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TheGarcipian (86.14)

It’s The Economy, Stupor

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September 17, 2008 – Comments (13) | RELATED TICKERS: SPY , SPX

It is downright nasty weather out there: Major banks are dying, Government Sponsored Enterprises (GSEs) are getting bailed out, Bear Stearns, Lehman Brothers, Merrill Lynch are all failing, and now an $85 Billion loan to bailout AIG. How many decades of debt repayment are we willing to pass onto our children and grandchildren until we say “Enough is Enough!”, until we start paying attention as citizens and investors when companies start crying for deregulation, huh?

Time to shed some light on the side effects of free market deregulation… First, know that I am not in favor of heavy regulation, but sensible regulation. I do not believe you can allow any one company or industry to operate completely without regulation, any more than you can hand $50 to a bum on the street and expect him to return even a portion of it to you. Weak regulation can gut an economy just as too much regulation can stifle it. As Lord Acton’s dictum states: Power tends to corrupt, and absolute power corrupts absolutely. This is the basis for this blog entry and a firm credo in my life. There has to be a careful middle ground sought out before deregulation goes into effect. And that was not done this time around. But I’m getting ahead of myself…

The mess we’re in is partially (i.e., not wholly) due to the era of deregulation at the hands of several Congressional members on two key issues:
&nbsp&nbsp&nbsp&nbsp Oil Futures – see Commodity Futures Modernization Act (CFMA; aka, “Enron Loophole”).
&nbsp&nbsp&nbsp&nbsp Banking – see the Gramm-Leach-Bliley Act (GLBA)

Not to blame all of our troubles on one man, but there is a central spoiling character here on both accounts. In case you’ve not heard, the man’s name is Senator Phil Gramm (R-TX), recently relieved as financial advisor to the McCain campaign after he publicly called Americans “whiny” (yeah, that dude) although he remains as a general advisor to John McCain and his presidential campaign. Gramm led the Senate Banking Committee which sponsored the GLBA, and he was a major proponent of the CFMA. Read these Read these links to the GLBA & CFMA, then ask yourself:

Do these people represent my interests, or even those of the average American? I think not, or at the very least, not very well.

The GLBA repealed the Glass-Steagall Act, the latter of which was put into place in 1933 during the (first) Great Depression to control speculation, requiring banks & investment houses to keep more funds available for cushion and to keep this sort of bank & financial failure from occurring again. At a minimum, the Glass-Steagall Act was designed to minimize the effects of global panic during the normal boom-n-bust cycles, when greed and panic consume even the professionals, as witnessed in October 1929, nearly 79 years ago. One of the key provisions of the 1933 act was to prohibit banks from owning other financial companies, spreading out the risk that all of them would fail around the same time. Wisdom would seemingly dictate that more minds (and eyes!) watching the money would prevent everyone from being greedy and doing stupid things, like leveraging yourself up the wazoo, or not doing your financial due diligence, or going with “liar loans” and crazy 110% loan-to-value numbers, or “trusting” the real estate value to continue climbing. Back in 1999 & 2000, I guess Gramm and his lobbyists thought they could handle all that -- NOT!

Purportedly, the GLBA was to spur competition among banks and financial companies by allowing investors to consolidate their savings & investments at one place (certainly convenient, but not necessarily the wisest move to protect your money, I’d say). Also, I don’t know about you, but since 2000 when the GLBA went into effect, I’ve only seen banking fees go up for Joe Citizen, while the banks mangled & fought each other to consolidate the heck out of the U.S. financial landscape. Banks are no longer for the little guy, IMO; their fees will tell you that much. I’ve given up on them and kept my savings & checking accounts in credit unions. Unfortunately, the current crisis does affect me because some of my money is in these investment houses.

Just to keep the record straight, these key pieces of legislation (the CFMA & GLBA) were authored mostly by lobby-owned Republicans like Gramm (though the Democrats had a minor role as well), and unfortunately signed into law by Bill Clinton in the last 2 months of his Presidency. (I’m not making this up; read the links above). Perhaps the lame duck president was looking forward to his afternoon golf outings and less about finishing out his term. But time and time again, after this sort of deregulation plays out and bites you in the butt, you gotta ask yourself one question: When you put the fox in place to guard the hen house, did anyone think this was NOT going to end badly?  

Certainly the solutions are going to be complicated to fix today's financial problems (if we can), and you can bet it's going to be a LOT more difficult than either Presidential candidate is letting on right now... but it seems one presidential candidate has something of a plan, while the other still seems to be clueless, speaking in (even more) generalities and platitudes. “The fundamentals of our economy are strong,” says the older gentleman. Really?

