desire to game the system, which increases collections costs and reduces net revenue.  Few people believe they should get roads, schools, police, courts or other public goods for free, but spending on transfer payments (to the politically favored) diminishes incentives to interpret rules in favor of the tax collector.  Cheating in high tax countries is well documented.  The ability of a growing number of workers to shift their income timing and type has made high marginal taxes less effective.  Most “millionaires” do not file as such in many successive years, and when tax burdens increase, so does the attractiveness of shifting revenue type and tax jurisdiction.  Think of LeBron James' move to Florida or the recent startling statistic that two-thirds of Britain's "millionaires" somehow disappeared after the imposition of a 50 percent wealth surcharge.

Investment and Growth.  High marginal tax rates target money most likely to be invested in new endeavors.  These are precisely the “saver” dollars so cherished in growth-centric economies.  $25K extra from someone making $500K may not be an individual burden, but shifting those funds via taxation to regulatory oversight or transfer payments slows growth.  Less growth causes long term tax revenue to fall.  The Rahn Curve (named for economist Richard Rahn) indicate that government expenditures of 15% to 20% of GDP equate to maximum levels of growth in the economy.  Tax rates that produce larger government than this would combine with the individual Laffer effect to reduce tax revenues over a period of time.   The economic booms following the JFK and Reagan tax cuts are often cited as examples of the marginal impact of investment dollars on long term growth.  Reagan's 28% top marginal tax rate (and code simplification) economy managed to produce almost 75% more revenue ($909) than Carter's 70% top marginal rates ($517B aggregate) some 8 years later.

As we look down the barrel of another reload on the search for "revenue", Mr. Laffer may well have the last laugh.

 

What goes around ...

When Newt Gingrich began impeachment proceedings against Bill Clinton based on the president's false testimony in the Paula Jones lawsuit, I had a very bad feeling.  

A censure motion was better in every way:  politically, it made no sense to pick a legal fight when Clinton had impeached his own testimony and punishment was the only question.  No one could argue that he needed to be censured, but impeachment gave him martyr status.  The process took Clinton off the playing field for the 2000 election (and we see now how effective he is), but censure would have accomplished the same result.  Legally, a civil trial after his term in office was better due process and better for constitutional separation of powers.  Patriotically, Gringrich was putting partisan politics ahead of the country and took up time and effort from addressing more pressing needs (like say Fannie Mae reform!).   Finally, Gingrich's hypocrisy given his own extramarital affair put a target on the back of every Republican.

And I knew there would be payback and bad karma. 

The subsequent treatment of President GW Bush by the elite media was vindictive and spiteful.  Some of this was to be expected, but it reached an unprecedented level of derangement and corrosiveness.  Previously level-headed places like the New Yorker lost all cool and became vengeful and downright stupid on anything Bush related.  Real progress was difficult to accomplish on festering national issues like the debt bubble.  The perception of unfair treatment of Bill Clinton combined with the Florida election results and Bush v. Gore, left a deep scar on the liberal left and they have been out for absolute "damn the republic" blood since then.   

The result was Barack Obama, who, like Sarah Palin, is a "fuck you" candidate.  Uncompromising, unabashed and unqualified.   I don't agree with Hillary Clinton on much, but she would have been far more unifying for the nation than Obama, who I doubt would have won without the left wing lathered up in a frenzy and eager to make a point, which brings me to my point:  it is painfully obvious that Barack Obama needs to be impeached.   

The assassination of a 16 year old American boy without due process (via drone) and the arrest and imprisonment of Nakoula Nakoula for exercising his First Amendment rights to free speech and religion were unconscionable acts for an American president.  His politically motivated failure to protect our people in Benghazi and his failure to immediately dismiss General Petraeus once his affair came to light have cast a whole new light on the Obama administration.  He so clearly violated his oath of office, that impeachment is needed under our laws and constitution.  Unfortunately, the egotistical and hypocritical grandstanding of Newt Gingrich a decade ago may well have taken that option off the table, particularly given Obama's historical status.  We have to live with another festering sore in our national fabric.

This is a bad thing for the nation.   A few bad thing.  What goes around comes around.

