The Best Tuition is No Tuition (for Public Colleges)

Once again, somebody has replicated a core idea of Fubarnomics and made hay with it. The latest is Robert Samuels, who argues in a book and in the Chronicle of Higher Education that public colleges shouldn't charge tuition. No sh*t! What he misses (in the Chronicle anyway --  I have yet to read the book) is the notion that what we need is a GI-like bill for all young people, i.e., some way for them to earn money for college (public or private) while, well, growing up and sowing their wild seeds. No, I don't want to send all our kids to Afghanistan but rather to give them options like the Peace Corps, Habitat for Humanity, National Park service, etc. They will be better students for it as they will come to the classroom with some real world experience and additional maturity. Moreover, they will have paid for their education with their sweat and so will take it more seriously than if it is just handed to them by the government, or mommy and daddy.

"Are regulatory safeguards in place to ensure that there would be no wrongdoing, no breaches of contract?"

That is the question I posed on page 221 of Fubarnomics regarding the acquisition or failure of for-profit colleges. Unfortunately, nobody paid any heed to that book, or its chapter on higher education called "3rd Rock from the Sun." Now students, profs, and other stakeholders are paying the price. For details, see "Closures of For-Profit Campuses Point to Gaps in Oversight" in the Chronicle of Higher Education, A3, August 2, 2013.

Americans hate taxes now more than ever

This infographic just came in. It is from http://www.master-of-accounting.net/taxes/.


Image source: www.master-of-accounting.net

Student Debt Bubble

"Will Student Debt Be America's Next Financial Bubble?" is the latest of a number of articles/blog posts to wonder aloud whether student debt will lead to another financial crisis. The authors of such pieces have every right to be worried about another financial crisis as the root causes of the last one largely went unaddressed by Dodd-Frank and other regulatory reforms. I think student debt an unlikely first cause of the next crisis, however, because a market blowup would require a level of unemployment among recent grads not likely to be achieved without some other major economic shock occurring first.

Student debt is not a cause of the financial problems facing U.S. Higher Education sector but rather a symptom of high and rising costs. A widespread reorganization of the sector is in the offing: some schools will close; others will merge; others will look drastically different in five years. The cause of high tuition I ultimately trace to colleges having the wrong ownership structures: state ownership; stockholder ownership; and trustee ownership all create dreadful incentives for containing costs while maintaining quality. See my Fubarnomics for details and solutions.

Economy/Policy: Which Comes First?

Below is the substance of my remarks made at the teacher's institute at Mt. Vernon on July 17:  

By Robert Wright, Nef Family Chair of Political Economy, Augustana College SD, for the George Washington Teachers’ Institute, Mt. Vernon, Virginia, 11 am to noon, 17 July 2013

Nancy Hayward, the director of this little shindig, asked me to address two questions this morning. The first is the extent to which the economy drives public policy and vice versa. The second is how the Washington administration, particularly the financial reform program implemented by Alexander Hamilton under Washington’s leadership, is relevant to policy issues today. The two questions are intimately interrelated and so shall be the answers, which I will endeavor to make quite explicit.

First, I’ll argue that the economy and policy are co-determined, but only broadly. With just two pieces of economic information, per capita income and percentage of GDP derived from natural resources, I can broadly describe a nation’s major policies and institutions. Conversely, I can predict the order of magnitude of a nation’s per capita GDP based on a general description of its major policies and institutions without any knowledge of its geography, history, or other variables. This isn’t a parlor trick but rather stems from the empirical fact that, with the exception of a few major oil producers, nations that provide its denizens with more economic freedom -- that do a better job of protecting life, liberty, and property as Washington and Hamilton put it – have higher per capita incomes than nations that have more restrictive policies – that practice tyranny in Washingtonian and Hamiltonian lingo.

In other words, nations with per capita GDP in the tens of thousands of dollars allow their citizens to start or shutter businesses quickly and cheaply, have courts that provide what Adam Smith called a “tolerable administration of justice,” keep inflation -- what Hamilton and Washington called currency depreciation – in check, and so forth. The details can be downloaded from the Fraser Institute’s website. The economy of the United States currently ranks tenth freest in the world, in case you were wondering, but has been falling in absolute and relative terms since the financial crisis of 2008. The six freest economies today are those of Hong Kong, Singapore, Australia, New Zealand, Switzerland, and Canada, in that order.

