Thursday, April 4, 2013

“In the long run we are all dead.” – Keynes

Was Mr. Keynes a Victim of his Own Success?

By J.M. Hamilton (2-17-12)

“In the long run we are all dead.” – Keynes

It’s been nearly thirty years now. I sat in an elective economics class, kind of a low key introduction to Econ, taught by the Dean of the Business School.  I was still a child.  Economics was dazzling.  It was the mid-eighties.   Reagan was in charge, and had overwhelmingly won a second term.  It was morning in America.  Inflation and unemployment were fading, and the Neo-Classical school of economics was on the march.   Markets were impervious and self-correcting.  Keynes was, well, dead.

He received about a chapter of attention in the course, and his ideas seemed to be on the wane.

Keynes primary idea being that government has a moral obligation to step into the breach during an economic downturn, and via fiscal and monetary policy, stimulate demand, until  the private sector could get back up on its feet again.  Once the private sector is off the canvas, government then should retreat from its role of supporting demand, and let capitalism and free markets resume their prosperous march.   Keynes also argued that during the good times governments should raise taxes, so as to save up for the inevitable, the next economic down turn.  There was something else I was picking up about Mr. Keynes in the conservative journals of opinions I read at the time, something about his personal life.  And Republicans did not like it.  By inference, the personal attack then was sometimes used to discredit to some degree the man and his ideas.  It was the eighties, and as Dan Savage might say the equivalent to the dark ages in terms of gay rights.

The anti- Keynesian position, at the time, was government is evil.  The Private Sector rules!  Milton Friedman uber alles…. All hale Chicago School of Economics!

My hand timidly rose up in the lecture hall.

“Yes, Mr. Hamilton.”

“Ummm…. Could President Reagan actually be using Keynesian policy to stimulate the economy, presently, with the record deficits he’s been running?”

“Mr. Hamilton, see me after class.”

Oh $H!T!  But there was nothing to worry about, the Dean was cool.  There were no protest movements on campus, and I certainly wasn’t running with any fast or liberal crowds.  What was there to protest:  No War and Maximum Employment!   After class, the dean sized me up and said,

“Now Jay, in regards your question…  you’re a Republican right?”

“Well, yes sir.”

“Okay, then…. let’s move on.”  The subject turned to post graduation, employment and grad school prospects, etc., and my question went unanswered.   I inferred from the Dean’s evasion that one did not bring up Keynes in polite conversation.

Almost everything I have read, as of late,  indicates that Keynes ideas hit their apogee post-great depression, culminating with FDR and World War II, and enjoyed a glide path into the fifties and sixties; and then are seen as being discredited by the seventies (economic shock, high unemployment and higher inflation).  Then thirty years of indoctrination about infallible/self-correcting markets; Capitalism rules; and Keynes/Socialism was bad.  Just cut taxes, give the money back to the peeps (particularly the well to do), and all will be well.  And there were plenty of numbers that seemed to support Neo-Classical economics, like rising GDP and the Dow.  A rising tide did, indeed, seem to be raising all ships/boats/dinghies.

And I look back now over the last thirty years of economic history, and I believe I was right back in that lecture hall: Keynes ideas and thoughts had never left us.  Even in the 80′s, 90′s and 00′s, he was in the driver’s seat all along.  Oh sure, the jargon had changed, the ideology and mantras  were clearly different, but in the long run there was a permanence about Mr. Keynes and his ideas.  And in fact, I argue that the greatest Keynesian Presidents were not whom we would naturally think, FDR and Truman (for much of his presidency FDR was fixated on balancing the budget), but rather, Messrs. Reagan and Bush (W.).  These latter two Presidents may have talked a good Capitalist/Neo-Classical game, but in fact, both administrations were highly addicted to big government and government spending.  Their respective economies, and second terms, were dependent upon Keynes.

If we go back and look at the last thirty years we know the Federal debt to GDP ratio escalated significantly under Reagan, Bush (HW), flattened with Clinton (who actually ran budget surpluses), and continued to rise again under Bush (W).   The crisis thirty years of free market dogma and financial deregulation left on Obama’s doorstep has caused the debt to GDP ratio to climb even higher, 80% to 100% of GDP – depending upon whose figures one believes (and obviously, these ratios do not include underfunded liabilities such as social security, Medicare and Medicaid).   Moreover, government spending as a percent of GDP has seen a similar trajectory over the last thirty years, so that it’s now north of 40%.