Big Bubba Big Data - Election 2012

After getting trounced by Big Bubba and Big Data in the 2012 election, libertarian-leaning Republicans can look to a few silver linings:

1.  Obama won the popular vote in 2012 by 2.5% versus almost 7.5% in 2008.  5% of voters had a "learning moment" and this is encouraging considering how few generally pay attention and how super-effective the Big Data driven GOTV effort was for the Government Union / Democrats.  My socially liberal wife got called 3 times to vote on a pro-public union measure.  She voted against with the benefit of my insights but many of her friends had no idea.  I got no calls.  We got crushed tactically and spanked from a PR standpoint by bad apples (Akin, Murdouck).   However, every poll shows that our ideas remain the winning ideas.  People think government does too much, wastes too much money, and needs real leadership.

2.  This reminds us that incumbents are REALLY hard to beat. The system is heavily rigged in their favor.  As unhappy as voters were with GW Bush in 2004 on the Iraq war, they still gave him a second chance.  The Bush margin from 2000 to 2004 was + 3.5% versus - 5% for Obama.  An aggregate of 8.5% is not nothing in the persuasion business, particularly when you consider that Democrat voter participation only dropped 2%.   We may have had the enthusiasm gap, but they had the go to market gap with their Bubba-driven robo calls and public union funded GOTV.  We're now "Wide Awake" as Katy Perry might say.

3.  The legacy media is dying.  True, their failure to press on the Petraeus Scandal, the Benghazi debacle, the arrest of Nakoula Nakoula, labor rate participation plummeting, stock market stagnant, Bernanke bubble, food stamps soaring, health care costs skyrocketing, gas prices doubling, California bankrupt, etc. cost the election, but in that light, Romney did well and he has ONLY the new media to thank.  Under the legacy media, the result would have been much, much worse.

4.  The problem isn't the American people (though I have concerns).  It is our celebrity journalism culture which went all in for one guy.  Whatever you might say about Romney, he sucks as a celebrity (Mormon grandfather?  Who is going to cast that one in Hollywood unless he has plural wives). Obama was a Black Swan and a rare celebrity. They don't make them like that every day, and Dems have no more in the wings.

5.  Gary Johnson won 1M votes, meaning that the libertarian vote PLUS the most unabashedly pro-market, small government Republican ticket since Reagan landed only 1% shy of ousting a sitting president riding a wave of post-Sandy "bomber jacket" propaganda and plump Republican sidekick.  Millions of robo-calls went out from Clinton to convince people that Obama was a "moderate" -- no small feat, even for a practiced liar.  And NEVER UNDERESTIMATE BIG BUBBA.

6.  Things that cannot go on forever, will not.  The Bernanke Bucks economy will collapse as student loan defaults and a slow down in mortgage refinancing melt the Fed balance sheet.  The country will go in to a recession with the burdens of Obamacare, DoddFrank, Fiscal Cliff, Manufacturing flight, small business taxation, etc.  Inflation will soar on any product modestly hard to substitute.  2014 could well be the year we oust many, many Democrats and rightfully tarnish the new leftward Obamacrat brand the way Bush in 2006 created a low water mark in the Republican brand.

One final point:  it is absolutely essential that we continue to recruit the Ted Cruz, Susanna Martinez, Mia Love, Marco Rubio, Herman Cain and other diverse spokesperson for our small, effective government values. 

At some point, 6 white guys bloviating about racism on MSNBC / HBO sitting across the table from 6 women, latinos and African Americans will ring hollow.  It does already.  Our ideas are the winning ideas.  We just need attractive spokespeople and an ORCA that swims !












JOBS - the four letter word

I recently saw This Video,  which is a fair treatment of the Obama private sector jobs record.   I strongly recommend taking four minutes to review.

The question is not if job creation lagged under Obama (he has the worst record of any modern President), but rather why has the job engine stagnated ?

Perhaps the "Bush 43 recession" was unprecedented in scope?   Not really.   Prior transition recessions were initially equal, if not worse, in scope.


Perhaps Krugman is correct.  The recovery has been stymied by inadequate fiscal and monetary stimulus ?   But interest rates are at historic lows, money printing at historic highs, and government spending as a percentage of GDP is 25% higher now than it was under Clinton.    Obama did Keynes, and he did it poorly.

My take:  

Obamacare, Dodd-Frank, Bailout Inc. and the Stimulus were epic failures of policy and legislation -- mind-numbingly complex, poorly drafted, uncertain, and corrupt.
We needed Louis Brandeis and got instead Alfred E. Neuman -- mediocre Hill staffers, self-interested lobbyists and in some cases a few goons and zombies.

