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AIG,Big Government and Conservative Populism
The Democrats are trying to funnel the public rage regarding the expense and inevitable irrationalities of the bailout into an anti-business populism. There is no reason why conservatives should allow this strategy to prevail. The populist outrage is real. It comes from people feeling that they are getting screwed by the powerful and the connected.
The Democrats are trying to define the villains of this narrative as dishonest, greedy businessmen and trying to pass off government activism (we'll tax their bonuses good) as the solution. Conservatives have a better and truer story to tell. The provision protecting AIG bonuses was snuck into a pork laden stimulus bill that no one had a chance to read. The reason no one had a chance to read it was because the Obama administration and its allies were afraid that giving the public a chance to read the bill would doom the bill. The rush to bigger government helped beget this problem.
One challenge for conservatives is to get into the public mind the idea that Big Government is not the enemy of business corruption of the government but an ally of corrupt and connected business elites. Obama's cap and trade proposal would be and exellent place to try out a strategy that takes on both bigger and more expensive government and rent seeking companies. The cap and trade proposal would increase energy cost and government power over the economy. The Obama administration will try to portray the proposal as a way of standing up to the evil oil companies. If Obama can frame the issue as consumers paying a little more now in order to pay less later (when the great new green technologies are on line) and as a way of standing up to the oil companies, then the proposal has at least a fair chance of political success. Given a choice between Big Government and Big Business, the public could go either way.
Conservatives could frame cap and trade not merely as a regressive tax on consumers and an expansion of government power (the anti- Big Government arguments) but also as a payoff to the companies that will be getting direct or indirect subsidies from the program. Not only will consumers be paying more, some companies will be making profits (because their products will be profitable at the higher energy prices). So the government hurts you and someone else makes a buck.
My feeling is that the public is less mad at business than at privilege. The prevailing question is "Where is my bailout?" If conservatives can convince the public that Big Government is an ally rather than an enemy of privilege, they will have gone a long way toward connecting the current populist frustration with limited government politics.


Comments
I think Anti-Business
I think Anti-Business sentiment is legitimate. Freer-markets as you correctly imply are not necessarily a pro-big-business proposal. And though I'm not a knee-jerk anti-corportate type myself, there is ample room in Conservatism to be anti-business if that business is in fact gaming the system and not playing by market rules.
So in short I think you, and republicanism, errs in assuming the public is naive regarding the current crisis. Anti-business sentiment is not entirely misdirected.
Yes, you would think that...
...but the message I got from Michael Steele in his email address on the subject is:
Not exactly on point. I hope he can pick up your line of attack and run with it soon before we all starve.
ex animo
davidfarrar
"This has got to
"This has got to stop."
Something about that kind of phoney sounding outrage annoys me. AIG is the flavor of the month. I wish Steele would start thinking about actually affecting major change in his party instead of wasting his time framing (rightly or wrongly) every overblown controversy as the democrats fault. People will have forgotten about AIG bonuses by May.
You are right.
Since he didn't offer any leadership on this issue when Congress started going after private individuals in an attempt to cover up their own incompetence, House reps were left with no leadership. The rest, as they say, is history.
I hope somebody wakes him up in time to defeat this legislation in the Senate, not only for the sake of the AIG employees, but for the sake of Congress and our liberity as well.
ex animo
davidfarrar
I'm a free-market type of guy
but I don't got a problem with a punative tax on AIG bonuses. It's the best way to remedy legally binding bonus payments.
If defending six figure bonuses to corporate executives who have had the government take over their business is conservative, then I guess I'm not conservative. Fortunately, it seems as most on the right have not defended this arrangment. However, there is a strand of conservative thought that is very deferrential to these types of massive bonuses. I hope these guys realize that the very credibility of the free market system is called into question when executives from failing companies are so richly rewarded. No less than William F. Buckley Jr. decried excessive compensation as a perversion of the free market ethic.
Well said
Buckley... decried excessive compensation as a perversion of the free market ethic.
It's kind of like the pro-lifers being against human cloning.
An aversion to perversion through excess is no proof against principle, but rather denotes a fuller understanding of it.
That's all fine and dandy, BUT (and that's a BIG BUT!)
