Posts Tagged: Congress


1
May 11

Business as Usual?

In Economics and the Welfare State: Oil and Water we discussed the flaws of current economic policy.  The Federal Reserve continues zero interest rates and quantitative easing in hopes of controlling interest rates, the stock market and re-igniting inflation.  The Administration and Congress are locked in a meaningless battle over the debt ceiling and budget cuts.  We are in a morass.  Where did we go wrong?

The Failure of the Two Party System

The current budget and debt ceiling debate demonstrate the intellectual bankruptcy of the two party system.   We are saddled with an annual federal budget deficit of $1.6t.  We can only expect this number to increase.  Congress and the Administration have agreed on a deficit reduction of $38 billion which in reality may be a reduction of an even more paltry $353m.  See $38 Billion in Cuts? Make that $353 Million.

While Americans believe there are major differences between the parties, is there really a large ideological divide on economic matters between Democrats and Republicans, liberals and conservatives?   A close analysis reveals little difference.  And they both close ranks in support of the Central Welfare State.  Wittingly or not, both parties have weakened regulatory oversight.  Both parties participate in bureaucratic fiefdoms immune from budget cuts.

Thus, we see support for:

  • Dysfunctional health care
  • Medicare
  • Defense spending
  • Foreign military adventures
  • A tax code laced with corporate loopholes
  • Social security
  • Crony capitalism where losses from the financial system are transferred to the public

See Paradoxes at the Heart of the Conservative Project, Paradoxes at the Heart of the Progressive Project.

The Pernicious Federal Reserve

For almost three years, Fed policies have had a deleterious effect on the economy.  Every few weeks a Fed spokesperson announces while there are signs of economic growth, it is too soon to raise interest rates or end quantitative easing.  See, e.g., Bernanke Sees Economic Growth Through 2013, Fed’s Yellen Says Economy’s Improvements Don’t Warrant Exit from Stimulus.

Perhaps the Federal Reserve’s continuous support for the economy through its easy money policy is the cause, not a consequence, of the economy’s weakness.  The Fed has created a dangerous co-dependency.  Analogizing the Federal Reserve’s pathological support of the economy to patients on a ventilator, Brian Pretti found:

…the fact is that the longer a patient remained on a ventilator, the greater the chances they would not be able to be weaned off of the machine.  The body “learns” not to breathe on its own after a period of time.  Essentially a patient would pass a critical window of recovery weaning period opportunity.

Pretti uses the example of the Japanese economy:

…this analogy is incredibly apt in terms of describing the reality of the sovereign debt fiscal trap.  The longer Japan has been on the artificial zero interest rate “breathing machine” over the last decade plus, the harder it has become to wean itself off.  Although I could spend an entire discussion on Japan alone, I personally believe Japan has already passed the critical “weaning period” demarcation line for zero bound interest rate/monetary policy.  We’re Just Gonna Inflate Our Way Out of It?…Oh Really?

Current Federal Reserve policy is mirroring the actions of the Japanese central bank.

We Need New Policies

We cannot sustain the current economic path. David Stockman, in a CNN interview with Elliott Spitzer, laid out simple, workable solutions.   We must enact budget cuts and increase tax revenues.   We must significantly cut the defense budget and civilian entitlement programs.  The Bush era tax cuts need to end.

http://money.cnn.com/video/news/2011/04/12/n_stockman_0412.cnnmoney/

Stockman is advocating what I have advocated before: shared sacrifice.  In his words, the “wolf is at the door.”

Failure of Business as Usual

Continuing business as usual will result in a financial crisis many times the magnitude of 2008.  We need to cut deficits, raise taxes, end Federal Reserve intervention and end profligate Congressional and Administration spending.  We need to give this sick patient, the economy, a chance to breathe… before it suffocates.

 

 

 

 

 

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9
Feb 10

Ask Your Congressional Representative to Do Nothing

Every 12-step program has an initial confession, a moment of recognition.  Here’s one: I am a lawyer and I do not know the law.  I have practiced law for more than 35 years, fulfilled continuing legal education requirements and kept up with the daily reporters.  Yet I do not know the law and would venture there is no lawyer who completely knows the law.  Shocking!

Why No One Knows the Law

The law has made itself unknowable.  How did we get to such a place?  There are 50 titles in the United States Code, the official compilation of federal law.  Each title has coordinate regulations compiled in the Code of Federal Regulations.  The tax laws are in Title 26:

If you go to the US Government Printing Office (www.gpo.gov ), you can order a complete set of Title 26 of the US Code of Federal Regulations (that’s the part written by the IRS), all twenty volumes of it, at the bargain price of $974, shipping included.

According to the US Government Printing Office, it’s 13,458 pages in total. The full text of Title 26 of the United States Code (the part written by Congress–available for an additional $179) is a mere 3,387 printed pages, bringing the adjusted gross page count to 16,845. [Statistics as of 2006].

Remember this is one title among 49 others.

An attorney can master small sections or even subsections of the law, but never all the law. Since we live in a federal system, such an aspiring attorney would have to master not only federal law, but also state statutes and regulations.

From day one of law school, a basic principle is hammered home: ignorance of the law is not a defense to a criminal offense.  Thus, we live with the ultimate paradox:  the least schooled of our citizens are charged with complete knowledge of the law, a task that is unattainable even by the most skilled legal practitioners.

Where Laws Come From

Laws emanate from the talented quills of our elected representatives.  Taft and Hartley (labor laws), Sarbanes and Oxley (corporate governance), Glass and Steagall (banking), Smoot and Hawley (tariffs) were all elected representatives.  Congressional representatives demonstrate their worth by identifying a societal wrong that cries for redress. Then they form a coalition to pass legislation.  Often campaign contributions from interested parties find their way to the sponsoring legislator. Immortality awaits these legislators.

Once a law is passed, administrative agencies create regulations to interpret.   Regulations can run many times the length of the law.  Moreover, they have the force of law and in some instances carry criminal penalties for an infraction.

Laws Have a Cost

A law is a hidden tax.  When passed, the simplest of laws require legal analysis, interpretive regulations and a compliance program.  These functions are performed by highly paid professionals. Following the momentary drama and satisfaction of bill passage, these long term costs begin.  Newly passed laws may conflict with existing laws, leading to uncertainty and then an inevitable clarifying court challenge.  Ultimately, these costs are passed along to the consuming citizenry.

What to Do

A modest proposal: we should elect Congressional representatives who promise NOT to pass laws.  Even better would be elected representatives who promise to repeal the most harmful ones.

More seriously, we need   to overhaul and simplify our legal codes.  Society needs basic safeguards, but we have far exceeded that standard. Every problem in society does not require the passage of a law.  Perhaps what we really need is greater trust and a renewed sense of shared responsibility and sacrifice.   Then we would need fewer laws.

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