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Good News Dallas
The Regulation Blues PDF Print E-mail
by Bill Murchison    Tue, Apr 1, 2008, 12:02 PM

The emerging theme is regulation, as in don't-we-need-more-of-it?    Democrats certainly think we do.   Treasury Secretary  Henry Paulson's plan for overhaul of the regulatory structure for  financial institutions gives Democrats a vested interest in disliking it,  or appearing to anyway,  on account of its birthplace -- the Bush administration.

As everyone who reads blogs or follows the Democratic presidential contest knows, one of the biggest raps on Bush-ism is the administration's penchant, not for regulation of the ecoonomy but actually  for -- cover your eyes, children -- de-regulation.  Defined as the crumpling up of government oversight powers, to the benefit of speculators and other grabby rich people.

The credit/subprime mortgage mess, matrix for the plan that Paulson delivered Monday, is the kind of mess you hope you don't have in a presidential year.  That's because seekers of high office, or those who back particular seekers,  incline to  muscle-flexing in the face of challenge.  A robust reputation for crisis-handling is supposed to strengthen an office-seeker' s credentials.

No shrinking-violet measures will do!   Shake 'em up, grab soneone by the scruff of the neck -- that's the ticket.  Regulate, regulate!    For instance,  Hillary Clinton wants to freeze home foreclosures and cap credit card interest at 20 perrcent.  Barack Obama, who believes that "government has an active role to play,"  delivered himself last weekend of a detailed proposal for, among other things,  "stabilizing macroeconomic and financial conditions for sustained growth" and "ensuring fair competition in the marketplace."  Oh, yeah?   "Sustained growth " meaning what exactly?   "Fair competition" defined as...?

Paulson himself, of course, is on a regulatory roll.  Some things clearly need shaking up. Which things?  To what degreee?  With what consequences for general prosperity and the encouragement of risk-taking and innovation?

The laying down of a few markers would seem at this early stage an essential idea.  This marker, for instance:  Politicians should watch their demonstrated tendency to do too much rather than too little.   It's the nature of political poker.  You see  a remedial plan, and you raise.  Where's the credit, after all, in merely acceding to someone else's plan?

A second marker: Regulation is going to hurt as well as help.   Government regulation tells people what they can't, as opposed to shouldn't,. do.  What if  government gets it wrong?   What if some of the things that investors aren't,  according to regulatory law, supposed to do,  in fact need doing for the economy"s general advantage, not just the advantage of the stock villains and buffoons the media see as standing for Wall Street?

A third marker: Where does the government -- any government -- get the competence to figure out the future: what will work, what won't, and why?  It was the French government, one mustn't forget, that came up with the priceless notion of defending the motherland through erecting an impenetrable line of forts the Nazis overwhelmed by simply outflanking them.   Risk-takers, not deskbound bureaucrats,  understand, and sway, the future.

If men were angels, Madison noted, we wouldn't need government.  Well, men aren't angels.  Charlatans and sharpers, not to mention fools, walk among us.  The laissez-faire approach to economics, however commendable as pure economics (and it's pretty commendable in that sense),  won't work in a world populated by the descendants of Adam and Eve. By people, in other words.    Five minutes after the most  idealistic spirits in the world instituted economic and political anarchy, we'd all be cutting each other's throats.

So: government,  yes.  But no more of it than we absolutely have to  have to get by.   The best formula for moving the economy back on track and keeping it there in this challenging time  is one that celebrates freedom and innovation and the taking of risks and the reaping of rewards,   as opposed to a formuila that celebrates bureaucratic suffocation and stultification.

aDon't you agree, Sen. Obama?   Sen. Clinton?  Ah,  you don't entirely?   Well  -- maybe that's the "conversation" we all should be having.right now, at top volume.

Comments (15)add comment
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written by Paul Barnes , April 01, 2008

Regulate industry? What a horrible concept - just ask those dead coal miners in Utah. Or those dead heart patients who used contaminated heparin. Or the lucky fliers of Southwest and American Airlines which avoided safety inspections by the FAA. Or children playing with lead-painted toys and eating school lunches made from the meat of downer cows. Or children and asthma patients who breathe North Texas air. Nope, no need for regulation at all.


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written by Brown Bess , April 01, 2008

Yep. This is exactly why Mr. Murchison is as relevant today as Jiffy Pop Popcorn.


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written by Old Red , April 01, 2008

Republicans love to complain about regulatory agencies and their "unconstitutional" authority, until they gain control over the whole government and have a chance to actually do something about them. Then it is business as usual, more power and funds voted for those same agencies, and in the process creating even more.