DO NOT pass RETROACTIVE punitive tax laws - EVER! How would you like to wake up one day and find the Bush Tax Cuts retroactively denied, and find yourselves slapped with not only bills from the IRS, but the attendant interest that accompanies them? Hmmm?
The way to avoid the bonus issue altogether is to send AIG into receivership, thus rendering all those contracts null and void. It was so stupid of Geithner to horse around with excuses about wanting to avoid lawsuits, when of course this retroactive punitive tax punishment is going to do nothing but engender suits all the way up to the Supreme Court. I hope they tie him up for years. The man was sold to us as a rocket scientist, when in fact he's nothing more than a Goldman Sachs crony with absolutely no common sense whatsoever. And you guys are somewhat lacking in that department as well if you agree with Barney Frank on this topic. You're on the wrong side, and I'm quite certain that Buckley would agree due to the retroactive nature - although I'm always pleased to hear his name and wonderful quotes invoked on The Next Right. :-)
I'm not so sure that's applicable
I won't even appeal to the stare decisis issue and the idea that settled law is, in fact, settled law.
But for the strict constructionists and originalists, here it is:
Then there's that Bill of Rights:
Bu the Supreme Court has determined over and over again, eg US vs Sullivan (1927) and Garner vs US (1976), that Fifth Amendment protections do not apply in federal income tax cases.
Congress does indeed have the authority to levy taxes (Article One, Section 8). Merely levying a tax does not make any past act illegal. Any illegal act could exist only in the future, ie if those taxes were left unpaid.
No retroactive criminal act. No ex post facto law.
Were it retroactive, then people would be obligated to file amended returns for prior tax years. No one is talking about doing that.
A word on Wall Street bonuses
There is plenty of populist political hay to be made from the "excessive" AIG bonuses. But people should be aware of a couple facts about the meaning of "bonus" in the Wall Street compensation model.
First, there is the matter of scale. Most Americans are appalled when they learn how much bankers make. This has nothing to do with AIG, bonuses or success or failure. Wall Street makes a ton of money and most of that money goes to individuals in the form of huge end of year bonuses. It has been that way for a long time.
Arguments can be made that Wall Street's compensation model creates incentives for bad behavior. And I believe the firms need to rethink about how their comp plans work. But the disproportion in scale between Wall Street compensation and most Main Street compensation predates the present mess by decades if not a century.
As for bonuses: the word "bonus" means very different things on Wall Street and Main Street. On Main Street a bonus is typically uncontracted, occasional compensation for extraordinary performance and/or results. Therefore, to many Main Street ears the idea that bankers are getting "bonuses" after the debacle of the last year is incredible and outrageous.
However, on Wall Street, a "bonus" is a fundamental and often contractual component of a typical comp plan. Any banker/financial professional will have a salary that can be quite low compared to his total compensation. His comp plan will include a bonus that is defined as a range. He gets the low-end in bad years and the high-end in good years. If he knocks it out of the park he may even receive a bonus beyond his contractual range. But bankers get "bonuses" no matter their performance. For Main Street, to call such payments "bonuses" is a misnomer.
For Wall Street, clawing back AIG bonuses represents a huge and unfair hit to the people who work there. The amount of money they make and the size of their bonuses may seem too big or unfair or whatever, but changing the game mid-stream because of popular and political outrage about fairness is ironically very unfair.
js, I hesitate to disagree with you
js, I hesitate to disagree with you, as you are a voice of sanity on this site.
However: given that the tax clawback is probably unworkable, I am still all in favor of the bill anyway. I think it is a very necessary shot over the bow of the culture on Wall Street, which has to change.
I second all you said
And js, i appreciate your thoughts as well. Andrew Sullivan had a post on his site that included the text of the 'purposes' section of the bonus contract, written in 1/08, and it was clear from the text that the rationale for the bonuses wasn't at all consistent with what would be commonly understood on Main Street as performance or retention bonuses. It explicitly acknowledged that the contract was based on expected underperformance of the firm in a declining market over the term of the contract. I wish I could find it now to include here but I can't find it on his site any more; I'll just say it was entirely consistent with js's description of the form of bonuses as used on Wall Street. The unitiated to Wall Street practices would view it as dispensing bonuses for bad behavior and poor performance, but with the information that you supplied about bonuses constituting a signicant part of compensation, it seems much less nefarious.
