The Constitutional Moment Arrives


Ian Welsh has a very sensible mortgage bail out proposal. Essentially it is a cram down of the mortgages that are troubled. However, it is still the beginning of the problem, the problem is a contraction of the money supply leading into a recession. The key numbers are the no longer published M3, which represents the broadest claim on future resources, and the broadest range of liquidity, and MZM, or Money to Zero Maturity, which is the immediately available currency at par value, basically M2 with CDs and money market funds removed. These numbers tell a very simple story. MZM says that we have just passed through a recession, because MZM tends to spike up during or near recessions. It has flattened out now. M3 shows a rapid run up, and then a rapid fall. This is the source of the rapid intensification of the crisis.

What happened was this: the Fed did a first round of bail outs early, and then stood pat. This was a bad idea, everyone who was paying attention knew that more bail out was needed, but the massive hit of liquidity without restriction poured into resources, the poster child of which was oil, and the federal undirected stimulus bill, made sure that the economy revved up for one last round of inflationary growth. This is why the economy improved a bit during July, because of an almost Carteresque willingness to ignore inflation.

The key question is this: the American tax payers just bought the banking system. We are going to pay, with interest, upwards of three trillion dollars for it. A relative bargain actually. The question is what we are going to do with it now that we own it. Paul Krugman's crush, Ben Bernanke, stood stone faced next to Bush and Paulson as more good money was poured down after bad. Why is it that even liberals have been behind the curve through this crisis?

Ian has started things off by giving us a sensible foreclosure in place plan. Now it is time to follow things up with a plan for a better country. Liberals have pined for a new deal moment, well, it has arrived.

Submitted to Buzzflash, NewsHeat, and reddit

Most of the time politics and economics are about decisions made on the margins. That is small choices where most things are kept the same. Occasionally the basic equilibrium itself is adjusted, and even more occasionally, there are dire threats to the stability of the system. The impulse of policy makers, elected officials, and yes, academic economists, is to praise the actions needed to keep equilibrium in place. In fact liberals are even more prone to do so, because liberalism has a greater awareness of just how many threats to the basic equilibrium there are, and how there is no internal tendency for the economy to right itself at the highest possible level of economic activity. Or, liberals praise preventing things from going to hell in a bucket, because they are aware of the fact that hell is a good deal closer than than it appears.

However occasionally there is no road back to equilibrium, because more promises have been made than can be kept. One solution to such situations is a war, which is like bankruptcy for a nation.

This happens because wealth is not a property of physics, it requires economic activity to maintain wealth. Houses, slaves, gold, money, equipment - none hold value without other activities. The upkeep of wealth, in itself, is a drain on the economy. However, without wealth, there is no economic activity at all. Thus all economies exist at a knife edge, because having acquired wealth, those who have it desire nothing more than it's continuance. Having its continuance, they begin to believe that others should pay the upkeep for their wealth. Thus the obsession with aristocracies is to be tax exempt, and to create an ideology that does two things: rationalizes why wealth is an inherent property, and therefore the duty of society to maintain at common expense, and why they are superior to others, and hence deserve the wealth they have.

In our own time this twin role was filled by libertarianism. Libertarianism was a pseudo-ideology. It wasn't in fact a coherent theory of the world, nor was it ever intended to be. Instead it was a way of creating an excuse for social liberals to vote against their own economic interests, and a cover for social conservatives to vote against everyone else's economic interests. Libertarianism simultaneously offered an explanation as to why the people who were successful deserved their wealth, and why they should not have to contribute to society at all for its continuance.

This is hardly the first time a pseudo-ideology has been used to convince people on the very peripheries of privilege to support a system.

-:-

One of the crucial moments of the New Deal was one which occurred before FDR was in office. He was offered, by Hoover, a chance to wield the powers of the Presidency early, if, and only if, he renounced the "so-called New Deal." For those who forget how radical even the outlines of the idea were, it has to be reminded that FDR had only two hard promises, other than the repeal of prohibition. The first was relentless experimentation, the second was some form of social insurance. Everything else, was on the table. FDR replied that he was still a private citizen, and would assume the duties of office at the constitutionally appointed time.

That is to say, FDR invited Herbert Hoover to engage in political auto-fornication. Now this is one of the most hard minded decisions that could have been made. It is absolutely true that some people who lost everything in the intervening months would have been temporarily spared had FDR accepted the agreement. It is also clear that millions more would have suffered far worse. FDR, as much as he would be the architect, or at least General Contractor, for the liberal state in America, was also willing to break eggs to make an omelet.

It is precisely this willingness to take short term losses, to not be held hostage by a mad man, that made FDR able to see through the project to its conclusion.

Similarly, Lincoln, thought more moderate on slavery than other Republicans, stiffened his back at the "Crittenden Compromise" which would have made slavery permanent through amendments to the US Constitution which could not be repealed. Again, the willingness to defend a line in the sand on principle helped precipitate the crisis, but gave hope to it's better resolution. By the time he expressed a willingness to have the Corwin Amendment passed, and transmitted the text of the amendment to the states, including those that had voted to secede, the die was already cast.

These were both moments were the previous equilibrium could not be maintained. More promises had been made than could be kept.

We are now at a similar moment in history.