Like FDR before him, Obama has a political bent toward demonizing risk-takers.   Even Keynes wrote letters to FDR saying it does no good to demonize business people.  They take risks that fuel the economy and making them bogeymen freezes the appetite for risk.   "you didn't build that, etc."  "pay your fair share"  "etc."  are economic wet blankets.

Deep-sixing Simpson Bowles.   A bi-partisan blueprint was left for Congress and the President, and they failed to repair the foundation.    Blame who you want, but fair accounts (see Woodward book) find little evidence of Republican "obstructionism".

Refusal to deal with long term structural issues.   We are increasingly becoming a nation devoted to paying people NOT to work.   Dollars flow freely to medical care, higher education (needed or not), gold-plated public pensions, 99 week unemployment benefits, and subsidized profits for crony industries like contracting, energy, automobiles, banking, etc.   Why work when the reward system is so askew? 

Finally, there is a great article in the National Review on Fraser Robinson, Michelle Obama's father.   Everything he did and everything he stood for is now devalued.

Yet so few are willing to stand up to the corruption and rot overtaking our the modern American public sector.

Life of Ryan


Personnel is policy.  Choice is character.   

In selecting Paul Ryan as his running mate, Mitt Romney provided us a glimpse of his presidency should he prevail in November.   Ryan was a bold, yet thoughtful, choice that leaves little doubt that the executive branch's top priority will be fiscal and economic discipline.   This is a welcome turn of events for those of us who have suffered through the financial illiteracy of the Bush and Obama presidencies.

When Republicans are viewed as watching the taxpayer checkbook, they win elections.   When the prevailing sentiment is they are watching people's bedrooms, they lose.  The political brilliance of the Ryan selection is underscored every time that Joe Biden opens his mouth

More thoughts to follow, but let me leave you with a Monty Python vignette that highlights the challenging paradox of leadership centered on respect for the individual:   Life of Brian

Good luck Paul !

Reputation and other skills for the next generation of leaders


Click at link for a book treatment on reputation theory, which allows leaders to use trust mechanisms to make their organizations more efficient and effective.



The Hangover

After recent euphoria, the Bay Area is in for a serious hangover.  

The party was epic:  The SF Giants won a first World Series against those Bush-infused Texas Rangers.  Meanwhile, in the 2010 Elections, the blue state locals let the red state teetotalers know they had no intention of calling it a night and joining the Tea Party in the rest of the country.  

Unfortunately, reality is about to hit hard. As The Wall Street Journal put it:  California has become the Lindsay Lohan State.  Meanwhile, the NYT is reporting that bondholders are balking at the bill.  

In the end, the Giants' win was epic, but still vicarious entertainment.  And what Tea Party goers might lack in spelling skills, they make up for in true insight:  it is time to sober up.

By objective measures, California's state government has failed.  California ranks at the bottom of every scale of accountability.  Despite our temperate climate, we have the nation's second worst roads and bridges.  We rank 36th for crime incidents and public safety.  Our public education lags well behind the nation.  Public development is moribund and critical public works are interminable.  Environmental stewardship is stagnant.  Our debt is unsustainable without federal bailout funds, which are not coming from the next Congress.  Public pension obligations are dramatically underfunded, drawing billions of our tax dollars that should go to services.

The only thing we know for certain:  California’s failure is not due to a lack of government resources or the energy and commitment of its people, but to the gross negligence and a failure of civic duty by its leaders.  Our sales tax (10%), property taxes (14 mils), and income taxes (10%, including ordinary income rates on capital gains) rank as the second most onerous in the nation.  Fees, fines, fares, and tolls are ubiquitous and historically high.  It is official:  Californians pay the most and get the least for their money.  Just how is it we suffer some of the worst government management since the days of Caligula?  

A large part of the problem is the inmates run the asylum.  Incredibly, public unions use our tax dollars by the millions in campaigns to defame anyone who comes close to threatening what can only be described as a quasi-criminal enterprise.  $900,000 per year salaries for Bell city managers, $750,000 per year for Alameda county health care administrators, $8 million pensions for San Francisco assistant police chiefs.   These are no longer public servants.  They are public malefactors.  If it bothers me that Buster Posey or Tim Lincecum made millions, I can avoid the Giants.  If I didn't like Meg Whitman's salary, I could have stopped using EBay. A problem with Carly Fiorina's management?  I could change jobs.  But if I find the management of California's public bodies outrageous, my only choice is to uproot my entire family, career and business and go to another state.  Unfortunately, both inside and outside of California that equation has become all too apparent.

