Regulation after Bush

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By Barry Ritholtz - November 4th, 2008, 2:00PM

What does the future hold for regulating Wall Street?

Regardless of who wins today’s election, both Barack Obama and John McCain have staked out different positions on issues involving economic regulation – and each is very different than the outgoing president.

The Economists’ Voice looks at what we might expect in the post-Bush era:

While  the  presidential  candidates  have  been  diverted  by  critical  issues  ranging  from  Barack  Obama’s  taste  in  lettuce  to  John  McCain’s condo,  it’s  hard  to  deny  that,  once  elected,  serious  questions  involving  economic  regulation—everything  from  housing  finance  to  alternative  energy  mandates—will  be  front  and  center.  And  here,  at  least,  the  divisions  are  clear:  Obama  would  use  a  heavy  hand  to  push  the  economy  back on  track,  while  McCain  would  do  his  best  to  put  the  free  back in  free  markets.

Or maybe  not.

Ever  since  the  New  Deal,  Democrats  have  largely  accepted  the  label  as  the  party  of  regulation—defenders  of  the  weak  from  the  vagaries  of  soulless  capitalism.  Republicans,  for  their  part, position  themselves  as  the  nemeses  of  the  social  engineers  and  do-gooders  who  would  sap the  economy  of  vigor.  But once in office, reality bites. Thus, with  more  than  a  little encouragement  from  Detroit,  Ike  committed  the  GOP  to  the  biggest  public  works  project  in history— the  Interstate  Highway  System.  Richard  Nixon  imposed  price  controls to contain inflation, while Ronald Reagan  protected  the  swooning  steel  industry  from foreign competitors and the first President Bush championed  market  intervention  in  the  name  of  cleaner  air  and  accommodations  for  the disabled. The second Bush hasn’t stood on principle  either,  lavishing seniors  with  heavily  subsidized  prescription  drugs  and  supporting  bailouts  for  both investment  bankers  and  the  giant  private  mortgage  insurers.

Democrats,  of  course,  have  been  no  better  at  sticking  to  their  script.  Carter  deregulated  airlines  and  trucking,  while  Clinton  deregulated  telecommunications  and  nuclear  enrichment  as  well  as  opening  the  door  to  cheap  Mexican  imports.

Thus, while Obama and McCain may both lull  true  believers  with  the  bromides  of  an  earlier generation,  a  subtler  mix  of  ideology  and  interest  group  muscle  is  bound  to  drive  the  regulatory  agenda  once  elected.  Consider  just  a  few  of  the  big  choices  ahead.

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Source:
“Regulation after Bush”
Robert Hahn and Peter Passell
The Economists’ Voice: Vol. 5 : Iss. 4, Article 5. (2008)

http://www.bepress.com/ev/vol5/iss4/art5

http://www.bepress.com/cgi/viewcontent.cgi?context=ev&article=1389&date=&mt=MTIyNTc5OTY1Nw==&access_ok_form=Continue

19 Responses to “Regulation after Bush”

  1. Fredex Says:

    “An election cannot give a country a firm sense of direction if it has two or more national parties which merely have different names but are as alike in their principles and aims as two peas in the same pod.” – FDR

  2. dead hobo Says:

    I was thinking about what I might answer if someone asked me what to read about if they wanted to learn how to make money in the stock market, let alone work in the investments field. Reading a simple book on garden variety Investments is both fundamental advice and cynical advice since so little of what involves investments comes from a book like that, but you still need to know what’s in it.

    Credit is the big banana, but to get there in the future you will need to know all about derivatives and, hopefully, how most are traded on exchanges. Not like today. Future regulation will encompass stocks, bonds, the current futures and options exchanges, and, hopefully, an exchange where crazy people can place financial bets on whatever makes them itch. If you don’t bet there, then you’re betting with a bookie and on your own. And everything that happens there will be public and settled daily. And steps will be taken to make unregulated derivative investments illiquid as a normal matter of daily commence. The dark markets of ICE and elsewhere will be illuminated or will be marginalized as where crooks go to screw the rubes.

    With the transparency, you will see fewer bubbles, except for the new ways to blow bubbles in the future that nobody knows about yet. Since it only took about 5 years to nearly blow up the world economy once the ball started rolling, cutting some slack is not going to be a good idea. Regulation in the coming era will be about as subtle as an anal probe by a proctologist or an alien.

    Stocks will still be traded, but they’re regulated ok. Ditto with bonds and options and futures. Someone will figure out how to standardize the forward contract on anything and put it on an exchange. That will be the new innovation.

  3. Pat G. Says:

    I still say it’s about being greedy and irresponsible. The way to curb the former is by prosecuting and punishing the latter.

  4. DL Says:

    The politicians will do a good job of fighting the last war.

    They’ll be woefully unprepared for the next one.

  5. karen Says:

    I’m all about the hOpe rally today. The effects of future administration policies are still in the distance, indiscernible, imo. I can only trade what I see right now, which isn’t a lot. And, maybe that’s why the number of posts are down because we are still in no man’s land.

  6. Mike in Nola Says:

    Judging by Maria’s comments on CNBC just now, I think the Dems will ignore regulation and just redistribute wealth. What an idiot.

    On a more constructive note, I thought that the article linked below from the FT saying basically “What about all the other swaps?” makes a valid point. We need transparency. If you looks at Fidelity’s money market funds, including it’s alleged treasuries fund, it’s full of currency swaps. We’ve already discussed that the ultrashort and ultralong ETF probably use swaps. And, I even bought a bond fund a few months ago which had a good exposure to yen (just on a hunch), but it turns out some of that exposure is currency swaps. A chain reaction in non-CDS swaps could do lots of damage.

    http://www.portfolio.com/views/blogs/market-movers/2008/11/03/exchange-traded-derivatives-why-stop-at-cds

  7. truth08 Says:

    This is why I just can’t bring myself to support either of the two mainstream, established parties. Their actions don’t match their rhetoric, but no one holds them accountable and people continue to vote based solely on what is said. It’s ridiculous.