-:-

It is customary in these neo-monarchist times for private citizens hoping to wield some influence with a political figure to engage in the obsequiousness which sovereigns demand from subjects. It is a custom that I set aside, simply because every political leader is surrounded by a gaggle of people who coo nothing but unmeasured praise into the ears of the source of their gravy train. To be blunt: Barack Obama has been, here to fore, the weakest of candidates, pretending repeatedly that he would come to office with freedom of action to be a reborn Ronald Reagan. It is clear, to anyone who can count, that with trillions spent - adding this one trillion to the FDIC being nearly broke, the Fed filled with garbage debt on its balance sheet, the government farther in debt than official figures cite, and a huge off budget military commitment required regardless of policy - that the nonsense floating in the campaign bore no relation to reality - and further, it was a dangerous unreality.

What has been stripped bare is the delusions that the last 8 years did not happen. What has been stripped bare is the deceit of what has been called "big government conservatism" by one of it's supporters. A nation cannot have an unregulated free market, and yet run massive deficits to pay for distorting economic activity. Libertarianism is, and always has been, a wholly owned subsidiary of the far Hooverite wing of the Republican Party.

It is the sort of moment where executives are made or unmade. It is also the moment where their own underlying theory of government is made manifest. In the case of FDR's refusal of Hoover, it was a belief that simultaneously in both formalism and freedom. In Lincoln's case, it was a bend but do not break morality. Each future executive showed a care in defending the core of his freedom of action. Each executive drew the line at restrictions on how the future should be allocated.

To understand this moment, it is important to understand that it is not, mostly, a financial, physical, or theoretical crisis. It is a political crisis. It took no new economic formalism to foresee the use of revenue reductions to bail out the dot com bubble, devaluation to pay for those reductions and a war, a flaw in inflation accounting used to create a secondary bubble in real estate. Ordinary macroëconomic theory was quite capable of showing how each of these pieces fit together. Ordinary macroëconomic theory was quite capable of predicting the outcome. One could, in fact, build an almost bullet proof case against George W. Bush's economic plans, just by quoting Bernanke, Greenspan, and Mankiw.

While some improvements in mesöeconomic theory would allow people to see how monetary policy's supposed superiority to fiscal policy is illusory, since monetary policy comes attached, as is now abundantly clear, to fiscal and regulatory policy which means that it is never seen in the wild in the form predicted by open currency macroëconomics, this would not have been necessary to prevent what happened. It was well understood that Bush's fiscal and monetary policy regime was a catastrophe in the making, and only a unison fear of stating the obvious prevented people from saying it. Nothing is harder than telling people rolling in fake money, that it only gets dirtier the more they do it.

The problem is political. Having a sensible fiscal regime half the time, and the other half a criminal plundering of the treasury under corrupt cronyism, is not sustainable. The political problem is a vicious circle. With each failure to hold those in power accountable, they grow wealthier, and thus harder to ignore in the body politic. The malefactors of great wealth are not only too big to fail, they are too rich to prosecute. And with each failure to prosecute, they grow richer. Name one high official of this administration that will see the inside of a prison cell. Are the CEOs of the failed banks going to spend the rest of their days lighting cheap gas stoves with matches begged from the corner store? I think not.

While a better economic theory is needed, and would point the obvious way out of this crisis, no economic theory will suffice if the underlying political infirmity is not addressed.

What then is the source of this crisis? It is relatively simple. The United States has an economy which uses the development of land as the basis for money. At the time this system was created, America had unexploited oil reserves, unexploited land, and untouched reserves of labor and capital. The trick was to convert raw oil and land, into demand that would turn the factories. This, in turn, meant creating an incentive for those who ran the factories, and the ability to direct the national effort.

In the 1970's we reached the limits of domestic oil production. The liberal movement was unable to create a different direction, and America entered a neo-conservative era, whose mandate was to keep the land casino churning, regardless of how. This led to the creation of the paper for oil economy. The trick being to constantly create new ways of inflating paper, to buy oil. This process could have continued for sometime longer had America and Americans been more prudent. They were not. Instead all was staked on a single throw, to get the oil back.

The pressure of the paper for oil economy was to make it so that strategic acquisition of key assets was just beyond the reach of the oil states, and later, the mercantile states. Only Japan and Saudi Arabia ever were serious threats to do this. The Bush era used mortgage backed paper, and federal debt. The meltdown of mortgage backed paper, however, is not beyond the ability of the world's dollar reserves to buffer. The Chinese, Russians, Saudis and others have plenty of dollars. It is that if they do so, they will, and should get, voting control of the key financial infrastructure of the US and Europe.

The crisis is then how to force the American public to pay for continuing to keep control of the banks, without giving them actual say in running them. Government of the people, but not by the people or for the people. It should be noted that Rep. Barney Frank has recently called on the Fed to be democratized. It is something that has been obviously needed for some time. The answer to this crisis then comes from a political realization, an economic realization, and a social realization.

The economic realization is that the assertion that government doesn't matter is wholly without merit. The various pseudo-arguments, such as the size of government relative to the economy, are errant nonsense, concocted on cocktail napkins as a way of selling pork to the American public. The word fraud is correct here, regardless of how many right wing hacks have places in the academy. This economic realization, builds into a different synthesis of micro- and macro- economics through the lens of strategy and turbulence, that is to say, meso- scale economics.

The political realization is the obvious consequence of this. If government matters, then the American public must both participate in that government, and it is not free to simply choose between which ever two alternatives arrive on their doorstep after labor day.