As a political culture, California has always had an eclectic blend of transplanted liberalism, unbridled personal ambition, and a native Western libertarian streak – both the intellectual and cowboy sort.  With physical beauty, a savory climate and energetic transplants from across the country and the world, we could get it together when needed.  We put the past aside and planned the future – often the future of the world. History? Tradition?  Not as interesting when you have the next, next thing.  Or at least Twitter and Zynga.  Unfortunately, historical amnesia has a price.  In the face of adversity, amnesiacs lose perspective, regress, cling to illusions, and draw blanks.  Their imagination looks not to the travails and triumphs of the past for bearing and strength, but to the fickle flirtations, impulses and “why not me” envies of this year's accidental successes (movie stars, dot com wonders, sport titans).  When these infatuations fail, as they invariably do, regression sets in.  

The 2010 California electoral results were just such an exercise in collective historical amnesia and failure of nerve.  Californians were offered up two dedicated, accomplished women (Meg Whitman and Carly Fiorina) with desperately needed leadership and management talents.  But they saw only the risk and not the reward.  This was a moment when California society took one of those regrettable turns.  Otherwise capable of so much innovation, creativity, and sense of challenge, Californians sought solace from the economic downturn anywhere but in the real world of cause and consequence -- the daily stuff of leaders like Meg and Carly.   In fairness to the voters of California, Meg and Carly did not do nearly enough by way of prior public service (as opposed to business) accomplishment to prove that either of them was a risk worth the taking.  Meg Whitman couldn't even be bothered to vote.

Still, the case against Barbara Boxer and Jerry Brown was much stronger.  As placeholders for nearly six collective decades in failing organizations, they were simply instruments of collective denial.  This pair has accomplished little for others in their aggregate 140 years on the planet.   A pet project here or there.   A huge dose of self-interest and corruption everywhere else.  They represent anti-leaders – drab wallflowers that have achieved significant personal comfort despite mediocrity.  They maintain their station by incessantly tearing down their betters and playing to regressive elements.  Like the segregationist Democrats of the old South, change is anathema and hopelessness pervades their efforts.  Will the man who gave public unions collective bargaining be the one to undo their disastrous consequences?  Very doubtful.

One spring leaf of hope on the horizon came from Proposition 20, which the voters overwhelmingly approved.   One might debate this particular solution on the issued of redistricting, but the fact is Californians know the patient is sick and dying.   They know Sacramento is simply not a place that can be trusted with fundamental liberties.   That is a sad commentary, but at least people are aware of the disease.

My fervent hope is that we can punch the accelerator of real change before it is too late.  

 

Revisiting the Buckley Rule


The Buckley Rule has received a lot of attention recently, as one seasoned moderate after another has been toppled in Republican primaries by Tea Party purists.  Inspired by the Alaskan Joan of Arc, a band of pitchfork-wielding villagers and exurbanites have given the heave ho to anyone that looks the slightest bit too comfortable in the Beltway. 

The Buckley Rule posits that conservatives should vote for the most conservative person who is electable in a general election.  Given the wisdom and wit of its author, William F. Buckley, the Rule deserves serious consideration and respect.

Many savvy modern conservatives are understandably concerned that Republican control of the Senate will elude the movement because of the lack of tactical prowess on the part of the Tea Partiers in ignoring the Buckley Rule.   By demanding the whole enchilada, the reasoning goes, they risk getting the same stale chips (aka Pelosi, Reid, etc.) instead of a half order.

Based on his own rule, Buckley backed Richard Nixon over Barry Goldwater.   This factoid alone should raise some interest among conservatives in refining the rule.  Nixon was a scurrilous, unprincipled politician with few redeeming qualities. He introduced such creepy tactics as the "Southern Strategy", looked askance at voter fraud, and left a Keynesian economic ruin in the making.  Oh, and that unfortunate office break in incident and subsequent fall out.  Nixon possessed few qualities of leadership and hatched much of what has proven unhealthy in American politics.  And, of course, Nixon's failings gave us arguably the worst president in modern history:  Jimmy Carter.