&nbsp&nbsp&nbsp&nbsp Job growth? Nope. Highest unemployment rate in 5.5 years.
&nbsp&nbsp&nbsp&nbsp Inflation in check? Nope. Bernanke is still flying that helicopter tossing out money (though, thank goodness, they didn’t lower rates today!).
&nbsp&nbsp&nbsp&nbsp Expanding GDP? Not in a long while, bub.
&nbsp&nbsp&nbsp&nbsp Strong housing sales? Yeah, on Pluto maybe, not in the U.S.A.
&nbsp&nbsp&nbsp&nbsp Increasing consumer confidence? Yeah, right. What paint have you been huffing?
&nbsp&nbsp&nbsp&nbsp Growing stock market? Nada. Been in the grips of the bear for nearly a year; we’ve probably got another 15-24 months left to go. (I’ll have an update to these numbers in a blog later this week or early next; stay tuned.)

Just how do you measure the fundamentals of our economy, John?  And how do you spell “Second Great Depression”? If we don't all start pulling together in the same direction, we're gonna be there sooner than you think. Hopefully not.

Below, try to see past the partisan nature of the talking heads' comments and listen to the substance of each candidate's speech. Are they really that far apart from each other? Apparently so...Yikes. We need better corporate governance from both parties going forward, in good times and in bad...

 

 

 

13 Comments – Post Your Own

#1) On September 17, 2008 at 7:08 AM, dinodelaurentis (59.26) wrote:

Now, more than ever, America needs a Fool to say:

"The Emporer Has No Clothes!"

when the president says "we won't" and after market We Do, who can have faith in our goverment?

 

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#2) On September 17, 2008 at 7:17 AM, alstry (35.70) wrote:

At this point...I don't think we can avoid a depression.  The fundementals are much worse today than 1929 when we started out as a growing productive economy with much less debt.

The irony was emotion caused many banks to fail in The Great Depression.....today bank failures are not causing any emotion.

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#3) On September 17, 2008 at 8:59 AM, devoish (98.71) wrote:

Just to keep the record straight, these key pieces of legislation (the CFMA & GLBA) were authored mostly by lobby-owned Republicans like Gramm (though the Democrats had a minor role as well), and unfortunately signed into law by Bill Clinton in the last 2 months of his Presidency.

Just to keep the record straight, the lobbyists are authoring legislation. Congress delivers it.

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#4) On September 18, 2008 at 10:33 AM, leohaas (91.57) wrote:

Well said. But don't you find it strange that the Obama campaign is not turning this into a major issue? Is this too difficult to explain to Joe Average? I mean, who would go to a sporting event without rules and referees? So why do we tolerate a market without regulations and lacking oversight?

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#5) On September 18, 2008 at 8:28 PM, Tastylunch (29.93) wrote:

Agreed 100%. it's like asking drugdealers to self regulate

"Honest we won't exploit....errr sell to our best custome...err addicts we promise!"

This whole mess disgusts me to no end, so preventable and our current government is so inept. 

There are going to be textbooks written about crisis management and the Bush team in the future (in the what not to do chapter)....

leohaas

I think the Obama campiagn is being smart and letting McCain and Palin damage themselves. Obama has gotten a sizeable bounce from the polls this week. Obama/Biden knows if they attack McCain and especially Palin it will make Obama/Biden look bad or mean to many swing voters. Much better to have someone else do the dirty work. Self Inflicted political wounds are the toughest to heal...

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#6) On September 19, 2008 at 6:03 AM, TheGarcipian (86.14) wrote:

Agreed, Tastylunch. Self-inflicted wounds are political hari-kari, and it doesn't look like the Palin/McCain ticket needs any help there. From Sarah's lies about bridge funding to airplane selling to teleprompters not working to pretty much anything she’s said about Obama’s open plans (a bright contrast to McCain’s and Palin’s plans shrouded in generalities), to her gaff today at putting herself at the top of the ticket, to her flip-flop about being honest & forthright & willing to cooperate with the TrooperGate investigation only to withdraw & fight the bipartisan investigation tooth & nail – holy cow, where is this Circular Talk Express taking us? Now her husband Todd Palin is refusing to comply with a subpoena?! Man, what do you think you or I would get if we did that? Fined for contempt and/or tossed in jail, that's what! Geez, Palin & McBush are not even in the Oval Office yet and they're already lying & flouting the law, a curiously flagrant violation of the law. Is Palin not familiar with how American law is supposed to work and why? Even more oddly, does she think by refusing to testify about TrooperGate (as Cheney & Rove & Libby brazenly refused subpoenas), all of them disclosing truly selfish un-American values by showing open scorn for our age-tested laws, that the rest of us are just going to swallow their tripe as some kind of justifiable action of the average American? That while their motto reads "Country First" but their actions really say "Palin/McCain First" is going to go unnoticed and uncontested?!  I certainly hope not. But there are a lot of "low information voters" out there.  After eight murderously long years under the Idiot King and his puppetmasters Rove & Cheney, if there’s anything we’re yearning for now as Americans, it is I-N-T-E-G-R-I-T-Y. IMO, McCain used to have it, but since 2003 it’s been moth-balled, probably in one of his too-many-to-count houses.