This means that there is a social realization. The United States cannot, if it wishes to remain a global power, spend trillions in pandering to the neurosis of at the fringe of sanity. Darwin denying genocidal thugs who drive pick up trucks, however much money Fox News makes selling them lies and lubricants, cannot, any longer be regarded as an immutable social wall. I know that politicians must be more diplomatic in saying this, but we really do need to understand that one cannot compromise with crazy.

In fact, directly, Ben Bernanke was hired to make it so that crazy would never be out of money. Crazy, you see, has to capitulate to sanity when crazy has blown all of its money. Bernanke came equipped with an academic pedigree that said that there was always a way out. Bush liked that. Made him Fed Chairman.

Crazy, if it never ran out of money, could then avoid ever having to accept social equality and the liberal society, even though it would have the power of the liberal state. Conservatives could act like communists and spend like monarchists, knowing that should they run out of money, they could simply steal more from the Treasury without consequence. The Democratic Party has been an eager and willing participant in this process, and history will record them as the most willing to participate in lawless evil since the days of the Corwin Amendment. Perhaps, as a gesture to State's Rights and the Southern Hegemony, they could have states ratify this amendment, and thus abolish the 13th, 14th and 15th amendment at a stroke. They've already abolished the repeal of poll taxes.

If this essay seems acid, it is that eight years ago we were told by those who live high and fine, that Bush would govern as a "moderate" from the "center." We were told that Iraq would work out. We were told that the tax cuts would pay for themselves. We were told that housing values would not fall. We have been told over and over again by those whose job it is to capitulate to power to trust power. In each case, from which ever party, power has behaved in the interests of a narrow range of courtiers who existed to suck the money from the figure at the center of their faction.

-:-

The answer to this crisis then is to restore equilibrium. To restore equilibrium means that the future flow of control and activity must balance. There must be enough action to sustain the direction that people have deferred consumption for. This means the problem with the global economy is extremely simple: there is too much fake money bidding up control, and that fake money is now entangled with real activity. The rich have grown so rich that they are able to trivially consume far more than everyone else. The rich did not used to be a significant burden. They largely flew on the same planes as everyone else, and while they could cut to the front of the line for resources, they could not drag down the whole of society. These two factors, that there is not enough activity to pay for the control which has been promised, and the global elite are consuming, in no small part because of the cost of their propaganda machines, more than can be sustained, lead to a very simple description of the problem:

Lack of investment supply. Investment demand is money looking for returns. Investment supply is the stream of businesses that can improve the total sum of happiness at a rate that can pay for the capital that they use. There is plenty of investment demand. While demand creates those who seek to fill it, it does not create supply. Just because you pay for it, does not mean you are going to get it.

This can be seen by the spiraling cost of a risk adjusted dollar of earnings. It can also be seen in the capsizing of the remaining areas of profitability.

It is this, and not the much maligned free trade of the reactionary protectionist that is the core problem. On the contrary, we have had the most protectionist policies imaginable in the last 8 years, with all of the effort and growth in the American economy coming from non-tradeable activity. Housing. Health care. homeland Security. War. Indeed the tax breaks given to mortgages and housing made it far more attractive to invest in non-tradables. People fled competitive trade, and entered safer non-trade. Since non-trade burn more oil, but created no new export to pay for it, there was debt. Regardless of what fiscal or economic regime, the means themselves, whether CDOs, derivs or something else, would have been secondary. What was important was loaning the revenue stream from non-tradeables.

However, this mean that with each iteration, fiscal and monetary stimulus become less effective, and more inflationary. It was precisely the same problem that led to the 1970's only with wages. Each rise in wages led to more oil demand, which led to more inflation. Each rise in debt met with a rise in oil prices as a response. Oil was the one tax people had to pay.

-:-

So there it is, the solution is to restore equilibrium by creating a flow of investment. However, the brute force ways that people want to do this are not going to work. Consider for example "energy independence." Now if it were profitable to do this, then 140 dollar a barrel oil would have had investors lining up to do it. No such investors lined up, because energy independence means spew more carbon into the air, and the people doing this know they are going to do it any way. While energy independence can be used to extort a few drilling rights and build a few nuclear reactors, it does not generate a single bit of human happiness that would not have otherwise have happened.

Consider another, protectionism. Which will be met with protectionism in turn, and hence less exports, and even more pressure. At a certain point those outside will be tired of not being able to buy anything, and they will dump dollars. The result will be chronic high inflation here.

The answer in the very short term is to expand deposit insurance to cover all brokerage accounts and financial instruments, where ever the brokerage is based, as the price for access to the financial system. People already pay high mutual fund fees, the objective is to take a share of these fees that are currently going to put brass on door knobs, and make them into revenue. Step one is to globalize the function of the FDIC, which can be done through the IMF.

The second step is to impose a Pigou-Tobin tax on currency exchanges. Basically, any time someone changes currency X into currency Y, he has to pay the difference in their relative carbon foot prints. Go from high carbon to low carbon, pay less, go from low carbon to high carbon, pay more. It will mean that Japan will look better relative to the rest of the world, except their exports will count heavily against them, exports to high carbon being carbon. The design of this can be back figured from the sums needed.

Put all of the debt from Bush into a fund that will be paid by this revenue stream. Take on liquidation of high carbon activities in the US. For example Samuelson's renewal of the calls to buy junkers and take them off the road for scrap.