The world’s poorest nations, those with per capita incomes in the hundreds of dollars per year, are the least free because they wallow in anarchy or under the heel of a despot -- as Washington and Hamilton would have said. In such places nobody has any incentive to do other than to live for the morrow as Adam Smith put it. So they do not invest in the future and quickly convert investments given to them from abroad into current consumption because that is the rational thing to do when one’s life or property seem likely to be stolen by a brigand or a tyrant.

Middle income nations, those with per capita incomes in the thousands of dollars per year, are betwixt the two polar extremes but interestingly there are relatively few such countries in existence at any given time as most, like China currently or Japan near the end of the life of Hamilton’s wife Betsey, are either ascending toward the top or, like Argentina in the 1930s and 40s and Somalia in the 1990s, descending toward the bottom.

What I can’t do is tell you the economic effect of specific policies, mostly because most matter so little in the big scheme of things. Consider, for example, raising the federal minimum wage. Adam Smith, Alexander Hamilton, and most economists today explain that a minimum wage law increases wages for some while reducing wages for others by rendering them unemployed. Parsing out the overall economic effect of that is difficult and in the end usually nets to approximately zero. Thousands of other policies are also more about redistribution or reallocation of existing resources rather than expanding or shrinking the overall size of the economic pie. Think about it: policies that definitely expand economic activity in a major way would be political juggernauts certain to pass provided, of course, that they did not threaten entrenched interests. Conversely, policies that definitely shrink the economy would be dead on arrival politically. So most new policies are, in and of themselves, rather minor affairs of great interest to a few but rightly unnoticed by most.

Most major policy reforms, therefore, tend to be initiated during crises or as a reaction to them: the sundry troubles of the 1780s, the Civil War, the Great Depression, and financial panics like those of 1907 and 2008. Many of the nation’s worst policy mistakes, like Social Security and Medicare, began as relatively modest programs but over time grew into the GDP draining monstrosities we love and hate today. The Social Security system, for example, did not include disability insurance until the 1950s and did not include most Americans until the 1960s.

Other major drains on the economy, as outlined in my 2010 book Fubarnomics, include the custom construction industry, higher education, real estate, healthcare, and the continued subterranean existence of slavery both at home and abroad. Policy improvements in each of those areas would raise GDP by non-trivial amounts, or so I argue, because sundry policies, enacted piecemeal over decades, led to the dysfunction apparent in each of those parts of the economy. Fundamental reform has proven difficult, however, because those piecemeal policies created entrenched interests that fight reform at every turn. Imagine how my tenured colleagues reacted to my suggestion that professors should own their colleges in professional partnerships, especially when they learned that such a form of ownership would entail putting a monetary value on tenure. It went over like … well, do people still use the expression like a fart in church?

It is also difficult to get people to listen rationally to reforms based on a private-insurance healthcare system when they don’t understand the differences between mutual corporations and joint-stock companies, differences of course familiar to both Washington and Hamilton. If people coming out of high school knew the differences between the two types of business, we’d have many more credit unions and a lot fewer deposits in the big banks that almost brought down the financial system five years ago.

So, again, I think that policy and economy are broadly co-determined in the sense that scholars can predict one if they know the other. Most specific policies, however, have little net effect on per capita output. In the aggregate, however, they affect the economy by increasing or decreasing the overall level of economic freedom. In nations with representative governments, truly bad economic policies, like the New Deal’s National Industrial Recovery Act, will be short-lived if they see the light of day at all. Growth positive policies, however – like the ones that I come up with -- can be stymied by entrenched interests and/or public apathy or ignorance.

And that leads me to suggest that policies and the state of the economy are co-determined in another way as well. Nations that are very poor do not suddenly adopt enlightened – as Hamilton and Washington would say – pro-growth policies. Rather, upwardly mobile countries, from Holland in the seventeenth century to China in the twenty-first, tend to have some economic spark first that is subsequently built upon as their policies improve. So if this looks like a chicken-egg problem to you, it essentially is. Economic freedom causes economic growth but is also caused by that growth. The American Founding can be used to make this point. The U.S. Constitution and Hamilton’s financial reforms did not so much outright “cause” the two plus centuries of economic growth that followed as they “sparked” or “unleashed” it by initiating a positive feedback loop between increased incomes and increasingly freer policies, or by extending existing policies to new groups such as women, immigrants, African Americans, and I hope to be able to one day say Native Americans as well. Americans entered the late 1780s with an economy that was moribund but they still possessed significant capital: physical capital in the form of land and improvements, tools, and livestock; human capital in the form of some formal education and extensive amounts of work experience; financial capital in the form of some money and lots of IOUs, though both were of tenuous value. By protecting existing capital to an extent that Americans had not known since the Imperial crisis began in the early 1760s, the Constitution provided people with incentives to create more. Soon after, Hamilton and his reforms, especially funding, assumption, the Bank of the United States, and state corporation law, allowed for the creation of more and better financial capital.