That’s a lot of government redistribution for a nation of hardcore capitalist.

Republican administrations that pre-dated President Obama, starting with Reagan, actually, enjoyed a triple kick to the economy:  first there was growth in government spending (financed by foreign lenders) which helped demand; second tax cuts helped boost the economy on the supply side; and finally, the Maestro at the Fed basically placed a very large brick on the accelerator of monetary policy and the economy went into hyper-drive.   Many economists will tell you that government spending is a great boon to the economy, until such time as the debt to GDP ratio begins to hit 90% or greater.   It is at that point, which is now, that the debt burden can actually become a drag on the economy, due to interest payments on same, and expectations by the public and business community of higher taxes to bring the debt burden down.   In essence, at this debt level (90%) financing becomes a contractionary force (think of the crowding out effect alone).  Look at the major corporations and multi-nationals sitting on an estimated trillion in cash, due to fiscal uncertainty and the global banking crisis.

As a result, was Keynes a victim of his own success (?)… at the slightest hint of economic contraction in the last thirty years, Federal government spending went into overdrive; and even when the economy was on the mend, the spending still did not let up, and tax rates have been on a – relatively – steady decline, from Reagan through Bush – W (again with Clinton being the outlier). None of these Presidents seemed to want to raise taxes once the economy turned the corner, a key Keynesian prescription for fiscal sanity.

Keynes Blind Spot:  As of late, however, Keynesian policy seems to have hit the wall.   Trillion dollar deficit spending and ultra- loose monetary policy doesn’t seem to be spurring the economy in the manner they once did.   I’m no expert but did and could Keynes foresee that a massive banking cartel, the world is presently faced with, could and would refuse to lend out monies generated by expansionary Fed and E.U. central bank policy?  The Cartel in essence refusing to lend out money to stimulate growth – instead largely engaged in speculation or hoarding, due to impaired balance sheets or simply out of political spite, via capital strike.  Did Keynes foresee that Republicans deploying Keynesian policy and supply side economics, coupled with three decades of untrammeled mergers and acquisitions, would create massive monopolies and oligopolies, which via regulatory and government capture, would siphon off a not insubstantial share of fiscal and tax policy benefits?  Here, Keynesian policy was not directed, as he intended, for the betterment of the working man and to achieve maximum employment; but rather, Keynesian policy – wearing Neo-Classical garb – appears in many instances to have been bastardized and government expansion, rules and regs, were utilized for the enrichment of the few, the proud, the elite!

One can only speculate, but my guess is:  If he was here with us today, faced with the tremendous success of his own policies, and faced with the present limits of same, no matter how perverted and warped by successive Republican administrations, Mr. Keynes would have been a fan of the Volcker rule (which thwarts utilization of Fed monies for speculative purposes and deploys monetary policy to its traditional role of lending money); and he may have been positive about the breakup of the too big to fail banking cartel, which seems to be sucking the heart and soul out of expansionary monetary policy.  My guess is the humanistic Keynes, who had a vision of a harmonious world, would have wanted to shift the largess of government – both demand and supply-  away from the wealthy and the powerful, and back to those most in need, the ninety-nine percent – arbiters of top line growth, an expanding economy, and greater corporate profitability.   In the present, Keynes’ policies may have not been limited to objecting to proposed cutbacks in the welfare state, but instead, Keynes probably would have been for positions that limited – at least ameliorated – the impact of globalization, and protected workers rights and wages.

The old saw of a “rising tide lifts all ships,” also works in reverse, if you catch my drift; that is, we’ve all heard of “trickle down,” well perhaps a good term for the inverse is “flood up.” Imagine if you will, banks and GSE’s refinancing, or better yet, restructuring residential mortgages in this country, and we could all see “flood up” in action.

Mr.  Keynes’ proscribed policies are said to have only begun to break through to FDR, later in his presidency.   Such irony that Keynes greatest ideological detractors should end up being his greatest practitioners, the Republican Party for the last thirty years.



Copyright JM Hamilton Publishing 2013

Friday, March 29, 2013

Life, Liberty and the Pursuit of Happiness



Life, Liberty and the Pursuit of Happiness

"Man (and woman) always wants most what they cannot have."