They key is to avoid being saddled with the debt, and leaving the same bums in charge. It's really that simple. That's why the Village is all fuzzy for the RTC all of a sudden: the consumer takes the shaft, and the people who crashed the sports car walk away scott free.

This is Obama's Presidential moment. If like FDR and Lincoln he torpedoes an unacceptable deal imposed on him by an outgoing order that wants to get everything in return for not knocking over the apple cart, then he has a chance at greatness. Otherwise he's just another janitor in the elephant parade, who will be, perhaps, well remembered by the people who do solve the problem, simply because they will need to well remember a few people as part of what they do.

His campaign option is simple: this bail out, if passed is toxic to the American public. People who have not seen a raise in 8 years, who are upside down in their homes, who are going to get laid off from some of the few good jobs streams left, who are in industries not being bailed out, are all going to be united in seeing this as what it is: odious frat boy socialism. If Obama wants to right flank the Republicans, then here is also his chance. He can present himself as a Main Street Republican at heart, as FDR often did, saying that the people who got to play, must now pay, and that personal responsibility attaches to great wealth.

So here it is Obama people, your guy wanted a defining moment. Today and tomorrow are it. The rest of us won't know how it went until much later, except we will see pretty quickly whether the bailout saddles us with the toxic waste, and gives us nothing in return. If this is the case, Obama will be a failed President before he even takes office, and we have to do this all over again, starting from 1992 and running through at least 2004, when the American public had a chance to get off this train wreck before it happened. Thus while there are lots of plans like National Health Care that will save a great deal of money, the reality is the progressive movement needs to answer two questions, really.

1. What promises are the people outside the US going to take in return for not foreclosing on is, because they can by just dumping dollars and raising the price of oil.

2. What mandate are we going to have that will allow us to tax those same people in order to make it so that the control of the world economy doesn't move to Dubai.

Everything else is merely an elaboration of your answer to these two questions.

Today's task is to raise a hue and cry to prevent a Republican Toxic Corporation from being formed. The "bad bank" idea is a bad idea. The public has to scream, and scream today, that they will not be stuck with this pig, while the people who have been slathering lipstick on it flee. That's really simple. No bailouts for the bums. Bad banks are bad ideas. Who ever heard of a bank that started out broke?

The rest, there is a great deal of work to do. The test for any plan must be that it will again allow M3 to rise, but sustainably without creating oil inflation. Higher M3 without resource inflation, simple policy test. To do this we must restore the linkage between MZM and M3, again without inflation. That means creating a new stream of value, and that stream of value must have a scalable growth path.


Stirling Newberry September 20, 2008 - 10:10am
( categories: Miscellany )

I haven't had a chance to go through this diary yet, but I wanted to add this about something Stirling brought up previously — the return to national sovereignty economically.

There is a hue and cry being raised globally at the moment condemning the profligacy and irresponsibility of the US in wrecking havoc on the financial system. Clearly, many are thinking today of decoupling from the US to protect themselves in the future. This will inevitably mean a refocus on national sovereignty economically as well as politically.

The "new world (economic) order" envisioned by neoliberal globalists, operating under their aegis, is now on hold as confidence crumbles and anger rises.

tjfxh September 20, 2008 - 9:27am

We need to build a lexicon for international finance. We need some common social reference points.

I suggest a movie about international finance and politics circa 1930 - 1931. People have heard about the market crash in 1929 -- that can safely be left as background.

There are some parallels to today. There was huge international trade and international finance. There was a huge recycling of money at the international level (German reparations to France and England? and then a recylcing of capital (mostly American?) back to German as investment in Germany) for a decade, and various fallout from that. An international financial crisis.

Anyway, there are interesting aspects to the story that I have never figured out. Why did the international gold standard fail? What was the relationship between the head of the Bank of England (Brown? I think that was his name) and the head of the Fed. Some book I read implied that Brown was some sort of swami bedazzling the head of the Fed, with some ill-remembered, but bad, consequence.

There are some irresistable characters lying around. The Dulles boys, with longstanding ties to establishment, were busy recycling the German marks. Maybe the hero of the movie could be some young man working for them.

The love interest would tie that business to some other part of the story. The Fed. The Bank of England. Hoover. Whatever.

Maybe throw in a spy angle, or the plot to overthrow FDR using the retired head of the Marine Corps as front man for rightwing industrialists (if you wanted to set the movie during a later date). Of course, the heroes would have to fail in some manner, in the end, if we are to be true to history.

To make it easier for some screenwriter somewhere, who can offer some outline of events? Cite some sources for further background reading too.

If the entire outline is too much, contribute parts of the outline. We’ll do a stone soup for background history.

Then I’ll shop it to some writers I know. You shop it to writers that you know.

Public opinion must be shaped before the pols will move.

jwp September 20, 2008 - 10:41am

Try out this article "Capitalism is Dead: Now What Do We Do?" on Huff Post by Stephen G. Brant.

http://www.huffingtonpost.com/steven-g-brant/capitalism-is-dead-now-wh_b_127016.html

Numerian September 20, 2008 - 10:43am

does not speak to anyone that does not already agree

also, his knowledge of government contracts is less than zero

Look, two things are needed most

1. a simple narrative that identifies the core problem

2. a set of sophistocated ideas to move things in a better direction

So far, we have neither. At least, in the arena of public debate.

