Thursday, October 20, 2016

Separation of Business and State



Today the Trump Administration is going after the Dodd-Frank law and a regulation designed to force retirement advisers to work in the best interest of their clients called the fiduciary rule.  Trump want to claim to the the champion of the common man, but both these changes only benefit the very wealthy at the expense of the common man.  Dodd-Frank was create to offset some the deregulation of Depression Era legislation that was design to prevent a recurrence of the Great Depression.  Within 10 years of the repeal Glass Steagall Act from the Depression Era, this country experienced the Great Recession of 2008 which took the majority of middle class wealth from the middle class, and put it the portfolios wealthy bankers and other financial con men. 

October 29, 1929 (aka Black Tuesday) is a dark day in the history of the United States and all the rest of the world.  It is the day that officially marked the end of some several years of wild speculation and unbridled economic debauchery and heralded a decade of the worst economic times in modern history.  The descent into this Great Depression started in the United States on Black Tuesday and smothered the world with devastating effects that lasted for years. 

The postmortem of this financial disaster identified many causes with irregularities in the banking sector at the top of the list.  A number of legislative measures were enacted to prevent the recurrence of these problems, and among them was The Banking Act of 1933 (better known as the Glass-Steagall Act).  Years of stable banking followed the passage of Glass-Steagall, but some thought that certain provisions in the Glass-Steagall Act were unreasonable and have lobbied for its repeal in all the years since.  These efforts were largely successful on November 12, 1999 when President Clinton (D) signed the Gramm (R)-Leach (R)-Bliley (R) Financial Modernization Act of 1999 into law gutting some of the major provisions of the Glass-Steagal Act.  Nine years after this 'modernization', the United States was the source of yet another wildly speculative banking/finance scheme that brought the world to the brink of the worst financial crisis since the Great Depression.  Coincidence?  I don't think so.  The resulting financial crisis was all too strikingly similar. 

For the last 30 years, business interests have been busy working an aggressive political agenda to roll back decades of business regulations and corporate/personal taxes.  They say these regulations and taxes are an unreasonable obstacle for business that hinders job creation.  They say they want to take us back to a Golden Age when capitalism was vital and unconstrained, and everybody was in the queue to be fabulously rich.  Though they are not terribly specific about the exact time of this Golden Age, it appears to be the late 19th century.

After the Civil War, this country experienced a very rapid expansion of economic growth.  Fortunes were made, and empires were built, but in this financial feeding frenzy, it became apparent that many of these fortunes and empires were acquired by less than honorable means.  Free markets were manipulated, labor was exploited, politics and businesses were corrupted, and the majority of people in this country (i.e. consumers and labor) were being exploited for the profit of the few.  Instead of being a Golden Age, it become known as the Gilded Age taken from the Twain/Warner novel The Gilded Age:  A Tale of Today which satirized the greed and political corruption of that time.  The gold of that age only existed as a thin gilded layer over a much larger piece of base metal.  It only had the appearance of gold from the outside, much like the distribution of wealth in this country today.

The unfairness of this 19th century situation was brought to light by a number of reform oriented thinkers many of whom were writers like Twain and Warner.  Their thinking set the stage for the Progressive Era that followed during which a number of legislative and policy measures were enacted to correct these social inequities.  Notable among these measures are:

Free Market Manipulation:  The Sherman Antitrust Act (1890) was passed to prohibit certain business activities (e.g. cartels and monopolies) that reduce competition in the marketplace and establish a way for the United States federal government to investigate and pursue business entities suspected of being in violation.  The Clayton Antitrust Act (1914) extended the Sherman Act by specifying particular prohibited conduct, the three-level enforcement scheme, the exemptions, and the remedial measures.
Political Corruption and Election Rigging:  The Tillman Act (1906) was passed to prohibit corporations from making direct money contributions to candidates during elections.  The Tillman Act was extended with the Publicity Act (1910) (aka the Federal Corrupt Practices Act) by adding and extending its range to include primary elections.
Food and Drug Safety:  The Pure Food and Drugs Act (1906) prohibited interstate commerce in adulterated and misbranded food and drugs creating the regulatory functions that in the 1930's became the Food and Drug Administration (FDA).  Also in 1906, the Federal Meat Inspection Act was enacted to prevent adulterated or misbranded meat and meat products from being sold as food and to ensure that meat and meat products are slaughtered and processed under sanitary conditions.
These pieces of legislation and others were embellished and supplemented with other legislation over the last 100 years to become a body of works to protect free markets, minimize corruption, and protect consumers and labor.  These social revelations and the legislation they spawned were not popular with much of the big money that was benefiting from the status quo at that time.  Simply put, some of the wealthy did not want to give up their unfair advantages.  The question ever since for them has been how best to undo all this 'progressive' thinking that happened after the last capitalist feeding frenzy of the Gilded Age.   

These deregulation efforts were largely ineffective until the 1980's when these business interests formed an unholy alliance with religious extremists (aka the Christian Right) who were motivated to make abortion illegal and undermine the Constitution mandated separation of church and state so that they could declare themselves our state religion.  This move brought many voters motivated by religious and anti-abortion fervor into blind aligence with the corresponding business agenda without question even though it in many case this business agenda was not in their best interests.  This coming together of big money and big religion was not actually so surprising because the big religion business of fleecing the flock has made many 'religious' leaders very wealth.  The wealthy religious leaders benefited from the entire Conservative Agenda religious and business (http://www.charitywatch.org/articles/Televangelists_Lack_Oversight.html ).

The result has been a protracted, multi-front effort that 1) acquired politicians through funding and base support, 2) stacked the courts with persons sympathetic to their agenda, and 3) infiltrated and undermine regulatory and policy generating agencies.  After 20 years of carefully conceived staging, the coup started in earnest with the landmark gutting of Glass-Steagal in 1999, and a financial feeding frenzy began that brought our economy to the worst financial crisis since the Great Depression in less than a decade of elapsed time.

The simplest approach has been the direct purchase of politicians with campaign funding and out right gifts of cash, merchandise, and services.  Properly primed (aka bribed) politicians can generate legislation to eliminate or water down existing laws and policy such as executive orders.  This simple approach has been hindered by the 1906 Tillman Act which was enacted to stop the practices at the end of the Gilded Age.

Another more covert way of relaxing regulatory control has been the infiltration regulatory agencies by persons sympathetic to business interests.  For example,

Finally when all else fails, it is important to stack the courts with judge appointments sympathetic to business interests.

The separation of church and state was pure genius, and had the business of the time been as large and meddlesome in the days of our countries founding, business would have been separated from the state by constitutional amendment in the Bill of Rights too.

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