By J.M. Hamilton 3-30-13


Jefferson's words to this very day give us hope.  In his manifesto against King George, he defiantly wrote: 

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness."

We often forget that the price for writing these treasonous words was quite possibly finding oneself on the wrong end of a hemp made rope.  The Declaration of Independence being merely a political document, Mr. Jefferson's words had to be codified into constitutional law, via the fifth and fourteenth amendments.  It was decided on the heals of Mr. Lincoln's emancipation proclamation that in order to protect the slaves from the predations of others, Mr. Jefferson's point had to be driven home, again, with the fourteenth amendment:

"Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

From this, we quickly learn that happiness and property ownership are quite possibly one in the same.  And given our collective attraction to the material, does anyone doubt it?

To a libertarian, and more than a few liberals, those few words must bring solace and joy... for what could be simpler, government is there to protect, and presumably facilitate, life, liberty and happiness/property.  What more need be said.  In my mind, our nation's Jeffersonian law would be simple:  man is free to do whatever he wants, as long as it does not threaten the lives, or life, or property, of his fellow man, period.  It is due to man's hubris, a professional legal class, and the desire of one class of citizens to control, subjugate, or gain advantage over, another class of citizens, that we have volumes upon volumes of legal books outlining state law, rules, regulations, constitutional law, and judicial rulings.  In effect, turning the Jeffersonian ideal on its head.

However, lately many a western government has been complicit with the major banking institutions of the world in depriving persons of both property, and we might safely add: life, liberty and happiness.  Just as J.M.H. predicted in my write up, Thinking the Unthinkable, Western Government's have begun to back off bailing out banks on the backs of the poor, via austerity, and - having exhausted monetary and fiscal policy - are starting to apply haircuts to the bank bondholders, the rich, and the elite.  First it was Iceland, then Greece, and now Cyprus.  Who's next, Italy or perhaps Spain?  The longer this four year financial crisis drags out, the longer the pain and suffering will continue.  Now everyone, rich man and poor man, will likely begin to feel the pain, equally, as capital controls come into play, and wealth confiscation gathers steam.

Seems as though the rich man can't catch a break, and neither can the poor or the middle class.  Now, there is no succor, or safe haven... one might as well park one's money in a mattress or multiple mason jars within the second chalet's backyard.  Besides, what interest are you earning at the bank?

Even Mr. Buffett appears to be having his doubts.... as reported in Barron's this week, the King of Capitalism decided not to double down on Goldman Sachs.  As evidence, he did not execute upon all his Goldman warrants, earned for helping to bailout Goldman at the height of the financial crisis (circa 2008).  Of course, as Barron's goes on to note, Berkshire is quite heavy in the banking sector, already - with substantive ownership in American Express, Wells Fargo, U.S. Bancorp and Bank of America.  Surely, Mr. Buffett knows that many of these institutions are tied, directly or indirectly, to Europe via bonds, derivatives and CDS.  And surely, Mr. Buffett knows that Chairmen Bernanke can't possibly print enough money to bail them out, all over again. 

Or can he?

Either way, Mr. Buffett appears to have hedged his bets on Government Sachs, at least for the moment, or maybe - just maybe, Mr. Buffett doesn't want to be deprived of liberty and equity in the event of yet another crash.  This blog has pointed out that politicians are often owned by the banks, but that sword also cuts both ways; the mega-banks are often wards of the state, and dependent upon the state for backstop and support.  Truly a symbiotic relationship.  This means that when ordered by the state (as we saw in Cyprus), the cartel  will have no problem dipping into your accounts to garnish your money on the state's behalf.  And what a perfect vehicle for doing so, after all the banks have been helping themselves to your funds for years, in the form of outrages fees and charges, and interest rate suppression.  Who knows, the cartel may actually charge an administrative fee for taking your funds out of checking or savings, and for turning same over to the government.  Just one more privation we have to look forward to.

As I wrote earlier in this piece, man seems to have an insatiable desire to imposes one's will upon another, via the laws of the land.  Rather than keeping it simple, as Mr. Jefferson wrote, the citizens of this nation have been in effect under the laws of the puritanical Taliban, since its founding.  All the way to the present day, in the form of religious right and their representative body, the Republican Party, religion - particularly Christian religion - has been used to justify all manner of intolerance and codify this intolerance in countless  laws; many of these laws, beliefs and values cast a direct assault on the liberty, freedom and happiness of others. Victimless crimes, like drug possession, have allowed America, the land of the free, to have the highest incarceration rate in the world.