    I know some people that have worked in DC for a long time, and they say there are some plans in the works for HUGE regulation. My Republican friends are afraid that Obama will exacerbate the regulatory push, but as Barry points out, he’s more likely to do the opposite. What a mess

  8. batmando Says:

    @ karen
    I unloaded RIO and VLO today (at ~30% gain) which I picked up a few weeks ago when you said you were nibbling at them.
    Figure today’s up market might well be the major part of a rally for an Obama win.

    @Steve Barry
    Are you out there? Can’t recall seeing you comment here on http://www.rtholtz.com/blog.
    Did QID below 60 today move you to add more on?

  9. DL Says:

    Mike in Nola @ 3:31

    “A chain reaction in non-CDS swaps could do lots of damage”

    Maybe they’ll just backstop that also.

    Then again, given Obama’s almost certain win, Bush and Paulson may be able to resist their urge to bailout and backstop everything and everyone.

  10. karen Says:

    I’ve already seen evidence of McCain supporters/traders over eager to short this rally, and repeatedly having to cover. It may have longer legs than anyone suspects. I’d love to see an Obama win trigger a gap up open tomorrow; but that may just be a fantasy : )

  11. Mannwich Says:

    The thing that nitwits like Maria B. and others on CNBC & Wall Street STILL don’t seem to understand is that most average Americans revile all that Wall Street (and CNBC) stands for and doesn’t care what they think anymore. More and more people seem to realize that too often what’s good for Wall Street comes at the expense of everyone and everything else in this country, yet the flacks and hacks on CNBC still operate in a kind of “bizarro world” bubble that’s impervious to all reality outside of Wall Street and NYC.

    Do you think Wall Street is a mere shell of its former self/size in the coming years, that this bubble will burst? Perhaps not burst, but like our markets, I’ll bet the air slowly leaks out over time and ends with a whimper…….

  12. nyxjf Says:

    Anyone else sold their long positions & took profit? I did….

  13. DL Says:

    nyxjf @4:48

    “Anyone else sold their long positions & took profit?”

    It sure seems like it’s about time that the S&P retraces some of the gain from 850 to 1000.

  14. AGG Says:

    With all due respect to the consensus opinion expressed here and all over the media that “markets” are or are not sufficiently regulated, I urge you to stop looking at labels like “markets” and “regulation”. Why? Because humans with names and addressess, assets, chronies, friends, interrconnected insider networks, etc. are the deciding factors. So as long as the guilty continue with impunity, the excesses will continue. For example, no amount of congressional grandstanding about steroids for baseball players will stop the abuse in baseball for the same reason. Yes, I know it’s easier to put broad labels on things like political parties and whatnot but it’s intellectually lazy and at times also misleading (sometimes deliberately so). We can all agree that one of the first things a trader learns is to keep his mouth shut unless what he/she says will benefit their trading strategy. This prostitution to profit is in conflict with empirical reality. Hence, the continual cons. So what am I saying, here? NO REPERCUSSIONS FOR ILLEGAL BEHAVIOR WILL BRING NO CHANGE! We need names, dates, events. We need people that post HERE who know damned good and well who a lot of the rats are to go to the authorities with evidence for convictions. We need to stop the status quo love affair of “I’m a good person just trying to mak a little money” and “all the evils of the world are not my problem”. It’s cowardly, craven and socially destructive. Get off your ass and risk something besides a few bucks in a rigged market. This is a big picture site. The big picture is and has always been that today’s pig is tomorrow’s bacon. You say you love your country. I say bullshit. You love you house, car, kids , spouse, family and friends but you could give a shit about your country because outside your circle of people and things, you won’t lift a finger to improve society. I wish I was wrong.

  15. Vermont Trader Says:

    Maybe they can start with this..

    “ETFS WITH 300% LEVERAGE TO LIST
    Direxion Funds is preparing to list exchange-traded funds this week that would provide 300% leverage to market indexes on both the long and short side and would be the first ETFs to use three-to-one leverage. ”

    Does anyone else think that 3x leverage inverse ETF’s shouldn’t be allowed in IRA accounts?

    I still have no idea why anyone would want anything to do with these things….

    Still 50% long……. my best year ever so far..

  16. DP Says:

    @nyxjf: I took today as the gift it was – a chance to get out, sit back, chill out, and wait. Some nicely in the money KOL, UYM and MOS covered some bags I was holding from before October. Kind of depressing I’d be about at the same place if I had done absoultely nothing at all this year but it sure was a learning experience and, as I said, being able to get out roughly break even on the year right now, to me at least, is a gift.

  17. x22steve Says:

    Man, Barry, you have got to be one of the biggest Bush-despising partisans around. I bet you don’t miss a minute of Keith Olbermann. Get over it, dude. I’m no Bush fan, but I don’t live to hate him. If Obama is president eight years, we’ll be sick of him, too. Meet the new boss, same as the yada yada yada

  18. Barry Ritholtz Says:

    No, I’m more of a The Daily Show fan.

  19. Ventura2012 Says:

    Maybe if Barrak Hussein Obama gets elected Barrys Dow 6800 prediction will become true. Man this new site is not very user friendly. Maybe I will start reading Luskin’s blog. If I am going to read political propaganda I might as well read non liberal propaganda.