So that is one way to make Washington and Hamilton relevant: to cast them not just as creators of our political system but also of our economy, which is why I named my first born son Alexander Hamilton Was Wright. Yep, that’s right, Alexander Hamilton Was Wright. Look it up in the Wall Street Journal. Anyway, the story I have related about Hamilton and economic development in One Nation Under Debt and sundry essays is rather different from the standard one, which makes some silly assertions about tariffs, factories, and government planning. Hamilton’s contribution to economic growth was through institution-building, particularly the Constitution and the Treasury Department, and policies that led to capital market development – funding, assumption, and the Bank of the United States again -- and also the easy entry of corporations, which proliferated widely in the 1790s and 1800s thanks in part to precedents set by Hamilton, who helped to establish the Bank of New York and the Merchants Bank of New York as joint-stock companies without the government’s charter or other official stamp of approval. Had he lived, I am sure that Hamilton would have championed general incorporation laws, in which case American entrepreneurs may have enjoyed the benefits of those salubrious policies decades earlier. Corporation formation and economic growth were deeply intertwined, or so I argue in Corporation Nation forthcoming from Penn Press this December.

But we can’t stop here in our quest for relevance. The views of Hamilton, Washington, and their contemporaries are relevant to almost every major policy topic, economic or otherwise, today. History doesn’t repeat, of course, but as Mark Twain said, it does rhyme, sometimes quite closely. So today we debate abortion instead of infanticide. Influenza epidemics today loom as large as yellow fever did in the 1790s. Inroads against smallpox mirror those being made against cancer today. Muslims quote unquote terrorized American ships in the 1790s. Interestingly, in the 1790s it was Americans who spilled over the border into Spanish lands. International trade policies spurred riots in the 1790s as well as the 2000s. I’m thinking Jay Treaty and Seattle of course. In the 1790s, small farmers and retailers found it impossible to compete with larger, more efficient rivals. And on, and on, and on. So from my point of view, the issue isn’t so much whether or not the 1790s are relevant today – they certainly are, as is every other era of the nation’s past – it is whether individual teachers have the skills and knowledge to draw out the connections effectively in the classroom because doing so requires knowing students and pedagogy inside and out but also current topics and, most daunting of all, details of history not found in high school or even college textbooks.

I certainly can’t tell you about your students and the last time I studied pedagogy in earnest was in the late 1980s, when I was contemplating becoming a high school teacher. I can, however, try to guide you regarding the public policies I know best and that are most likely to arise in your classrooms in the next several years.

The most obvious of these is the federal budget. Hamilton is often quoted as having written that a national debt … then ellipses … will be to us a national blessing. The ellipses leave out a crucial caveat: quote if it is not excessive. unquote That phrase of course begs the question of what differentiates an excessive national debt from a healthy national debt, a topic that was hot in the news a few months back when a graduate student found a major computational error in an empirical paper by a couple of economist hot shots who argued that a debt to GDP ratio of 90 percent is the cutoff between health and excess, between a national debt being pleasantly plump and morbidly obese. Hamilton took a more nuanced approach and argued that a national debt is excessive if it leads to a hard default or in other words a missed interest or principal payment, or if it causes a soft default or in other words inflation, or if it significantly raises the real interest rate and thereby reduces private investment, or if it necessitates tax increases large enough to stymie economic growth. Under the Articles of Confederation the national debt was clearly excessive, breaking all four criteria. Under Hamilton’s tax and financial reforms – again the great trinity of funding, assumption, and the national bank – the national debt went on a diet and became a blessing.

In the same famous quotation just mentioned, Hamilton also says that the national debt will serve as a quote powerfull cement of our union unquote. What he meant was that people who owned federal bonds, the Sixes, Threes, and Deferreds create by his funding and assumption reforms, would have strong incentives to support the new national government so as to keep up the value of their bonds. That could lead to a classroom discussion about how the national debt today keeps foreign creditor nations like China and Japan interested in the prosperity of the United States and how Social Security and other entitlements keep individuals from contemplating the demise of the U.S. government, despite the modest box office success of not one but two recent presidential snuff films. Deficit financing -- enlarging the national debt every year by borrowing -- ensures that every state in the Union receives more federal money than it pays into Washington’s coffers and thus keeps secessionist movements on the fringe.