But I agree with Nando's point about the value of a shot over the bow. As inscrutable as the concept of these 'bonuses' are to Main Street, I imagine that Wall Street culture may be equally as mystified about public outrage over what is SOP there. I'd like to think they can appreciate how outrageous it is to expect taxpayers to fund multi-million dollar payments to the very people whose bad judgment contributed to the mess, but many of the bonus recipients apparently don't see it as ethically-problematic.
I also wonder if the administration sees value in using the outrage to solidify support for more regulation and effective enforcement. The GOP is likely to be very vocal with claims that more regulation is too Big Government and will hamper the free market. But if half the House GOP can get on board with a punitive 90% tax rate, how can they argue later to maintain the status quo in weak regulation and enforcement that ultimately led to this week's vote? It should be easier for Pres. Obama to argue after this episode that GOP (or Dem) objections to more regulation and meaningful enforcement is preferable to meltdowns, bailouts and 90% tax rate schemes.
No wonder we're becoming a nation of Mob Rule
It's because Republicans like yourselves and 85 in Congress are so utterly willing to ignore the fact that we are a nation of laws and must adhere to the ones we've passed until we pass new ones.
There is one thing that Capitalism must have in order to survive that is more important than electricity, than the Internet, than all the newest technology. That one thing is the Rule of Law.
We should never pass a tax law that "claws back". If we made poor judgments in the past, we must make good judgments going forward - FROM THIS DAY FORWARD, not from this day backward 2 weeks, 2 months or 2 years. For godssakes, my good men, please analyze what you've written and ask yourselves if you want to go down this slippery slope toward fascism, for that is precisely where you are headed.
Since you are all so pleased to fire warning shots across Wall Street's bow, I'm equally pleased to fire this shot across yours.
Not quite yet
lagomorph, you said "we are a nation of laws and must adhere to the ones we've passed until we pass new ones." Exactly.
Which is why I'm OK with a warning shot. The House vote isn't law yet.
The House bill served as an outlet for public anger but I'm confident it will never come out of the Senate/conference committee in anything like the version passed in the House. Cooler heads will prevail (lobbyists will prevail, as well); concerns will be expressed about its questionable constitutionality; and another shiny object will have come along to distract the mob so the pressure won't be as high for retribution when it hits the Senate (if it ever does). That's precisely the Senate's role; the rabble gets its say in the House but the Senate is designed to put the brakes on the rabble in the 'statesman's' role (yeah, I know that's laughable with some of the current ones, but still...). I know I sound cynical, but I truly believe this.
Even if my cynicism fails me, as you said, we're a nation of laws, and the AIG execs will have a suit filed the day it becomes law. It will take some time to make its way through the courts but ultimately they will prevail, they will get the bonuses and hopefully the court decision will discourage similar stupidity in the future (but I'm cynical enough not to put a bet on that).
I completely agree with your blog post excoriating Barney Frank. Publicizing the names and addresses of the AIG execs is truly frightening. Hopefully even someone as dim as he is will see how that leads certain groups taking it upon themselves to use the information in disturbing ways. But there are a lot of groups out there with more disturbing plans than a bus tour, so if that's the worst this engenders we've dodged a bullet.
Two things: I'm not a Rep and not a gentleman (wrong gender for that). I think Nancy Pelosi played the Republicans who voted for that ridiculous bill like a harp. Hmmm, now what was the GOP saying about not raising taxes .... oh yes, they support punitive 90% tax rates! So when that 3% hike proposal comes along, that's small potatoes by GOP standards, right?
That's right - which is why I published a link to their votes!
Nice to see other women here who enjoy analyzing politics. I'm a small "l" libertarian Republican.
You trust the courts a helluva lot more than I do, especially with loose cannon Kennedy in the middle of SCOTUS.
Supposedly the whole reason Geithner urged Dodd to change his language in the bill to permit the contracts was to avoid lawsuits for breaking the contracts. So much for that strategy.
I just tripped across some fascinating Muckety fodder linking Felix Rohatyn (think Lazard Freres, NYSE and Rothschild family), Zbigniew Brzezinski, George Soros and Barack Obama. Coincidence? I think not.
Yes, it's nice to encounter
Yes, it's nice to encounter other women with a similar vice! Looking at your posts I'd say we share a generally similar outlook. Respect for the rule of law is one of my hot buttons too. I used to be Republican but reached a point that I couldn't remain in good conscience so after AZ opened its primaries I swtiched to Independent.