No. 1 should be designed with no. 2 in mind. Also, hopefully, No. 1 should be generally accurate.

jwp September 20, 2008 - 11:26am

There's already a very popular video narrative out there called Money Masters-How International Bankers Gained Control of America.

It's been around quite awhile and has a large following, and very likely contributed significantly to the popularity of Ron Paul's economic critique. (You can bet it is going to get a lot of hits now.)

It's pretty interesting from the technical point of view, too, in that it is low budget and largely a one one man show plus clips, but it's production value is sufficient to pass muster and it communicates its message successfully.

Something like this from the progressive vantage could be put together quite simply and relatively inexpensively.

tjfxh September 20, 2008 - 11:54am

""Really? Is a baby born wanting to fight? Is it born wanting to kill others of its own kind? No, fighting is a learned response," I say in return"

Three words and three more words: Mammalian Stress Reaction. Fight or Flight.

Now to the really stupid comment:

"we need people who understand how to take a culture through a Great Transition"

The people:

"Designers. That's what kind."

What is this? Written by a nut who believes intelligent design? Does not believe in evolution?

System Evolve. Especially Financial Systems. Because no design can possibly account for all the unknown conditions that exist in human finance. Evolution is full of species (investment bankers, for example) that die out, and their ecological niche becomes filled by other species.

We tried a designed financial system. It broke. It was communism.

Synoia September 20, 2008 - 3:01pm

700 billion with no protection for individual mortgage holders!

The Congress can't be that stupid that they'd pass such faulty legislation? (Note the use of a question mark at the end!)

canuck September 20, 2008 - 12:50pm

Sec. 8. Review.

Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.

Zman1527 September 20, 2008 - 1:34pm

Not constitutional. The courts decided that in Hamdan.

Synoia September 20, 2008 - 2:42pm

The Bush administration was practicing unitary executive privileges with its tribunals without congressional approval. Congress can restrict the federal courts' jurisdiction with Article III Section II:

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

It looks like the section Zman quoted exempts the courts. The Democrats' complicity is breathtaking. It's not often Article III Section II is used.

Lesly September 20, 2008 - 3:49pm

Hoping for the lawyers to stop this won't work. The Democratic party leadership consists entirely of lawyers (both Obamas, Biden, both Clintons, Kerry, Kennedy, Gore, both Edwards, on and on and on; virtually all of them are corrupt corporate lawyers, and, of course, millionaires). There's no way they're going to care about if something is illegal or not. If there's money for their corporate buddies they'll do it, hang the law, hang the constitution. Guaranteed. Note that in the nearly two years they've held Congress now they haven't investigated a single thing that the Bushniks have done, or objected to any of the many unconstitutional actions. Why do people think they'll start now?

jonbrown September 20, 2008 - 5:08pm

I'm not holding out hope for the Democratic Party, JonBrown. I told fundraisers not to call again shortly after the last midterm elections; shortly after they reauthorized funding for Iraq.

Complicity aside, Congress can remove jurisdiction from federal courts. Doesn't mean they should.

Lesly September 20, 2008 - 8:37pm

Third, what's probably most amazing of all is the contrast between how gargantuan all of this is and the complete absence of debate or disagreement over what's taking place. It's not just that, as usual, Democrats and Republicans are embracing the same core premises ("this is regrettable but necessary"). It's that there's almost no real discussion of what happened, who is responsible, and what the consequences are. It's basically as though the elite class is getting together and discussing this all in whispers, coordinating their views, and releasing just enough information to keep the stupid masses content and calm.

Saturday Sept. 20, 2008 10:31 EDT
The complete (though ever-changing) elite consensus over the financial collapse

Tina September 20, 2008 - 2:16pm

I sense that this pig is not going to fly.

From what I am hearing and reading, folks are really, really pissed on hearing that they and their children are supposed to pay for this debacle.

Next: torches and pitchforks, or just roll over again, like the Dem congress critters?

tjfxh September 20, 2008 - 3:25pm

Several bloggers - including Badger at missinglinks - have likened the near-panicky briefings held by Paulson/Bernancke for ranking members of Congress on the current financial markets disarray to the climate created by Cheney, Rummie, et al just before Congress was stampeded into passing the AUMF in 2002, which has been since invoked to support virtually every unconstitutional action by Cheney-Bush in its "war on terror". Election-year crises invariably lead to bad legislation, and here, just weeks away from surely what should be a necessary and seminal change in government, Congress is getting the "wolf is at the door" treatment to push through a bill that I wager to say few if any will have had ANY time to satisfactorily sort through both the short-term and long-term implications of such legislation. Yes, no doubt the devil is in the details, but one usually sees that over time the actual details comprise both explicit AND implicit powers residing in such potentially all-encompassing legislative authority as what is being considered for the Treasury, and especially to what extent a overly-broad interpretation of key provisions will be justified in the name of a "national emergency".
Since "9/11", a host of absolutely indefensible laws have been enacted by Congress at the behest of Cheney/Bush, all propelled through under the rubric of "national emergency", and the "bad-debt" nationalisation plan (or, as NYT writer Gretchen Morgenstern calls it, TARP - taxpayer asset rescue plan) is getting the same treatment.
Bad business, all of this.



“les Etats-unis, c’est le seul pays à être passé de la préhistoire à la décadence sans jamais connaitre la civilisation…”...Georges Clemenceau

barrisj redux September 20, 2008 - 2:38pm

The 'shroom cloud with Congress this time was the "certainty" that the financial system would melt down in the next couple of days. Who wants to be responsible for that just before an election. They had the Dems right where they wanted them and had their way with them — no questions asked, or at least not many of them, and none of the right ones.