The size of the government as a percentage of the economy is another obvious topic to grow out of discussions of the federal budget but it is a tricky one because many people, perhaps even you, learned that Jefferson wanted a small national government while Hamilton wanted a large one. In fact, Hamilton wanted a large government only relative to Jefferson’s vision. From today’s perspective, both wanted a miniscule government. Under Washington and Adams, federal revenues averaged just 1.72 percent of GDP. Under Jefferson, they averaged 1.67 percent, or less than 1 in every 50 dollars of value created by the economy. From 2001 through 2010, federal revenues averaged 20.56 percent of GDP, or just over 1 in every 5 dollars of value created by the economy. That naturally begs the question of what the government does now that it didn’t do then and that could lead to a fruitful discussion of U.S. foreign policy – Washington’s Farewell Address anyone? – or to the constitution of American military forces and the debates over militia versus regular forces and Navy frigates versus privateers or Jefferson’s littoral defense forces. It could also lead to a discussion of America’s changing role in the world and so forth.

The issue of enlarged government could also lead to discussions of transportation infrastructure and their provision mostly by private corporations or state and municipal, not federal, governments during the Early Republic and antebellum eras. Some students might wonder about old age annuities and healthcare, leading to discussions of changes in the age structure, the development of the medical profession, and the long tradition of what we might term private or family income security.

Another budget-related topic almost certain to appear in the news over the next year is the debt ceiling, a kooky institution that emerged during World War I and that is diametrically opposed to Hamilton’s view of public finance. Hamilton, and presumably Washington, believed that the government should not borrow money without first securing a stream of revenue to repay it. Today, Congress raises the debt ceiling, then worries about how to pay for the newly authorized obligations. Another important tidbit here is that Hamilton and his contemporaries generally thought of taxes in terms of dollars actually raised, not in terms of tax rates. So they didn’t get into theoretical disputes about the revenue effects of raising tax rates, they adjusted tax rates until they supplied the sum of money the government needed, whether that meant moving tariff and tonnage duties and excise taxes up or down. It is absolutely essential to understand that Hamilton did NOT, repeat did NOT, advocate protective tariffs, tariffs designed to allow domestic manufacturers to compete against foreign ones. Rather, his tariffs were for revenue purposes and in his famous Report on Manufacturers, which more people cite than actually read or understand, he ultimately decides that production bonuses are more efficient at promoting manufacturing than protective tariffs are, and does so on proper theoretical grounds I might add.

Sequestration is another budget topic likely to remain in the news. This one is best handled, I think, with reference to Jefferson’s claim that in democracies politicians do not have incentives to “tax and spend” because the tax part will cost them in the next election as much as the spending part will benefit them. Rather, politicians have incentives to “borrow and spend.” That way, their constituents get a new freeway, a low cost college education, or what not, but don’t suffer higher taxes. Not today anyway. Economist David Ricardo showed two centuries ago that government borrowing is simply a form of deferred taxation but not many people know that, or don’t care if they do. As a result of the electoral incentive to borrow and spend, politicians are unlikely to enact a policy of taxing and cutting spending and many economists provide them with theoretical support by arguing that increasing taxes while cutting government spending is a recipe for recession. Sequestration, therefore, was a political ploy to cut spending and raise taxes without anyone getting blamed for it, or getting caught in the Congressional Record voting for a serious dose of fiscal austerity.

Other topics that may reappear in the news in the next few years are government bailouts, corporate governance, and corporate influence on politics and government. Bailouts were big news during the 2008 fiasco and will become so again when, not if, there is another financial crisis. Some observers are already warning of another looming breakdown. Corporate governance was an important component of the 2008 crisis and also about a decade ago when Enron, WorldCom, and other presumably multi-billion dollar corporations evaporated overnight. The Sarbanes-Oxley and Dodd-Frank reforms have not helped matters so it is only a matter of time before a big corporation falters and corporate governance is again big news. And the Citizens’ United decision remains wildly unpopular and may be challenged in court or by new legislation. The founding generation, and Hamilton in particular, have much to say about all three issues.