Point taken on the SCOTUS and maybe my faith is misplaced, but I'd be very surprised to see this issue get that far. Geithner's strategy hit the skids but that's a big part of why I think they'll pull out all the stops to get this fixed in the Senate and keep it out of the courts. Court proceedings tend to air a lot of dirty linens and the bedsheets in this case positively reek.
You're clearly working above my pay grade because I have to admit utter ignorance of your reference to the Muckety folder. Is that something you'll blog about?
Muckety Connections and the Slippery Slope to P3 Corporatism
Muckety.com is a website that allows searches and displays of relationships between entities such as persons, organizations, government agencies, etc. Click here for an example of a search for Timothy Geithner's relationship to Goldman Sachs Asset Management and Hedge Funds, for example. To do advanced searches, simply use the word "and" between multiple entities. If you search for Rohatyn and Soros and Obama, though, beware that the number of connections will literally black out the entire page so you have to be a little more selective if you want to "follow the money".
It's a family affair. Rohatyn is involved with House Speaker Pelosi as not only a financial backer and economic advisor, and Soros with Obama as a major contributor, and both Rohatyn and Soros are successful investors who are equally qualified to participate in Public Private Partnership relationships with the Obama administration. The following is an excerpt from today's Institutional Investor:
Daddy Rohatyn made news with his partner Warren Rudman in this Washington Post article titled It's Time to Rebuild America - A Plan for Spending More -- and Wisely -- on Our Decaying Infrastructure from on December 13, 2005:
It all sounds pretty good, unless we look back into Rohatyn's past and reputation as described on Democratic Underground last year:
What do we mean by Mussolini's Italian "corporatist" fascism? It almost sounds antithetical, since fascism is statism and corporatism is corporate control, but Mussolini himself said the two ultimately went together like peanut butter and chocolate in an essay he wrote in 1935 titled Fascism: Doctrine and Institutions:
Bruce Marshall wrote an article on this subject about a year ago (February 2008), titled Barack Obama Fronts Wall Street's Infrastructure:
Well fine, you say, but what do Public Private Partnerships have to do with the Fed's TALF (Term Asset-Backed Securities Loan Facility)? For that we can refer to the WaPo's 3/6/09 article titled U.S. to Invite The Wealthy To Invest in The Bailout:
Apparently the Washington Post definition of "wealthy", unlike the Obama administration's definition, is not limited to citizens whose total family income is at or above $250K... So what does it all mean? The WaPo article above reveals that there will be efforts to engage private pension funds in these P3 efforts. The whole thing sounds to me like it's shouting Danger! Risk! Warning! Risk! Slippery Slope! Risk! but the Obama administration keeps turning the volume on mute so we don't need to trouble ourselves hearing it. I think we should hear (and read) a lot more before we encourage Tim Geithner and President Obama to ram through a nontransparent, secretive financial agenda with hedge fund managers like Soros and Rohatyn whose track records are not exactly known to be "democratic" regardless of their so-called Democratic Party affiliations.
I know the Rohatyn name
from the NYC bailout of the 1970's
You might have read, the one where the original giveaway plan was nixed by Jerry Ford and he got the "Ford to City: Drop Dead" headline (which cost him the '76 election IMO)
Well the actual bailout worked since the city was put on GAAP and stopped borrowing for operating expenses, playing games with off-budget authorities et al.
Felix Rohatyn was the honcho on that one and made the City buckle down and pay its obligations If I thought for a second anyone doing Obama's economic policy could carry his briefcase, I wouldn;t be as petrified as I am about their agenaa.
Something happened to Rohatyn on the way to the Louvre...
Apparently he's a real Renaissance Man - and I mean that in the context of the 14th Century city-state, and not the one you'd necessarily recognize from the 70's, LoL. According to his own remarks at the Academy of Arts and Sciences gathering in Paris on 6/6/2000:
Enlightened government and a world without borders strikes me as code for...oh, I dunno, Agenda 21 implementation at worst, and devolution of the nation-state at best. I read that Rohatyn's "unintended consequences" in New York included the slashing of municipal services, the shutdown of hospitals, schools and firehouses, the wipeout of the City's once thriving industrial base, and the depopulating of many of the city's poorer, formerly blue collar historic neighborhoods. If you remember the period from your own living history, it would be interesting to get your take on the success (as opposed to the msm spin) of Rohatyn's efforts.
