TARP and Foreclosures: A Matter of Misplaced Priorities

Neil Kashkari wrote up the U.S. Treasury department’s Break the Glass Bank Recapitalization Plan in April, 2008—months before the financial crisis—as a “just in case.” It was essentially the TARP program.  Karshkari states in his plan that governmental purchases of toxic mortgage-based assets would do “nothing to help homeowners without [there being] a complimentary program.” He notes that should there be a crisis, “there would be enormous political pressure” for relief going to homeowners in trouble.  Considering the noted downside to his plan, he may have viewed any such pressure from “the masses” as a problem to be ignored rather than even assuaged.  He also admits in his plan that it would provide “no guarantee banks [would] resume lending.”  It is odd that his was made explicit yet not dealt with.  He does gloss an alternative option (C) that would involve refinancing the troubled mortgages, though he assumes a (needlessly cumbersome) case by case basis and that the servicers would determine which loans to put into the program.  The culprits could opt out to insist on the higher payments. In other words, Kashkari was assuming that the government shouldn’t or couldn’t force the banks to take write-downs.  As a former Goldman Sachs man himself (like his boss at the time, Henry Paulson), Kashkari probably didn’t want to propose anything that the bankers wouldn’t view as being in their interest.

The full essay is at "Essays on the Financial Crisis."

Bankers Writing Financial Reform Law: A Case of the Wolves Designing the Chicken Coop

The financial reform bill approved in December, 2009 by the US House of Representatives proposed to regulate the financial industry and keep firms from growing “too big to fail.” The bill can be likened to a ship made of Swiss cheeze, yet seemingly seaworthy. A key intention of the bill was to gain control over the vast market in “over the counter” derivatives by forcing trading onto open exchanges, where regulators can monitor it. Unregulated derivatives were behind much of the havoc that nearly brought down the financial system in 2008, including the subprime-mortgage-backed securities that put many firms underwater and the credit default swaps sold by AIG, the giant insurance company that sucked up about $180 billion in bailout money. The $592 trillion global market in these mostly unmonitored derivatives remained in 2009 among the most profitable businesses for the biggest banks—Goldman Sachs, JPMorgan Chase, Citigroup, Bank of America, and Morgan Stanley—and Wall Street doesn’t want Washington tampering with it. Early versions of Frank’s bill allowed many derivatives to continue trading off exchanges. The bill, Frank wrote, “could be subject to manipulation” by “clever financial firms” seeking to evade a requirement that they trade derivatives on open exchanges.

The full essay is at "Bankers Writing Financial Reform Law."

Private Financial Interests in the Public Square: Crowding Out by Design

Is the typical American self-centered and greedy, or is there a civic-mindedness that yearns to bracket one's own interests?  In other words, is there more to American society than being the sum of the parts? Is there something more than the aggregate?  I don’t mean to criticize individualism here; creativity and liberty, for example, are individualistic traits that highlight a person's character and virtue. Nor do I mean to point to one of the two major parties. One could point to the democrats protecting unions at the expense of a free market for labor just as one could point to rich republicans holding tax cuts hostage unless they are included even though they could afford higher taxes.  If there is something more to American politics than asserting one's own interests, who is to represent the civic component?

The full essay is at "Private Financial Interests."

Federalism Facilitating Self-Preservation

The rights to life, liberty and the pursuit of property (Locke) or happiness (Jefferson) can all fit within a federal system that enables its two systems of government—that of the federation itself and the republics  or (member) states—to check and balance each other. The alternative, at least for a federal empire, may be a return to the state of nature.

The complete essay is at Essays on Two Federal Empires, available at Amazon.