In early 1792, the United States suffered from a financial panic, a period when the prices of financial assets, like government bonds and bank stocks, plummeted quickly, leading to panicked selling, widespread credit distress, sky-high interest rates, and bankruptcies that interacted in a nasty negative feedback loop or downward cycle like the circling of water in a toilet bowl. Working in conjunction with the Bank of New York and the Bank of the United States, Hamilton squelched the panic by inventing a rule that would later become known as Bagehot’s rule. During a panic, the lender of last resort, Hamilton and later Bagehot said, should lend freely at a penalty rate to all borrowers who can post good collateral. The effect of the rule is two-fold: first, it quiets panic because all solvent individuals and companies are assured of being able to borrow if they have to, so they stop selling assets at distressed prices for cash and thereby short-circuit the feedback loop slash stop the toilet flush. The penalty rate ensures that borrowers will go to the lender of last resort only when they cannot find a private lender. Second, the rule forces insolvent individuals and companies into bankruptcy so it does not increase what economists call moral hazard and what mere mortals like us call excessive risk-taking.

Hamilton’s nee Bagehot’s Rule is a much different policy from that followed by the Federal Reserve today, which responds to panics by lowering interest rates for everybody, including poor depositors and bondholders, and lending on flimsy collateral and only to banks. The Fed’s actions as lender of last resort are part of the reason that Rand Paul and others have tried to audit it and talk of eliminating or drastically reforming the century-old institution is the loudest it has been since the Great Inflation of the 1970s or even the Great Depression of the 1930s.

Assumption of state debts was also a type of bailout of state governments. Hamilton made clear, however, that the bailout was justified only by the origins of the debt in the common cause of the Revolution and by the Constitution’s prohibition of state tariffs, long a major source of revenue for colonial governments. He also made clear that he opposed future federal bailouts of state government debts for fear it would render them profligate and for the most part his advice has been heeded. The states that defaulted on their bonds after the Panic of 1837 received no federal aid and the debts of the Confederate government and the rebel states were disavowed by Constitutional amendment. The connection here is to states with large deficits like California and also to the Europe Union and its pigs problem. That problem, by the way, is pigs spelled P I I G G S, which is short for Portugal, Ireland, Italy, Greece, Great Britain, and Spain.

Corporate governance usually makes the news in the form of failed corporations or high executive pay. Today, stockholders have very little say in how corporations are managed because executives control proxy votes and/or shares with super voting rights and stockholders have little legal recourse. Unsurprisingly, big businesses are essentially run by executives, for executives, and that leads to “Heads I win big, tails I win bigger” contracts: huge bonuses, stock options that reset when conditions become unfavorable, and golden parachutes that reward executives for failing with more money than we will make in our entire lifetimes – everyone in this room combined in some cases. Washington and Hamilton were involved in the formation of several early corporations, foresaw the possibility of such shenanigans, and put effective checks and balances against them in place. One was capped or prudent mean voting rules that ensured minority stockholders had some say in how corporations were run. Another was the concept of ultra vires – corporations were chartered or associated to operate in specific industries thus limiting managerial discretion. Perhaps most importantly, executives were beholden to a board of directors, the members of which were truly independent and compensated solely by the company’s bona fide economic performance. Stockholders could inspect the company’s books, order independent audits, and oust directors and officers that tried to expropriate corporate wealth. The system was imperfect, as all things of the flesh are, but far superior to what passes for corporate governance today. Due to policies that bar their active participation in governance and that have limited their ability to buy out underperforming companies, most institutional investors that discern governance problems at corporations in their portfolios simply sell out, passing the problem onto unsuspecting individual investors.

Corporate governance has not been improved partly because the issues involved are arcane ones for most Americans, not topics regularly discussed in college courses much less high school ones or even informally around water coolers. Another reason that governance problems persist is that corporations, or rather the executives that run them, have considerable political influence, influence enhanced by the Supreme Court’s ruling in the 2010 Citizens’ United case. In its infinitesimal wisdom, SCOTUS held that corporations were just agglomerations of people and hence that their political speech is protected by the First Amendment. That opened the door to the SuperPACs and what not so thoroughly satirized by Stephen Colbert and his Report and elsewhere. Of course Washington, Hamilton, and the other Founders did not consider corporations people in any sense of the term but rather referred to them as a corporate body or a body politic. When John Marshall used the term person in connection with corporations he did not mean a natural person, or human being, but rather what we would today call an entity. Even the conservative Cato think tank concedes this but ignores the implication that entities created solely to influence elections are anathema to most Americans now and the Founders to a man, and I suspect to a woman too, but you should ask Cokie Roberts about that. Early corporations – through the Civil War at least – were clearly creatures of the state and suffered only because the state could dismantle them at will if they threatened the public good. Nobody asserted the right to incorporate to influence elections and if they had they would have been burned in effigy or given a nice bath of tar and feathers. Now there is a nice hands-on activity for your students.