Rather than respect the rights of persons, religious bigotry has been utilized to impress the majority's values upon the whole of the country, often upon long suffering minorities, such as gay persons.  But there's new hope that Jefferson's ideal may actually be coming to the fore.  The old order appears to be demographically fading away, thank God; and a more tolerant and relaxed younger generation appears to taking over.

This is best exemplified by the pending SCOTUS decision, and the hearing this week to allow gay marriage, and by a conservative court, no less.  If SCOTUS decides in the gay community's favor, their victory is a victory for us all; it is a victory for civil rights; and the gay community's win is a victory for tolerance and hope.  But above all, this is a win for freedom.  No longer will persons be persecuted under the law, for loving another adult.  No longer will persons be deprived, under the law, of life, liberty and happiness in the institution of marriage, and the numerous state and private sector benefits that come with that institution. 

BUT... there is a dark side, if the gay community wins.  
I have often written about unintended consequences, and to be careful for what one wishes for.  I don't know who first said, "man wants most what he cannot have," but I would take this line a step further and say, "man wants most what he cannot have - until he catches it by the tail, and the beast turns and badly mauls him." 

The Supreme Court, which consists exclusively of attorneys, may have another motive if they ultimately approve gay marriage.  There's a whole pack of wolves waiting on the sidelines salivating, watching, pacing... perhaps even praying for the high courts decision, not in your favor, but their favor.  These wolves, consisting of attorneys, judges, therapist, psychologist, parenting coordinators, guardian ad litems, etc, etc, etc.... make up the probate industrial complex.  And abandon all hope ye who enter here.  For these bastards will rob you blind, take away your children, and your futurity, and rend your very soul. 

Not that I'm speaking from experience, or maybe I am, but you might have possibly read it here first, a whole new body of case law will be developed, centered around gay parenting and gay probate matters, if the supreme court's decision comes through.  Millions and billions in attorney and doctor fees will be made in this endeavor by the probate industrial complex, and it will be the gay community's loss.  And the lives of gay parents, and the children of gay parents, will be sacrificed on the altar of this endeavor.

Perhaps I am stereotyping, but I have often found many of my gay neighbors to be a little brighter or certainly more worldly, and sometimes wise... an obvious generalization.  My guess is many will avoid the institution, like the plague.  Before you get married, gay or straight, please do the cost benefit analysis, sign a prenup, and think twice before you have children within the marriage.   Better to adopt, or have children directly or through a surrogate, as a single adult, or even before you get married  ---  than to pro-create, or adopt, within the institution of marriage, or prior to the marriage with your future spouse.  Men, in particular, take note!

Some might think me mad for writing such things but I have a divorce rate and actuarial tables to back me up, and I have seen an ocean of sorrow and tears emanating from these courts; and I can assure you my thinking in these matters is already quite prevalent, among many of the nation's youth.  Marriage is fleeting, divorce is for life.  Sadly, marriage is a decaying institution in rapid decline, and the attorneys - indeed a whole probate industry - are looking for fresh meat and SCOTUS just might provide.  The probate industrial complex is killing the institution of marriage, for both straights, and soon enough, the gay community.   And they have wreaked havoc on the lives of children, for generations, by playing God.

There is perhaps no political group, or judicial body, more anathema to the Jeffersonian ideal than the probate court and the practitioners operating within that court.  Corruption abounds.

You see, there is no such thing as life, liberty or happiness for those who enter the probate court system.  And win, lose or draw, you can kiss your property goodby, because a great deal of it will end up in the attorney's or judge's pockets.  Of that, I can assure you. 

The tail the gay community is presently holding onto is not the tail of the institution of marriage, but the devil's tail issuing forth from a probate judge's black robes.  

P.S.   A good read for anyone interested in learning how our probate system works, click here.


Copyright JM Hamilton Publishing 2013

Tuesday, March 19, 2013

A Golden Curtain: Mr. Churchill's "Iron Curtain" Speech...


A Golden Curtain has descended across the West…?