In the modern media age, the volatility of the electorate is high, labels are transitory, and confidence in "the system" has rarely been lower.  Therefore, it seems a good time to revisit the Buckley Rule.   An asterix on "conservative" should indicate that regardless of how a candidate might label themselves, they deserve zero support unless they have read, understood, support and practice the principles embodied in the (i) Constitution, (ii) the moral/ethical texts of modern civilization, and (iii) the works of Frederick Hayek.

Remember, the person who will lie for you, will lie to you.

How to Slay a Leviathan ... and other skills for the next generation of leaders



CLICK HERE  for a draft introduction to:  How to Slay a Leviathan and other skills for the next generation of leaders.

The ambition of this book is to bring a fresh, limited government perspective to leadership and good government studies, which have historically been dominated by big government, central planning advocates with little experience outside academia and the bureaucracies or large companies they wish to transform.   

By using reputation theory to foster and maintain working markets in commerce, finance or ideas, leaders can be more successful and deliver us from our current stagnation. 

It will also be useful to business and non-profit leaders working to improve their organizations and implement fundamental change with an eye toward dynamism, efficiency, success and sustainability.

kurtisfechtmeyer aT mac DoT com

Dodd Financial Reform: Recipe Included


As with other parts of the New New Deal our leaders are peddling, the Dodd financial reform package is a perfect storm of blame game, confusion,  and ignorance.  As for reform?  Not so much.  When principled people on the left (Feingold; Cantwell) join ranks with Republicans against a bill, a Potomac sewer rat (excuse me, vole) is in the house.  You have to look deep within the bill for its few redeeming features, and these are unlikely to outweigh certain negative results.

First, the bill barely touches on the mortgage industry at the heart of the financial crisis.   Second, despite its populist trappings, its 1400+ pages only works to the favor of those parties rich enough to buy the legal army needed to wade through it and comply.  Third, the bill does nothing to address bi-partisan concerns about the last Wall Street "reform" courtesy of Messrs. Sabanes, Oxley and Spitzer.  This previous set of good intentions all but killed the small cap public equity market and the venture business that depended upon it.  Could we fix that mess first?  Take a ticket.  How about funding innovation?  So last century.  Finally, a bill this important should be crafted by brilliant public-minded leaders above the political fray and steeped in real world experience. Instead of Louis Brandeis, however, we get a script written in an echo chamber by HuffPo-reading political staffers, corporate shills, and politicians interested foremost in salvaging their own complicit hides.

In a nutshell:  this bill will make the Washington-Wall Street nexus tighter than ever and bailouts (by any other name) more likely.

One of the great historical accidents that favored the American capital industry and our economy generally was that our financial center, New York, and other regional centers such as San Francisco, were physically separated from the tinkering (however well intentioned) and envies of Washington.   No more.  This bill takes another step toward a continental regime of capital + cronies -- Athens circa 2010 by way of Chicago circa 1930.  The bill also spins the nausea-inducing yarn that the financial crisis was the result of "wild speculation" and "exotic instruments" on Wall Street.  In fact, the crisis was specifically about $2T of mundane (but fake) AAA mortgage securities supported by (a) shaky insurance via a politically-connected well spring (AIG), which the bill barely mentions, (b) a ratings oligopoly sanctioned by the government with no shortage of the same "experts" this bill further embraces, and (c) a government-sponsored secondary market via Fannie Mae and Freddie Mac, which this bill ignores entirely.

Why does the bill place new burdens on private equity funds, venture capital, corporate governance, municipal bonds, credit cards and other matters that are non-systemic in nature and had absolutely nothing to do with the sub-prime mortgage crisis?  Any more questions before we shoot that canary making noise in the corner?  The response to every wrong (perceived or real), is a flat-footed federal agency with too much authority and too little real experience.   Instead of applauding the power of well-policed markets and the native interests and intelligence that drive the vast majority of American business and financial leaders, the bill puts the vain courtiers and egoists of the political court in the center of the financial stage, where they'll expect applause no matter how lame their performance.  With broad drivel about "consumers" and "risk" empowering new super-agencies, the rule of law will be no match for a new breed of disastrous do-gooders in the vein of Fannie Mae and Freddie Mac.

Any more question before we begin another reading of Alice in Wonderland?