And they wonder why they are being voted out of office in election after election.



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written by John Murrey , April 01, 2008

So one lost election is a string? Look there is a definite place for regulation in the business world. But over regulation takes control out of both entrepanuers and investors hands and gives it to (usually) bloated beauracracies who have little to no competance in the field. To top that off, over regulation creates a heavy financial burden on small business leading to the "evil" conglomerates our friends on the left so love to denigrate, as well as seeing that cost passed onto the consumer. In reality we're paying two extra taxes because of over-regulation: one to pay for all the staff to deal with it and a second on the cost of the business staff to deal with the first staff and their regulations. Elimination of regulatory bodies or functions isn't the answer, neither is an expansion of those bodies. Encouraging investment in our economy and leaving more money in the individual citizen's hands to invest, save or spend as they see fit is.


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written by equalitynotrevenge , April 01, 2008

Mr. M you lose a lot of credibility when you blame only half of the suspects.

The GOP is even worse, more dupliticous as they are the ones who claim to be anti -socialism/regulation then as Old Red pointed out, get in and do the same thing but for their causes as opposed to the Dems and their pet projects.

The only way to defeat the Anti -American contingent is to call ALL OF THEM OUT



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written by Bob Reagan , April 01, 2008

Hasn’t anyone here (other than Mr. Murchison, perhaps) heard of Regulatory Capture? I cannot believe anyone could have taken a course in economic and remained ignorant of the phenomenon. The beneficiary of regulation is almost always the regulated industry. Among other things, regulation discourages entry into the marketplace by upstarts who might foster change, more competition, and better products and services. Regulation is to the benefit of those already entrenched in an industry. You might recall that those who screamed the loudest in opposition to the airline deregulation in the late ‘70s, were – no surprise – the airlines.

By the way, the prize for disingenuousness goes to Mr. Barnes. Not one single passenger on American Airlines or Southwest was injured as a result of the recent safety inspection “failures.” Most of these problems were bureaucratic paperwork exercises, and, anyway, they were self-discovered and reported. Southwest has the best safety record of any airline.

As for the sub-prime lenders and borrowers, the lenders took a risk they should have been well aware of. The borrowers got a good deals they couldn’t have negotiated otherwise. The vast majority of the sub-prime borrowers are managing to pay their loans timely. The government, meaning the taxpayers like you and me, should let the lenders and borrowers who screwed up suffer the results of their follies.



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written by John Murrey , April 01, 2008

There is no doubt that the current administration and members of congress on both sides have failed miserably to address the concerns Mr. Murchison raises. To not accurately account for the Republican failures there too would be hypocritical. But as a whole it is far more accurate to say that Democratic proposals on regulation, government expansion and taxation would be far more harmful to our economy and the growth of capital in America than those on the Republican side.

People like Sen. DeMint have the right idea. Tightening of the regulation systems through more efficent structures and better written legislation (both in regards to regulatory power and statutory regulations) as well as trimming the size of most government organizations (with accompaning tax cuts/systems) would lead to a far more effective stimulus to the national economy. It would both encourage native and foreign investments in the U.S. as well as letting businesses focus on business rather than red tape.

Still, the point that Republicans over the last eight years have contributed heavily to the problem is well taken and a major reason why they lost the 2006 election cycle. Conservatives stayed home out of disgust over how little impact they have had in reigning in wasteful (key word) regulation and government growth. Tax cuts are wonderful but if you use the extra revenue that came in from the economic gain they created on a bigger government and more regulation than you just cancelled yourself out.



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written by Paul Barnes , April 01, 2008

Sorry, Mr. Reagan, but I find the fact that the FAA and Southwest Airlines falsified reports as to safety compliance rather disturbing. I do not mind government regulation to assure our citizens a reasonable amount of safety when it comes to public transportation, the food we eat, the water we drink and the air we breathe. As to reigning in the unregulated mortagage lending industry, it looks like the train has already left the station.


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written by Paul Barnes , April 01, 2008

Whoops, I meant reining in.


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written by John Murrey , April 01, 2008

Working with the Mortgage industry daily (as a Real Estate Agent) I can tell you that in that case minimal regulations were there but were basically ignored or circumvented and once one group started others raced to catch up to stay competitive. Unfortunately too many people got bad advice from nearly everyone in those industries and bought to the maximum level possible (as we all tend to do) instead of being prudent and thinking of it as both a home and an investment. The problem now is that much of the available investment cash is caught up in bad loans and leaves people in those situations creating more debt with credit cards and increasing the debt circle with other companies buying the debt (or debt-switching) at a lower price. It creates a horrible problem where if we leave the people to go under it strikes at a huge portion of our economy as for the vast majority of home owning Americans 60% of their wealth may be tied up in their home (NAR Statistics). Tough situation all around.