To me, the worst is the Republicans' hypocrisy of our current situation. The massive failure of investment banks and now AIG is a direct result of the Republicans and their lobbyist-funded repeal of portions of the 1933 Glass-Steagall Act, an act that stood for 66 years and guided us through World War II, many recessions & bear markets, and even Black Monday 1987. That act, officially named the Banking Act of 1935, had kept banks, investment houses, and insurance firms separated by type and keep them from becoming too big, thereby protecting us when any one of them made colossal mistakes. And you can bet they made some big mistakes before the GLBA was passed! To wit: we survived the Savings & Loan scandals, the junk bond market euphoria & subsequent crash of the 1980's, the 1987 crash, and numerous minor emergencies that would have sent us over the brink into financial ruin long ago without that important Glass-Steagall Act being in place. Yet, we survived those traumas, all of which pale in comparison to the mess we’re in now.

I’m not saying the Republicans and the Republican-controlled Congress of 1994-2006 are completely at fault for our banking/insurance/financial woes and out-of-control spending but they contributed significantly towards them. Obviously, the banks, investment & insurance houses (and their friggin’ lobbyists!) had lots to do with it, but I've got to put the blame squarely on the shoulders of those lawmakers involved in the hope that by illuminating this FUBAR situation, the short-sighted imbalance of Big Business interests over those of the average American does not, should not, must not continue. (Yeah, I’m a recovering dreamer). When will we all realize that we’re part of the same friggin’ country? That if you cheat, steal, lie, embezzle, or ripoff your constituents or some other Americans, it’s eventually going to make it back to you with a swift kick in the shorts? This is even more important as the global economy takes shape. The Rockefellers and Rothschilds among us can no longer NOT know some of our pain, because it will eventually be theirs too. Regardless of which lobbyists kiss/fondle/bribe whichever politicians, the business of the people ultimately resides on the shoulders of the Congressmen who pass these laws (and on the President who signs them). The Senators & Congressmen in question have failed us due to their greed, avarice, yielding to the seduction of power, or just plain poor judgment. Their actions have affected us all and will likely affect us for the next decade.

Personally, I think the authors of the GLBA, Senator Phil Gramm (R-TX) and Congressman James Leach (R-IA), should each get the Congressional Medal of Freedom. Isn't that the highest award we give to the incompetent, greedy, partisan, short-sighted bastards these days? Then, they should be ridden out of the country. Or into jail. And not some cushy joint – how about Abu Graib? The sooner McCain cuts someone like Phil Gramm from his financial life, the better. With Gramm being behind two of the worst financial disasters of our times (the CFMA "Enron Loophole" and the GLBA), McCain would be stupid to hold him in confidence anymore. If Gramm is still associated with the McCain ticket come Halloween, you can bet your Reese’s Pieces he’s going to get a cabinet post or some highly coveted “Rovian” councilor position. I (and probably you too) cannot afford McCain putting to work in his Administration this obviously incorrect tool.

Speaking of tools, I saw portions of Sean Hannity’s so-called “interview” with Governor Palin last night. Jeez, I thought I was watching the old Dating Game show with some love-sick sycophant almost gushing all over himself. Is Hannity and his Fox Friends the only ones in America who think he’s not a tool? Anyway, ‘twas nice of him to ask her a leading question, and then supply her with the answer he was looking for in the question. How sweet!  Who knew the sphincter of the Republican platform had lips for Palin's butt?

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#7) On September 19, 2008 at 3:20 PM, JonBarleycorn (68.36) wrote:

Nice rant.

Why is Pepto Bismal like a BJ?

With each, relief is just a swallow away.

Don't know why your rant made me think of this.

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#8) On September 20, 2008 at 2:56 AM, Tastylunch (29.93) wrote:

I remember Hannity a couple years ago started "Hannidate" for his viewers sick of "liberal" dens of "immorality" such as match.com. The last time I checked (think the site is gone now) the only people on there were an obvious porn spammer and a homosexual dude.

 

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#9) On September 20, 2008 at 5:19 AM, TheGarcipian (86.14) wrote:

JB and Tastylunch, LOL with the both of you! Funny. Thanks for making me smile amidst my sadness about the unintelligent American voter.