Let's roll the tape from Senator Dodd's own committee:

-  Consumer Financial Protection Bureau.   There is no evidence that a financial crisis driven by inflated housing values represented:  "an across-the-board failure to protect consumers".  This is convenient fiction at best.  A harmful lie at its worst.  Any "schemes" involved in the crisis were real estate scams by borrowers, builders, and flippers to speculate locally and/or defraud lenders.  Inflated housing values?  Thank a strong economy, low unemployment and the same low interest rates and ready credit the government continues to promote. 

Certainly, some had the misfortune of hitting the top of the housing cycle and/or used low-down payment, NINJA and other ill-advised reset loans. Individuals also lied on loan applications.  But who pushed these instruments, juiced the housing market, and eased loan requirements?  The same consumer-focused "affordability" advocates that will likely populate the new agency.  

I have suggested Luigi Zingales' debt-for-equity swaps and other real solutions to help consumers caught up in bad timing and a bad economy, but this bill's premise belies all the talk we hear now from liberals about how they support "personal responsibility".   These are people buying houses, not digging in dumpsters.  We should anticipate diligence from them.  This bill WILL certainly mean fewer banks, as less will be able to afford to comply with a new federal blanket of rules.  Competition will decrease.  Consumers will suffer.   The same "affordability" advocates that brought us skyrocketing college and housing costs are not the solution.   They are a problem.  A gratuitous layer of bureaucracy increases costs and decreases the best protection consumers have:  the ability to switch providers.

Far from helping consumers, this bill will have the opposite effect.

-  Financial Stability Oversight Council.   9 Mandarins, who will "identify risks" and sweep anything deemed "risky" under the Federal Reserve's purview.  Bad Idea.  Very bad idea.

Chaired by the Treasury Secretary, this new financial Council of Trent will have strange and surprising powers, intermingling monetary, banking and securities functions in a charged political environment.  Mind you, we now have a Treasury Secretary, who gleefully admits he "has never held a real job".  But not to worry, according to Dodd's release, a new "Office of Financial Research" will be staffed with "highly sophisticated economists, accountants, lawyers, supervisors , and other specialists"  Hmmm.  What seems to be missing?   How about someone who has actually worked in the securities industry or in banking, and not just a vacuum sealed policy environment. To a Washington bureaucrat, stepping outside in a drizzle is a risk. How on earth will they get the risk/reward balance correct with nothing in play?  This is classic central planning myopia that has failed again and again.  And what on earth is the person who is supposed to watch the federal treasury doing watching every else's treasure as well?

-  Ending too Big to Fail Bailouts.  Really?  Once you get beyond a few lines stolen from the Tea Party, you find a morass of contradictory provisions that do little to forestall bailout nation and completely ignores the elephant in the room.

In reality, almost all the TARP money that went to banks was paid back soon thereafter, and most banks never wanted it in the first place.  Who was actually bailed out  to the tune of hundreds of billions?  Fannie Mae and Freddie Mac.  Does this bill have anything to do with Fannie Mae and Freddie Mac?   Nada.  Zippo. Zilch.  There are several dishonest assertions in the bill, but the most disingenuous is the notion that it addresses "too big to fail."    By getting Washington all that more in bed with Wall Street, too big to fail really means:  you're not connected enough to survive.

Then, the bill proposes a series of half-baked attempts to place proprietary trading, derivatives, hedge funds and private equity funds into one big "suspect" class -- as if any of these are even vaguely related in terms of their risk dynamics and appropriateness for deposit institutions.   But don't worry, the Council will sort this out.  How?  When?  Where?  Accountable to Whom?  The whole construct is ludicrous and smacks of desperation to pass anything and sort out the mess later.   Sound familiar?

Does our regulatory regime deserve a makeover?  Yes.  Does it need a blue ribbon panel of experienced former industry luminaries who love their country and their industry?  Maybe.  What about a council of Washington mandarins and careerists?  No.

-  Transparency and Accountability for Derivatives.   At long last, we find a provision in the bill that seems to acknowledge something exists that is called a market.  Revelation.  And perhaps some simple honest policing and transparency would go a long way to making it work better.  Hurrah.  

Putting aside the misguided analysis about the role of derivatives in the financial crisis, transparent, well-policed markets are an admirable goal of this legislation.  If our legislators simply addressed that one element, this would have been a supportable quest.   Not surprisingly, this is a provision with actual bi-partisan support, leaving one to wonder why the rest of the bill goes off on an ideological tangent.