Apparently the Dems signed on prop bono, with no quid pro quo.

tjfxh September 20, 2008 - 3:29pm

but we don't have time to be disgusted

I have two questions

1. would this 700 billion down the rathole even work?

if not, why not

2. what is the two-sentence proposed alternative?

Need some blunt, simple message that would address the current emergency, and be at least marginally better than what Bush is proposing

time is short. need a slogan like a life raft

jwp September 20, 2008 - 3:41pm

Weep For The Unites States of America

Notice that this bill raises the national debt. Notice that the bill is supposed to take into consideration "protecting the taxpayer".

The reality is this bill does not and cannot protect the taxpayer. Rather this bill only promises to take the taxpayer into consideration. The Treasury will indeed take the taxpayer into consideration, then immediately discard any such ideas.

Inquiring minds are also noting "The Secretary’s authority to purchase mortgage-related assets under this Act shall be limited to $700,000,000,000 outstanding at any one time."

The idea behind the above statement is to allow for a continual dumping ground such that there will always be $700 billion in toxic garbage held under this program. As soon as any asset can be unloaded by the Treasury at cost, another toxic loan is eligible to be assumed on the books of the Treasury. This process can last for as long as two years.

2. what is the two-sentence proposed alternative?

Pitchforks and torches.

The only thing that will matter at this point is a huge popular outcry in rage at the audacity and unfairness of this BS. The words don't matter. The feeling does.

tjfxh September 20, 2008 - 3:56pm

Dems must do something

if not the blank check, something effective

otherwise, they are open to the criticism that Bush offered to solve crisis, and Dems tied his hands

psychotic point of view, but people believe what they want to believe

in that context, what should Dems say and do

let Wall Street burn is not a viable political option (according to conventional wisdom)

so, imagine that you live in the world that you actually live in

what should the Dems do?

No pol reads anything longer than a page

if it cannot be summed up in 3 or 4 sentences, then they won's say it because they believe (probably accurately) that voters won't pay attention longer than that

jwp September 20, 2008 - 5:24pm

The Dem Congress has already capitulated. The only way to change this now is to scream bloody murder to let them know that this is unacceptable to a lot of their constituents. Otherwise, it's a done deal.

Maybe if they stop and think, wiser heads will prevail. This bailout is written by Wall Street for Wall Street, and Wall Street gets to keep the loot. That's wrong and it needs to be fixed.

The Dem have to come up with a plan that spreads the cost according to responsibility — it's called accountability. And the plan has to have provisions for shutting the barn door, albeit after the horses are gone.

At the very least, extending the Bush tax cuts should be off the table.

The Dems should also call for a Tobin tax on all financial transactions and repeal of the more egregious Bush tax cuts.

This is a no brainer. If the Dems don't go along, Wall Street tanks. They hold the aces here but they allowing themselves to be bluffed — or they are being bought off.

tjfxh September 20, 2008 - 5:43pm

go

what do you propose, instead of the blank check, to slow the run on the bank?

no one will listen to any proposal you have

unless it slows the run on the bank

and it must be simple

hey, several years ago, I started quizzing Numerian about what we should do when this day arrived. not an easy question

well, the day has arrived

what do we propose, instead of the blank check, to stop the run on the bank?

use small words, and be brief

that is the task in front of Dodd and all the rest

what should they do ON MONDAY

jwp September 20, 2008 - 5:54pm

Well, how about:

If you're going to write a blank check, require weekly reports, and votes to keep the check open.

Provide some sort of review facility, instead of this full carte blanche stuff.

NateTG September 20, 2008 - 5:59pm

you can write the law

but Bush has shown that he routinely ignores law that he doesn't like

I have no problem with killing the Bush proposal. Terrible. And won't work

But for the Dems to have cover (and they are looking - hard!) the Dems have to pass their own proposal

Maybe it should be the Ian Welch proposal. At least he has offered one.

For me, I am not even sure that I understand the mechanics of the crisis we are in. So I have no good idea of how to address it

New York Times is quoting Blinderman that the whole problem is housing price levels. I do not believe it. Housing prices have been falling for months. Something acute happened last week.

The acute must be addressed immediately, and the core problem must be addressed soon.

There are people here who know something about finance. Talk!

But say it the way the pols will hear

jwp September 20, 2008 - 6:10pm

(Step 0: Surgically attach some testicles to the legislature.)
Sorry.
Step 1:
Impeach Bush & Cheney for Contempt of Congress
Step 2:
Write a better bailout law.

NateTG September 20, 2008 - 7:14pm

The thing you have to do is look at the deal. The deal is all one-sided and shuts even the courts out so it can't be questioned or changed. This is a deal cooked up by essentially two Streeters.

The Dems just need to stand pat and say, FU.

In these kinds of situations you negotiate and exact all the blood you can while giving up as little as you can.

Guys like Chuck Schumer know this lots better than you and I, and if they want to, they can hang it to them. The question is how much are they in the deal themselves?

tjfxh September 20, 2008 - 6:14pm

I know that politicians must be more diplomatic in saying this, but we really do need to understand that one cannot compromise with crazy.