 “I’d rather entrust the government of the United States to the first 400 people listed in the Boston telephone directory than to the faculty of Harvard University.”   – William F. Buckley

By J.M. Hamilton   (7-4-2011)

Per the NY Times obituary on Mr. Buckley, we the get the following:  “All great biblical stories begin with Genesis,” George Will wrote in National Review in 1980. “And before there was Ronald Reagan, there was Barry Goldwater, and before there was Barry Goldwater there was National Review, and before there was National Review there was Bill Buckley with a spark in his mind, and the spark in 1980 has become a conflagration.”

To which this blog responds, what hath Mr. Buckley wrought?

As the political architect of the Reagan Revolution, the father of the paleo-Tea Bag movement (i.e. political conservatism), and after more than a quarter century of free market ideology and deregulation, Mr. Buckley, presumably, might have some misgivings about the way things have turned out.   One thing is for sure, there were some positives about the man, and his political knowledge and debating skills were something to be feared.  In reading the above quote, one wonders if Mr. Buckley was more upbeat about the prospect of the first 400 people within the Boston phone directory running the affairs of the nation, or was he merely slamming the Harvard faculty?   My guess is a little of the both, because say what you will about the man, Mr. Buckley generally argued from a position of Christian altruism, the likes of which are rarely, if ever, heard in present Republican Party leadership.  I would like to believe Mr. Buckley, a well known Libertarian, was also a populist at heart, who genuinely believed that his brand of free market ideology would be a boon to all.

History has yet to write Mr. Buckley’s final epitaph; the political and economic wave he helped to unleash, more like a tsunami, is still very much with us – its troubled waters have yet to fully recede.  Still one can’t help but admire the man; and at the end the day, he was not a doctrinaire adherent to the political and economic ideology he helped mold and shape.   After all, any Republican who was not in favor of the Iraq war and who was not a fan of President Bush (W.) certainly deserves our acknowledgement, if not our respect; and any man who would sail into international waters to smoke a joint, so as to avoid breaking U.S. law certainly is, if nothing else, interesting.

Damn, I miss Firing Line.

But we move on, and deal with the wreckage of our present economy, and what a week it was.  Bloomberg released a story highlighting that the revolving door between the most nefarious bank known to mankind, Goldman Sachs, and Western Governments continues unabated.  Goldman not content to rule the known financial universe must also control the highest chambers of government and central banks.  Proving that we do, indeed, live under a bankocracy.  Mr. Forsyth of Barron’s Magazine wrote, if I may have license to paraphrase, that the banks of the E.U., particularly those in France and Germany, are being propped up on the shoulders of the poor of Greece and what remains of their middle class, come to think of it not unlike what has transpired in the U.S.  since 2008.  Austerity, a shrinking economy, and low employment prospects are what await Greece and the West, that is as long as our political elite remain slavishly devoted to propping up the banks.

And it doesn’t look like it’s going to get better any time soon.  Christian Lagarde will head up the IMF. And while it is wonderful that a woman will finally run the IMF, she most certainly will continue the policies that have indentured 99% of us to the banks, many of which are insolvent.  And Tim Geithner, it appears, will stay on at the Treasury for the “foreseeable future,” perhaps the worst news we received all week.

Charles Munger, the Vice Chairmen of Berkshire Hathaway (the bastion of all things Ayn Rand) had an epiphany of Tourettes, when he offered up the following gems, as reported in Bloomberg:

“The bubble in America was caused by some combination of megalomania, insanity and evil in, I would say, investment banking, mortgage banking.”

“Alan Greenspan is a smart man,” Munger said. “He just totally overdosed on Ayn Rand at a young age.”

“I would guess that Dick Fuld has not a single ounce of contrition wherever he sits today.”
Mr. Munger, the story goes on to report, is a fan of Elizabeth Warren.

My guess is the “Morning with Charlie” show will be permanently cancelled.  Mr. Munger is a reported Republican, and the Republican Leadership must be foaming at the mouth over these “revelations.”

Might have Mr. Buckley have also thought along the lines of Mr. Munger had he lived through our present financial crisis?  Quite possibly so.