-  Updating the 40 Act to bring in non-registered public investment vehicles (Hedge Funds) and making sure the role of insurance is understood in securities regulation.   Again.  No major problem here, but why not look at the whole regime?  The hedge fund industry grew up because of the sclerotic nature of 60 year old Investment Company rules.   Why not try to understand why the current regulations are so burdensome first?   Then, try an overall fix?   Isn't this what you should be studying?   Isn't this what modernization was supposed to be about?   We need MORE funds available to the public, not just a few Fidelity behemoths.   See earlier point on Sabanes, Oxley and Spitzer.   We need to increase the diversity and activity of equity market participants, not pass rules that stifle the capital markets.

-  Credit Rating Agencies.   Yes.  This is an area that WAS ACTUALLY RELATED to the financial crisis.   Of course, without a market-aware approach, it is far from certain that any outcome of this legislation will be positive.  The idea of a government actor picking which agencies should provide ratings strikes me as inherently flawed.   The reality is that money has to come from somewhere to do the work of rating, and this bill's sop to the plaintiff bar will only increase the cost of research and likely lower its utility.  In previous writings, I have proposed something similar to what the National Research Exchange got approved -- a private clearinghouse that handles settlement and establishes mechanisms to avoid conflicts.   These are the kinds of measures that could readily get true bi-partisan support and are truly needed changes.   Why not focus the legislation on these things?   Why bring in the trial lawyers?   Why not encourage multiple rating agencies and let smart, institutional investors make their decisions based upon reputation and track record?  Again, go ask your mother.

-  Executive Compensation and Corporate Governance.   Based on nothing more than Paul Krugmanesque Pablum, this bill seeks to federalize state corporate law.   I have many issues with state corporate law, but this bill is not the time or place to address these issues.   Perhaps a commission on best practices or model codes.  Ironically, the anti-shareholder bias of corporate laws coming out of the First New Deal produced the perverse, pro-management incentives we have today.  I'm all for strengthening shareholders rights, but these same liberals are jumping up and down about corporate takeovers and want to put private equity and leveraged finance (two major friends of shareholders) into the penalty box.   This is an example of the kind of confusion and contradiction that is littered throughout the bill.  On the one hand, class warfare rhetoric and a criminalize business and finance mentality borne of envy and ignorance.   On the other hand, a few long overdue, but misplaced, changes.   Very. Bizarre. Indeed.

-  SEC improvements.   Ha!   This band of miscreants bring up Madoff, who was a major contributor to all their campaigns.  The changes suggested are hardly objectionable, but the short shrift they give to the SEC is indicative of the fact (a) they do not trust markets and (b) traditional "Wall Street" had a lot less to do with the crash than the committee reports own rhetoric suggests. This bill envisions a non-market, cryptic uber-Regulator, such as the Federal Reserve, to overlord over all institutions (see below).  So much more irony I can hardly take it.

-  Securitization.   Again, more grating "spin" about companies "selling mortgages to people they knew could not affort to pay them".  Excuse me !!!   Wasn't that the point of all the affordable housing mandates the government trafficked in?  And what about personal responsibility that the majority pretends to talk about now?   I dumped my last bonus in to pay down part of my mortgage instead of going on vacations, etc.   My neighbor got a principal readjustment and then took off for two weeks to Florida.  Why don't you ring up all the behavioral economists and ask them about that "nudge".    As for the skin in the game rules, they are not on the face objectionable, but shouldn't institutional investors police this?   Shouldn't the market just price up pure agented deals?   Again, this is another half-arsed example of a junior staffer that read an article in some weekly news magazine and thought why not?   No research.  No thought.   No discipline.  No considered viewpoint.   Just a probably dumb idea, we have to live with for the next several decades.

-  Municipal Securities.   Fair enough.  Even a broken clock is right twice a day, and maybe this is one of those times.

-  Strengthening the Federal Reserve.  This reads like some inside baseball.  Or settling some old scores.   Tough to tell.  The job of the federal reserve in my view is currency.  Period.  The fed should be subject to full audit.  Period.   While it is apparent that the $1T purchase of long-dated securities by the Fed in February 2009 accomplished what an ill-conceived TARP could not -- monetize the Fannie / Freddie mess -- we will live to regret the day the Fed believes its new found power should be permanent.  With the collapse of the Euro, we now have a Fed that believes monetizing debt might be a palatable solution.  In general, this bill heads us in the wrong direction.

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