The problem with Sarah Palin isn't just that she lacks the qualifications to be president. She's a nut job, pure and simple. Just about everyone who isn't a nut case knows this but is afraid to say it.

McCain is crazy in another way. First, he is clearly getting a bit senile, and secondly, he thinks that Phil Gramm is the smartest guy on earth, that Joe Lieberman is the nicest, and that he is the toughest. That's crazy.

The problem with Bush and Cheney is that they were crafty liars. But they weren't out and out nut jobs. Well, W. maybe. Anybody who thinks that God is whispering in their ear telling them to go to war qualifies as a nut case, for sure.

The liberal Dems on the other hand aren't crazy. Their problem is different. They are spineless. They are afraid to confront craziness head on and call a spade a spade and a nut job a nut job.

tjfxh September 20, 2008 - 4:20pm

This means the problem with the global economy is extremely simple: there is too much fake money bidding up control, and that fake money is now entangled with real activity.

It was the "giant pool of money," about 70 trillion US, that led Wall Street to the schemes to create a "shadow banking system" in order to service this money, which was chiefly in search of rent instead of investment to capitalize production that would increase prosperity (general level of material satisfaction).

Ira Glass elicits the story from Adam Davidson and Alex Blumberg here in The Giant Pool of Money. Download the transcript.

tjfxh September 20, 2008 - 4:46pm

As Stirling points out, the question to be answered next is whether Obama and the Dems are going to walk into the trap.

Regarding the two questions to be answered:

1. What promises are the people outside the US going to take in return for not foreclosing on is, because they can by just dumping dollars and raising the price of oil.

2. What mandate are we going to have that will allow us to tax those same people in order to make it so that the control of the world economy doesn't move to Dubai.

These questions will inevitably be answered by the next president in one way or another. We pretty much know what Phil Gramm's answers are likely to be, which will be to advance the interests of the plutocratic oligarchy, even if — actually, although — it means selling the American people out.

Should Obama avoid the trap, he will have the opportunity to answer these questions.

The first will be tricky because he will not be coming from a position of strength. The US needs to borrow at the current rate or more for the foreseeable future, which means that creditors are in charge of events. The far right would have no trouble bringing up a military solution if need be, but I don't see Obama doing that.

The second has already begun with the defection of Halliburton to Dubai, so he is already put on notice. The bulk of elite monetary wealth is already offshored also in the BVI, Cayman Islands, etc., as a matter of course.

I'm afraid that progressives are left with picking up the pieces in formulating a solution.

tjfxh September 20, 2008 - 5:02pm

The bulk of elite monetary wealth is already offshored also in the BVI, Cayman Islands, etc., as a matter of course.

Those champions of capitalism were Raptured to a Better Place, where there are no taxes and Members of Congress are empowered only to fetch drinks and snacks for the Saved.

dratman September 22, 2008 - 4:16am

Via Danny Schechter:

Brigade homeland tours start Oct. 1
3rd Infantry’s 1st BCT trains for a new dwell-time mission. Helping ‘people at home’ may become a permanent part of the active Army

The 3rd Infantry Division’s 1st Brigade Combat Team has spent 35 of the last 60 months in Iraq patrolling in full battle rattle, helping restore essential services and escorting supply convoys.

Now they’re training for the same mission — with a twist — at home.

Beginning Oct. 1 for 12 months, the 1st BCT will be under the day-to-day control of U.S. Army North, the Army service component of Northern Command, as an on-call federal response force for natural or manmade emergencies and disasters, including terrorist attacks.
...
The 1st of the 3rd is still scheduled to deploy to either Iraq or Afghanistan in early 2010, which means the soldiers will have been home a minimum of 20 months by the time they ship out.

In the meantime, they’ll learn new skills, use some of the ones they acquired in the war zone and more than likely will not be shot at while doing any of it.

They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack.

Training for homeland scenarios has already begun at Fort Stewart and includes specialty tasks such as knowing how to use the “jaws of life” to extract a person from a mangled vehicle; extra medical training for a CBRNE incident; and working with U.S. Forestry Service experts on how to go in with chainsaws and cut and clear trees to clear a road or area.

The 1st BCT’s soldiers also will learn how to use “the first ever nonlethal package that the Army has fielded,” 1st BCT commander Col. Roger Cloutier said, referring to crowd and traffic control equipment and nonlethal weapons designed to subdue unruly or dangerous individuals.
(more...)

http://www.armytimes.com/news/2008/09/army_homeland_090708w/

Unruly mobs swamping food-banks?



“les Etats-unis, c’est le seul pays à être passé de la préhistoire à la décadence sans jamais connaitre la civilisation…”...Georges Clemenceau

barrisj redux September 20, 2008 - 5:04pm

...then they've been doing so since shortly before early 2002. Look to the history of CONPLAN 2002 and the CONPLAN 0500 series...

“Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.” ~ Sir Ernest Benn

JustPlainDave September 20, 2008 - 8:10pm

At the time a lot of people thought those warning about the Patriot Act, the termination of posse commitatus and habeas corpus, and the unitary executive doctrine were just being paranoid.

tjfxh September 20, 2008 - 8:31pm

...paranoid. My point is that this has been in the works for a significantly longer time than is commonly realized, meaning that the timing is almost certainly coincidental and should not be taken as an important data point.

Innocuous incidents can acquire undue significance simply by being juxtaposed on momentous events - in my experience it is not uncommon for the elements being overlain on events to have long been present, lurking below folks' detection thresholds. I strongly suspect this is the case here.

“Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.” ~ Sir Ernest Benn

JustPlainDave September 20, 2008 - 9:01pm

Black Tuesday (Oct 29, 1929) and 9/11 have something in common. They both changed the world at the time. But the change was not immediate, actually. In both cases it was some time before the real import began to manifest — several years in fact. Something similar is likely in the case of Black Monday II (the first Black Monday was the market crash on Oct 19, 1987).

The deal that is being made to staunch the bleeding isn't all that big an issue in the long run. Some deal will be cut, and the market will be assuaged for awhile, before resuming its correction of excesses and dislocations. The US financial system is basically insolvent, and this bailout won't solve that problem. It's too big. It will just buy some time and probably prevent meltdown this week. But that's mostly the concern of the ownership class.

What is happening of greater importance for the economy as a whole is that both cheap oil and cheap and easy credit are disappearing from the American scene. The US economy runs on cheap fuel and cheap and abundant credit. The sprawl economy is going to find it painful adjusting to these new realities brought on by a cheapened dollar, zombie banks, and repriced risk. All the talk about the growing national debt will be overshadowed by the effects that everyone who isn't rich will feel every day. Times will be tougher, and the US living standard will begin to decline for the first time since the Great Depression.

The brunt of this reversal of fortune won't manifest for some time, but the growing effects will inexorably wear away at the fabric of society until several years down the road people start to talk about "the good old days."

Maybe around the time of the mid-term elections it will be a political factor as well as an economic one.

tjfxh September 20, 2008 - 8:26pm

It's time for a reversal of course. Stringent re-regulation of FIRE is not enough any more. Washington's mission may, at this late date, be an even greater one than Roosevelt's New Deal faced. The government must figure out how to deploy its power to shift the flow of investment capital out of the minefields of speculative paper transactions and back into productive channels that will help meet the material needs of American society.

Real value must be created in place of chimeras. In the meantime, we all have ringside seats - in fact, far too close to the action for comfort - as another gilded age is ending. What comes after is, in part, up to us.
The end of a gilded age-Steve Fraser

tjfxh September 20, 2008 - 9:07pm

would this stop the run on the bank? calm the markets? keep interbank lending working?

Numerian said:

The $500 billion should be used only to support the FDIC
You should then raise FDIC insurance premiums on all the banks, and increase consumer protection to $200,000 per account, more or less (depending on what works with the extra $500 billion.

Next, the FASB forces the auditors of these banks to reveal every single security and its details that exist in their L3 portfolios. The auditors are required to find out the most recent price for similar securities and apply this to the security in question, or zero if there is no public price. If the banks object to this, they must auction off the subject securities in a public auction to see what they are really worth. When this process is done a true current value will be known for these securities. If said value is a loss and the loss overwhelms all positive values in the bank's portfolio, the bank is declared insolvent.

It doesn't matter who it is - Citi, BOA, JPM Chase, if they are insolvent there are bankruptcy courts to deal with the situation. If customers have more than $200,000 in the bank, they will be subject to some delay in receiving settlement from the FDIC. I would also consider as a taxpayer allowing even more than $500 billion to placed in the FDIC in order to avoid panic runs on these banks, but that should be the extent of taxpayer support for the banking system.

The retail/consumer sides of these banks remain healthy for now, and can operate under bankruptcy and relatively quickly emerge from bankruptcy under new management (see the airlines for how this is done). Morgan Stanley and Goldman Sachs, however, will disappear forever.

jwp September 20, 2008 - 10:27pm

Well, Obama's freedom of action is highly const4rained. The Dem Congress is frantically signaling that it will go along with this, and Lord know they've capitulated with much stronger hands than this. The most we can hope for, probably vainly, is that they won't fall for the "no court review" stuff. One thing Obama could do though is specify that he will tax Wall Street and the Financial Industry directly to pay for this: good politics and good policy. I heard a 1/4 percent tax on stock transactions, like in Britain, would bring $200 billion a year. Double that to four. Still won't make this up the first year, but these expenses will diminish over time with the tax still in place. For that reason, if Obama did push for such a thing, he would be under tremendous pressure to put in a sunset clause. I would prefer not, but he could do this and gamble that the political will will be there to make permanent when they time comes. Probably will, as no one else will want to cough up the dough.

mbento September 21, 2008 - 3:58am

The tax issue is yet to be fought in Congress. The president has no power to tax. He must ask Congress to legislate changes to the tax code. Democratic control of Congress doesn't make this a sure thing. The Rethugs will howl, lobbyists will throw money at everyone, and many blue dogs will vote with GOP.

Congress must not wait but confront this stinking turd right way, or it will haunt them throughout the next administration should Obama win.

Yes, there should be a Tobin tax, etc., and the people directly responsible for this should be prosecuted if they committed illegal acts or censured if they acted unethically, but that's down the line.

Right now, Congress must not ratify this power grab that rewards irresponsibility at minimum, if not abetting actual fraud and white collar looting.

"Time is of the essence" not because the world will fall apart if Congress doesn't act hastily — it won't. The real reason they are rushing this through is that because the more time passes, the more this rotten garbage will stink and the more the public outcry will rise, warning Congress people not to vote for it, or else.

tjfxh September 21, 2008 - 11:49am

drew his line In the sand: No Paulson Deal

canuck September 21, 2008 - 6:09pm

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