But are the Democrats really any better?   This week we learn in the NY Times that Democrats and the Obama administration were about to sell out the American worker once again, with proposed passage of several Bush era free trade agreements; that is as long as Republicans were going to aid and abet this catastrophe by expanding the welfare state for all the displaced American workers, who would lose their jobs as a result of the wage, tax, and regulatory arbitrage that is “free trade.”  Of course, as this blog has written there is absolutely nothing free about “free trade.”  A friendly note to the Democratic Party:  America needs jobs, not an expansion of the deficit and more welfare programs, so that your party can appease the chamber of commerce, multi-national manufacturing and banking interests.

Do you ever get the feeling that we live in a one party state?  With both parties pandering to Wall Street, both parties propping up the banks, at the expense of us all…. If you think about it, we really aren’t that dissimilar to the Greeks who felt betrayed by their own elected officials this week, or the upset German populace, who will now have to bailout E.U. periphery nations, not to mention their own banks, again and again and again….

Of course the banks, always several steps ahead, are international in scope, hire the best and brightest, make them rich, and turn them out to run our “democracies,” perhaps to circle back again for more tax payer funded loot.  Meanwhile the G20 and the IMF (and I might add Basel), as written about by Barry Eichengreen in voxeu.org, just can’t seem to get it together long enough to thwart the interests of the Wall Street cartel, always dissolving into petty recriminations, disputes,  and bickering, not unlike a bad marriage counseling session, as Mr. Eichengreen observes

On March 5th 1946, Winston Churchill gave a famous speech in Fulton, Missouri.  At the time the speech was dismissed as more war mongering from the often bellicose and belligerent Mr. Churchill; but Mr. Churchill turned out to be quite right because an Iron Curtain was indeed descending across the continent of Europe, and much of the world, that would form the basis of the cold war for the next forty years or more.  Behind the curtain was the unfathomable, but we now know, as Mr. Buckley may have observed, it was one vast gulag archipelago, complete with slave labor, backward and underperforming economies, and absolutely miserable human right conditions.  Most importantly, personal, economic, religious and political freedom were crushed under the boot heals of communist masters.  It took the likes of Messrs. Churchill, Reagan, Buckley and Truman, with a whole lot of help and sacrifice from the West, to bring down the Soviet empire (in of all places a small country at the cross roads of the world, Afghanistan).

Today, if Mr. Churchill were alive might he warn of a Golden Curtain descending across the Western democracies?    This curtain is made of gold for our elected officials, and the insiders and banking interests protected from within.  Outside the curtain, the middle class is crumbling, unemployment and inflation are rising, and U.S. and European economies are in shambles.   And the liberty we take for granted is under threat from within.  In Greece, and coming soon to a country near you, order and peace are at a premium, as are jobs.  Crony capitalism, like some defunct Soviet era economy, is often how business gets done; likewise Monopolies, or put another way socialism by private proxy, prey upon the population with taxation without representation.  And seemingly no elected official or appointee has the political will to, consistently, say or do what is right.  Where is FDR, a traitor to his class, when you need him?   Where is Teddy Roosevelt the trust buster?   Where is Harry Truman?

Political economist will tell you that black markets are dangerous things because they offer unregulated and unsafe products, and make obscene profits, which can in turn be used to subvert democratic governments, institutions, and elected officials.  But Mexican drug cartels cannot hold a candle to the banking interests who traffic in the ultimate narcotic, money!  It is banking and shadow banking, armed with a Citizens United supreme court decision and the unlimited flow of money, that has woven the golden curtain that separates us from the our elected leaders, and perverts our democratic institutions.

P.S.
On this Fourth of July weekend, a few lines from Mr. Jefferson, who had quite a disdain for monarchs, like the Kings who rule us all on Wall Street:

“He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.”- Declaration of Independence
“A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” – Declaration of Independence

“He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:   For imposing Taxes on us without our Consent (In the modern day this would be monopolistic profits and usurious interest rates).” - Declaration of Independence

“And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.”- Jefferson’s letter to the political philosopher, John Taylor.

Copyright JM Hamilton Publishing 2013

Sunday, March 10, 2013

Three days after the Sept. 11, 2001, terrorist attacks, Congress approved the Authorization for Use of Military Force.

March 9, 2013/NYTIMES

Repeal the Military Force Law

Three days after the Sept. 11, 2001, terrorist attacks, Congress approved the Authorization for Use of Military Force. It was enacted with good intentions — to give President George W. Bush the authority to invade Afghanistan and go after Al Qaeda and the Taliban rulers who sheltered and aided the terrorists who had attacked the United States.