The most scathing critique I've read of Rohatyn's Big MAC involvement is this:
The most praise I've read of his endeavors is that while implementing pain and austerity, he promised to implement it "fairly". However, the Larouchies claim:
Rohatyn is a Keynesian. He's no Austrian free marketer, nor Friedman-esque monetarist. His advice to Pelosi and previous Democrat luminaries such as Gore, Clinton, Dukakis, and Pam Harriman's Democratic Leadership Council does nothing to persuade me that I would put my faith in his policies or trust him not to purge the pension funds for his own corrupt greed to further an agenda that was "best for all of us"... In other words, I don't share your optimism on this guy being able to teach the Gang Who Couldn't Shoot Straight how to hit any target except the bullseye on our wallets.
Is it 2010 yet?
NYC in the late 70's did have all those nasty things happen
but then again, didn;t somewhat say "the wages of sin is death".. The wages of overspending on social programs is debt.
If you overborrow, you need to pay back the money. If the quality of life suffers, them's the breaks. There was no other way out for late 1970's NYC than painful readjustments to pay debt service.
As for the depopulation and deindustrialization of the outer boroughs, the same stuff happened in every NE and Midwest city in this era--the burbs and the South were too alluring.
We'll have a nasty national example if we adopt the Obama budget and Premier Wen makes good on his promises to get paid back what he lent us in real money, not Weimer currency. You saw my example of the overextended apartment complex; high rents, deferred maintainance and no profits for thr owners
lagomorph - about the shot across the bow
lagomorph - do you agree that the culture on Wall Street needs to change? I have in mind two specific things: 1) the idea that companies exist for the purpose of being looted by their employees; and 2) the idea that the markets can operate solely on the "bigger fool theory" - the underlying fundamentals of companies or assets are uninportant so long as you can find someone to sell the thing to.
The clawback bill (which will never pass the Senate), the hearings, the media attention are all delivering to Wall Street the message that party is over.
Which is a good thing.
Barack Obama and the "Culture on Wall Street"
I'll let Christina Romer, Chair of the Council of Economic Advisers for the Obama Administration, speak to your very good question on whether the culture on Wall Street needs to change. The following is a portion of the transcript between Romer and Chris Wallace on today's Fox News Sunday.
It was much easier to read this than it was for me to listen to this woman's relentlessly cheerful voice and watch her Cheshire Cat-meets-Mary Lou Retton grin as she exposed the fact that Barack Obama is going to remain in bed with "the culture on Wall Street" because "we need them". There is something potentially disturbing about the Public Private Partnership scheme, of which I've touched only the tip of the iceberg in my research thus far. The gist of it is that the Treasury bankrolls the private sector to purchase and then own real assets that were formerly owned, regulated and staffed by the public sector (at public sector wages). I highly recommend you investigate it and see for yourself. I'll give you a hint: the KBR Halliburton model.
"Culture on Wall Street"?
What the heck are you talking about? Just where in the Constitution does it give the government the power to declare a culture good or a culture bad? Just where in the Constitution does it give the government the power to change a "culture" it deems needs to be changed?
The only thing the government should have done when this whole sorry mess started was to stay the heck out of the market in the first place. I am including Bush in this sorry scenario as well.
We have good bankruptcy laws in this country that are Constitutional and are perfectly capable of dealing with this whole sorted financial situation. All we have to do is allow the normal processes of the market place to work. And guess what, it would not have cost the taxpayers one extra dime, and the market place would have recovered in six months.
But now we are in danger of repeating history by turning a bad recession, brought on by government misfeasance into a depression. Allow Obama to spend a few more trillion and he will add "Great" to this depression as well.
ex animo
davidfarrar
Quickly, off the top of my head
Quickly, off the top of my head, a few cultural norms that have been successfully challenged via governmental action:
Text of AIG Retention Plan
...Andrew Sullivan had a post on his site that included the text of the 'purposes' section of the bonus contract, written in 1/08...but I can't find it on his site any more...
According to Josh Marshall, this is the contract. (Sorry, don't have time to read and confirm.)