The U.S. National Debt: On the Addiction of Living Beyond One's Means

Twelve times a thousand times a billion  Such a number can only be known abstractly to the human mind.  A person is not apt to see 12 trillion widgets and thus fully realize how many that number signifies. Just in an abstract sense, however, the number can be understood represent debt that is beyond sustainability.   If not, then exactly how much signifies the threshold over which any additional debt will never be paid back? The U.S. federal debt stands at $12 billion as 2009 is drawing to a close.  If this amount is difficult for us to contemplate, how realistic is it that the debt will ever be paid off? that the debt has been growing since the late 1990s may mean that the question of paying off the federal debt might never be seriously entertained. 

The full essay is at "U.S. National Debt."

Are the EU and the US Commensurate?

Are the E.U. and U.S. commensurate? The conventional "wisdom" says no, but are most people, including most European leaders, missing something that in retrospect may be considered rather obvious? 

The full essay is at Essays on Two Federal Empires.

Integrity in the Job-Description of a US Senator: On the Role of the Senate's Design and Purposes

Micheal Bennet, who represented Colorado as a U.S. Senator, told a journalist in 2009 that the possibility of losing his seat  in 2010 should not hold him back from voting for health-care reform even if it were unpopular in Colorado.   The journalist, of CNN, asked, "If you get to the final point and you are a critical vote for health care reform, and every piece of evidence tells you, if you support that bill, you will lose your job, would you cast the vote and lose your job?" Bennet replied, "Yes."[1] Voting in line with the best interests of his fellow citizens would evince a degree of political integrity that I suspect few in the biz have today. However, might a representative be wrong and his or her constituents right about the long term best interest? Is a U.S. senator necessarily smarter or more capable of insight? Lest Bennet be criticized here for failing to have represented his constituents, one might take a look back at Madison’s Notes to the constitutional convention for guidance. 

The complete essay is at Essays on Two Federal Empires.

1. Josh Gerstein, "Bennet Willing to Sacrifice Seat over Health Vote," Politico, November 11, 2009. 

Twenty years after the Berlin Wall fell: Vor zwanzige Jahre ist die Mauer gefallen

It was a gray rainy Monday in Berlin, yet the sun was shining for those in Europe who are celebrating the fall of the iron curtain.   Twenty years ago from that day, it would have seemed surreal to the east Germans who could suddenly simply walk across a border without fear of being shot.  People simply walked through.  “I just wanted to set foot on your side,” one man said.  “Can I cross over there and visit my parents?” a woman asked.  The east German police could only say, “go ahead.”  There would be no criminal penalties.  Before long, people climbed the wall and started chiseling away.  “The wall has to go,” they cried, “Sie ist zu Ende.”

The full essay is at "Twenty Years after the Berlin Wall Fell."

Is Corporate Social Responsibility the Same as Business Ethics?

Corporate Social Responsibility (CSR) is typically thought to be a topic in the field of business ethics. If a company is socially responsible, it is typically presumed to be ethical in being socially responsible. Solidifying this attribution, some scholars of CSR have even sought to explicitly base it on specific ethical principles. However, contrasting a corporate policy with societal norms or specifying how corporations can get in line with them is not to provide an ethical justification.  Even if a societal norm is consistent with an ethical principle, the norm itself is something that is, rather than a justification for what ought to be. To attempt to derive ought from is is known as the naturalistic fallacy. It is like getting what ought to be from a melon ripening in a field. Is does not imply or justify ought.


This paragraph has been incorporated into the introduction in Cases of Unethical Business, which is available in print and as an ebook at Amazon.

Institutional Conflicts of Interest

Although conflicts of interest do not inevitably lead to unethical conduct, they raise the probability that it will occur. Just as a tornado watch indicates that conditions are favorable to the formation of a twister, a conflict of interest evinces conditions favorable to unethical decisions. Interests conflicting in a conflict of interest pit an obligation against either another obligation or self-interest. That is to say, such conflicts tend to involve deontology and egoism.


The full essay is at Institutional Conflicts of Interest, available at Amazon.