But over time, that resolution became warped into something else: the basis for a vast overreaching of power by one president, Mr. Bush, and less outrageous but still dangerous policies by another, Barack Obama.

Mr. Bush used the authorization law as an excuse to kidnap hundreds of people — guilty and blameless people alike — and throw them into secret prisons where many were tortured. He used it as a pretext to open the Guantánamo Bay camp and to eavesdrop on Americans without bothering to obtain a warrant. He claimed it as justification for the invasion of Iraq, twisting intelligence to fabricate a connection between Saddam Hussein and the 9/11 attacks.

 


The right solution is for Congress to repeal the 2001 authorization. It could wait to do that until American soldiers have left Afghanistan, which is scheduled, too slowly, for the end of 2014. Better yet, Congress could repeal it now, effective upon withdrawal.






A government of the banks, by the banks, and for the banks....

Up and Down Wall Street/ Barron's

 | SATURDAY, MARCH 9, 2013 

Too Big to Jail

U.S. attorney general admits to concern about impact on markets of prosecuting bankers and banks suspected of violating the law.

"All animals are equal, but some animals are more equal than others," George Orwell famously wrote in his allegory on totalitarianism, Animal Farm.

Mammoth banks have been more equal than others for some time. Ever since the bailout of Continental Illinois, which, in an ironically Orwellian twist, took place in 1984, megabanks have been deemed "too big to fail" because of the feared impact of the failure of any one big link in the financial daisy chain.

After all, one institution's liabilities are the assets of others, the realization of which can spread a run on one to the entire system. The recent financial crisis made the implicit backing of too-big-to-fail institutions explicit with the passage of the Troubled Assets Relief Program, which originally slated $700 billion of taxpayer money to be invested in banks and other institutions.

But the bailouts have left the bankers who caused the crisis largely blameless, which last week puzzled Senator Charles Grassley, the Iowa Republican who has long had an interest in financial matters. In a hearing of the Senate Judiciary Committee on Wednesday, he expressed concern to Attorney General Eric Holder that some institutions had become "too big to jail," even HSBC (ticker: HBC), the U.K.-based bank that agreed last year to a record $1.9 billion penalty to settle money-laundering charges.

According to the transcript of the hearing: "I don't have a recollection of [the Department of Justice] prosecuting any high-profile financial criminal convictions in either companies or individuals. Assistant...Attorney General Breuer said that one reason why DOJ has not brought these prosecutions is that it reaches out to, quote-unquote, experts to see what effect the prosecutions would have on the financial markets."

In a stunning response, Holder agreed: "The concern that you have raised is one that I frankly share. And I'm not talking about HSBC now, because that may not be appropriate. But I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy. And I think that is a function of the fact that some of these institutions have become too large."

In other words, the nation's chief law-enforcement official admitted the decision to prosecute depends not on the law, but the impact on the financial markets and the domestic and global economy from these megabanks.

While Holder's admission might give new impetus to legislation to break up the banks, it is unlikely to get anywhere. After all, the big banks could point to their healthy scores last week on the latest "stress tests," which critics suggest aren't stressful enough. Of the 18 biggest U.S. banks, only Ally Financial, the former GMAC, which still is a ward of the state, failed the stress test. The main criterion was that the banks still had a 5% buffer of primary capital, even after a set of hell-or-high-water catastrophes, including a 50% drop in the stock market, a decline of more than 20% in the housing market, and an unemployment rate of 12.1%. So, even if these banks are bigger than they were before the 2007-09 near meltdown, they are at least better capitalized.

That these banks could survive such dire circumstances owes a lot to the capital that regulators forced them to raise. But due credit ought to be paid to the Fed's policies of holding short-term rates near zero and its bond purchases, which have combined to restore the health of the credit markets, pull the housing market out of its tailspin, and boost other asset prices, not the least pushing the Dow Jones Industrial Average to a record last week.

This recovery raised households' net worth by some $1.17 trillion in the fourth quarter, to $66.07 trillion, the highest since 2007, just before the housing meltdown, according to data released last week by the Fed. That's all good news. But not if it's perceived to be the result of action by a government of the banks, by the banks, and for the banks.