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written by ElHombre , April 02, 2008

A quick history of the present crisis. Written due to the fact that this editorial is the first thing that Dallasblog has written about the crisis in weeks (Any reason for that? Y'all have been silent about the Iraqi crisis, too):

1) Rs (supported by the banking industries) sucessfully push for massive deregulation, claiming the industry will magically 'self-regulate'. This overturns several Great Depression-era laws.

2) The industry loses no time gaming the system, creating a crisis very similar to the one that caused the Great Depression that the regulations were designed to prevent.

3) The US gov't now has to spend billions of taxpayer dollars bailing these companies out due to their being 'too big to fail'. I.E.: business welfare.

4) The Bush admin unveills plans that amount to little more than a reorganized post-deregulation staus quo.

5) Critics note that this plan won't prevent the next fiancial crisis.

6)Bill Murchison engages in his latest episode of conservative cognitive dissonance.



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written by equaltiynotrevenge , April 02, 2008

Mr Barnes,

regulation DOESNT NOT INSURE anything but more payoffs/bribes to lawmakers to insure favorable treatment.

Laws are already in place for punishing those that cause harm to others.






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written by Old Red , April 02, 2008

It is always ironic to read attacks on the very existence of regulations posted people directly benefitting from those regulations. It is almost like they think their water is too clean, their air is too pure, their power supply too dependable, their police too honest, their investments too secure and the products they use too safe.

But if they should fall victim to food poisoning or a defective product or an investment swindle just watch how quickly THEY ask where the regulators were and why wasn't this prevented and we need regulations to deal with this....




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written by Richard Sheridan , April 03, 2008

CELEBRATE FREEDOM???!!!

I quote you...

"...as opposed to a formuila that celebrates bureaucratic suffocation and stultification."

What about our Constitutional government protecting We the People from all enemies foreign and domestic?

Is there a National Security Crisis caused by the price of oil?

When we look at the price of oil, the price of home electricity, the foreclosures, the Iraq war, the immigration situation, health care, the banking/financial situation, pornography, the shrinking middle class, the growing poor, CAN WE HONESTLY SAY THAT OUR FEDERAL GOVERNMENT IS SERVING ITS LEGAL RESPONSIBILITY TO PROTECT WE THE PEOPLE FROM ALL ENEMIES FOREIGN AND DOMESTIC?

Tim Russert recently interviewed U. S. Congressman Ron Paul who is still running for President. Russert asked Paul if the U. S. was becoming a Fascist country. Ron Paul responded with a clear yes.

FASCISM IS WHAT'S CAUSING THE INCREASING PRICE OF OIL, THE INCREASING PRICE OF EVERYTHING, AND OUR NATIONAL SECURITY CRISIS. ARE WE A SECURE NATION INTERNALLY? THOSE THAT DON'T KNOW, OR WHO ANSWER YES ARE TOTALLY DELUDED, MIND CONTROLLED, OR JUST IN THEIR OWN COMFORT ZONE.

Are the energy companies acting in the interests of the American public? The same question goes for all the other corporations...health, financial, drug, etc. MOST MAJOR CORPORATIONS COULDN'T GIVE A DAMN ABOUT THE AMERICAN PUBLIC. TODAY'S ECONOMY, AND CORPORATE MENTALITY IS ABOUT MAXIMIZING PROFITS BY MAXIMIZING HUMAN SUFFERING.

On RADIO STATION KLIF today Jon David Wells stated that WE THE PEOPLE, through our government, must build refineries and go in competition with the big oil companies. I'll go further. WE MUST NATIONALIZE THE ENERGY INDUSTRY, INCLUDING ALL OIL AND NATURAL GAS FIELDS, ANS ALL REFINERIES FOR THE NATIONAL SECURITY OF THE UNITED STATES.






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written by equaltiynotrevenge , April 03, 2008

Regulations DO NOT keep water clean or your food clean.
If they did, then the over regulated market would never have known of the e-coli or drugs in the water etc issues.

But the following help us going in the right direction.

1)People that care about their jobs

2) Laws, not regulations that are already on the books, being enforced

3)public officals being treated like "regular citizens" where they can be held civilly and/or criminally liable for their mistakes

So while no plan is going to keep us 100% protected, we should be at least on the path of what America is about, freedom from the government.




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