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#10) On September 26, 2008 at 2:30 AM, Allanby (< 20) wrote:

Sorry, Garcipian, but you have it bass ackwards.  The financial firms that are surviving the current storms could not exist were Glass-Steagall in effect.  You should thank Phil Gramm, and perhaps bill-signer Bill Clinton, too, for updating ossified legislation to reflect a changing world.  Please remember that business drives the economy, not legislation.  The good is generally accomplished by an invisible hand.  Most legislation is a ham-fisted attempt to rectify some perceived prior injustice.  Distrust government, not business, like a true Motley Fool!

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#11) On September 26, 2008 at 6:17 AM, TheGarcipian (86.14) wrote:

Uh-huh. Sure.

While we are getting rid of regulatory oversights and such protections, let's lose the anti-trust laws, front-running, insider trading, accounting audits, "poison pills", anti-pollution laws, manufacturer liability, sexual harassment laws, wrongful termination suits, and a dozen other areas of the law designed to protect not only Joe Citizen but Corporate Karl from screwing himself or his employees.

Business does drive the economy, but it is legislation that keeps the economy on the road and not racing off into the ditch...

As in all of life, there needs to be a balance. Moderation is the key to success. Too little regulation (as we are seeing in the financial sector meltdown now) is just as dangerous as too much, and arguably it's worse.

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#12) On September 26, 2008 at 8:42 AM, Allanby (< 20) wrote:

You may be on to something.  The anti-trust laws are indeed problematic.  While Chancellor Klein (and our friends in the EU) were mugging Microsoft, a company called Google appeared on the scene.  I suppose Google may be the next government target, unless the patronage of Al Gore somehow indemnifies them.  Insiders buy and sell securities daily, dutifully filing Form 4 paperwork.  Many of them make loads of money in the process, yet the sun still rises in the morning every day.  Enron was "audited" by Arthur Andersen.  Enough said.  "Poison pills" are regularly abused to protect ineffective fat cat management.  Anti-pollution laws don't stop the single biggest producer of CO2 gas emissions in the U.S., automobiles, from driving constantly.  High gas prices have been far more effective.  Besides, China and India pollute in a much worse manner, and our anti-pollution laws have little effect on their behavior.  Manufacturer liability has bequeathed us with idiotic warning labels helpfully informing us that coffee is hot (see John Stossel's excellent work on this subject), to say nothing of a tobacco tax-regime that ironically turned tax-addicted states into the protectors of Big Tobacco.  Sexual harrassment and wrongful termination (and racism, bigotry, and inappropriately promoting the hot secretary) are unavoidable facts of life in corporate America, subjectively defined, in spite of the vaunted legal "protections" on the books.  I shudder to imagine the dozen other areas of the law that you naively believe are so effective.

 The "financial sector meltdown" is in truth largely a product of government interference in private industry (see Carter-era Community Reinvesment Act and Clinton-era changes to CRA, Fannie Mae, and Freddie Mac).  Balance would have demanded that applicants qualify for mortgages.  Instead, the government put a metaphorical gun to the head of banks and companies like Countrywide to encourage them to lend to underqualified minority borrowers.  Now we reap the seeds that government interference has sown.  It's sad, really.  The intentions were good.  The unintended consequences are very bad, indeed.

 

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#13) On September 26, 2008 at 5:04 PM, TheGarcipian (86.14) wrote:

Wow, that's quite a non-sequitor. You actually sound like you're arguing for more legislation. You're just pulling my leg, right?

The fact is that China and India are dreadful places in which to live for the pollution alone, and you want to reduce our pollution laws here in the States? You want to live in a polluted place like that? The evils of Standard Oil's anti-trust activity have been documented; I suggest you acquaint yourself with them. The fact is the automakers like GM fought the installation of seat belts & air bags for years until legislation required them, and now people love them so much that the automakers are tripping over themselves to spotlight their safety features. Microsoft squashed Netscape in the Browser Wars via a number of illegal and nefarious methods with the bundling of their operating system, and it was only after the Justice Department finally got involved (too late, IMO) in 1997 that Microsoft pulled back and firms like Google (in 1998) came to life partially because of that fight. With your deregulation, you would have insiders not file Form 4? Do you understand that there's a waiting period after this form becomes public and that these executives are not allowed to sell/buy until that period has expired and that they must do so within a time limit? Would you allow these insiders to buy/sell before quarterly news becomes public? Do you understand that they make "loads of money" not because or in spite of this legal requirement, but because of the excess stock options they grant themselves?  And you call me naive?

Really, sir or madam, do yourself a favor: go pick some stocks within the CAPS community (you're currently under your Starting Seven picks), build some street cred within this community, grow a mutual respect & understanding of how the economy works, and learn from others on this site, not just me. Let's see if you can "walk the walk" before you "talk the talk."  Your record will stand by you. Good luck!

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