Nationalism in Europe: Forestalling Ever Closer Union

Ask a European if the E.U. government could ever consolidate power from the state governments and you would probably get, Nope, we identity with our respective countries. The problem is, such attachments can change. Indeed, they have changed. Europeans alive after fifty years of "ever closer union" would do well to look back at the U.S. after its first fifty (or one hundred) years to get a sense of how the E.U., too, could change. 

The complete essay is at Essays on Two Federal Empires, available at Amazon.

Health-Care Insurance Reform: A Spectrum of Alternatives with Respect to Federalism

So not to work at cross-purposes, public policy at the federal level of a federal republic should not be at odds with federalism. Put another way, public policy enacted into law that weakens the constitutional archetecture of a governmental system undercuts  is neither prudent nor wise. Heath insurance reform provides us with a case in point. 

The full essay is at "Health Insurance Reform in a Federal System."

1. Robert Pear and David M. Herszenhorn, "Public Option Push in Senate Comes with Escape Hatch," The New York Times, October 26, 2009.

Conflicts of Interest: A Kantian Explanation

In a conflict of interest, either two duties conflict or a duty conflicts with self-interest—whether the “self” be an individual or an association of individuals (e.g., a department or an organization). Where two duties conflict, that which corresponds with the wider “constituency” is presumed to be ethically superior to that which is relatively narrow. For instance, a duty to society is typically thought (admittedly by the public) to ethically supersede a fiduciary duty to stockholders. This assumption is problematic because property rights are not charged with putting society first. Therefore the question of which duty is superior ethically-speaking may come down to one’s vantage-point. To be sure, the duty that is further from one’s self-interest can be said to be superior in most ethical theories with the notable exception of egoism. That theory defeats the typical ethical take on conflicts of interest even where a duty is pitted against self-interest itself.


The full essay is at Institutional Conflicts of Interest, available in print and as an ebook at Amazon.

The Consolidation of Power in the American and Roman Empires: On the Rise and Fall of Empires

The American federal government was for at least a century, and perhaps even longer, primarily involved in defending the new empire and regulating commerce between the republics (or states more generically). By the dawning of the twenty-first century, the U.S. Government had grown both in scope and in the number of employees on its payroll while the governments of the republics had been reduced to functioning as little more than local governments. In other words, Congress had come to act like a state legislature, while the states had accepted their status as mere localities. This fundamental shift with respect to American federalism, as well as the empire-“kingdom”-city arrangement, bears a striking resemblance to the Roman empire. By implication, this similarity might lead us to some conclusions regarding the future the United States within the larger story of the rise and fall of empires.

The complete essay is at Essays on Two Federal Empires.

On Term Limits & Representation in the U.S.: The Anti-Federalist View

In the New York convention for ratifying the U.S. Constitution, Melancton Smith favored having the state legislatures rotating their U.S. Senators rather than keeping the same men in the Senate for life. "It is a circumstance strongly in favor of rotation, that it will have a tendency to diffuse a more general spirit of emulation, and to bring forward into office the genius and abilities of the continent. If the office is to be perpetually confined to a few, other men of equal talents and virtue, but not possessed of so extensive an influence, may be discouraged from aspiring to it"[1] This argument could easily be applied to the people electing U.S. Senators.

The complete essay is at Essays on Two Federal Empires.

1. Herbert J. Storing, The Anti-Federalist (Chicago: University of Chicago Press, 1985), p. 348.

The European Council and the U.S. Senate: Intergovernmental Institutions in Modern Federalism

As part of comparing the U.S. and E.U., pointing to similarities between the U.S. Senate (especially as originally designed) and the European Council is particularly valuable because both institutions constitute the intergovernmental, and thus international, aspect of their respective unions. By contrast, both the U.S. House of Representatives and the E.U. Parliament constitute purely governmental, or “national,” bodies irrespective of the state governments. Hence both the E.U. and U.S. governments are hybrid governmental/intergovernmental, and thus neither national nor international.

The complete essay is at Essays on Two Federal Empires.