Seriously, how to get any of these ideas across to your students is beyond me, unless you happen to teach AP American History. As I conceded earlier, connecting past and present is not easy to do at all and is really hard to do well. If you would invest a summer and a few hundred dollars you could read all my books and articles and talk glibly about all of these subjects. A few dozen more summers spent reading the work of some other policy historians and you’ll be all set to begin thinking about the pedagogy involved. That is completely tongue in cheek, of course. The best approach, I think, is for those of you who enjoy these topics to develop lesson plans, have them vetted, solely for accuracy of content, by somebody like me, and then share them widely with other educators.

I hope you have questions; we certainly have time left for me to try to address them.

Bailouts in History: A Common Solution?

Bailouts in History: A Common Solution?

By Robert E. Wright, Nef Family Chair of Political Economy, AugustanaCollege SD for the German Historical Institute, Washington, DC, 27 June 2013

[What follows is the substance of remarks I made at the GHI tonight. Unfortunately, the dozen or so excellent questions and remarks made by audience members in the q&a were not recorded and I can't do adequate justice to them from memory or my notes.]

A “bailout” -- a noun -- occurs whenever a government aids or “bails out” -- a verb -- a financially distressed business, industry, or another government. The noun and verb forms both evoke three emergency-related metaphors, emptying water from a sinking boat, parachuting from a doomed aircraft, and being allowed out of jail before trial. Bailouts are examples of a wider group of government resource transfers called subsidies or corporate welfare and should be differentiated from disaster relief, or aid designed to counteract distress caused by natural or manmade forces outside of the bailout recipient’s direct control and usual line of activity. Some bailouts entail no loss to creditors, employees, managers, owners, or other stakeholders while others protect only uninsured creditors or other preferred stakeholders. Some bailouts are systemic while others aid only specific entities.

Throughout the last few centuries, bailouts have taken numerous forms, including, but not limited to the following, in no particular order:

1.      asset purchases: where the government buys assets from troubled entities at above market prices;

2.      cash: where the government gives troubled entities money;

3.      contract flexibility: occurs when the government allows a troubled entity to receive full payment for late or substandard goods;

4.      criminal prosecution immunity: happens when the government does not prosecute individuals who have committed illegal acts in order to protect the troubled entities that employ them, as recently occurred in the HSBC terrorism case;

5.      subsidized insurance: is the practice of governments insuring troubled entities or their liabilities for free or at below market premium rates;

6.      contract process manipulation: takes place when a government ensures that a troubled entity obtains a government contract, typically by issuing a “no bid” or “sole source” contract;

7.      unwarranted deregulation: occurs when a government deregulates a troubled industry in order to increase its profitability, rather than from evidence that the former regulatory structure was unfair, inefficient, or otherwise deficient;

8.      liability forgiveness: is the name used when the government forgives the debts a troubled entity owes it;

9.      loans: are cash payments made by governments to troubled entities with the expectation of later repayment;

10.  loan guarantees: are the name given to repayment promises that governments make to private lenders to induce them to lend to troubled entities;

11.  market power creation: occurs when governments allow troubled entities to become more like monopolies and have more control over their input costs and/or the market prices of their output, as when they relax anti-competition laws or outright encourage the formation of price-fixing cartels;

12.  compensated nationalization: occurs when governments buy a controlling interest in troubled corporations from stockholders at above market prices;

13.  physical infrastructure improvement: is a type of bailout wherein a government provides a troubled entity with technology or physical capital, like manufacturing plants, for free or at below market prices;

14.  regulatory forbearance: is the process of relaxing the enforcement of existing regulations to make it easier for troubled entities to earn a profit;

15.  unwarranted research grants: are sometimes granted by governments to troubled entities to pad their revenues;

16.  securities purchases: occur when governments buy the bonds, equities, or preferred stock of troubled institutions;

17.  tariffs and other forms of protection from foreign competition: are used by governments to help troubled entities to compete against foreign companies;

18.  tax breaks: when granted by governments can render troubled entities profitable or at least ease strains on their expenditures.

Any of those types of bailouts can save a troubled company or industry from bankruptcy because they all entail a transfer of resources from one group, usually taxpayers, to another, the troubled entity or industry. The government and the bailout recipient usually justify the transfer by arguing that the recipient is too important to the economy to be allowed to go bankrupt because too many jobs will be lost and/or the financial markets will be too shaken to maintain economic output at current levels. Failure to bailout, then, will cause a recession that will hurt everyone’s pocketbook. A little money quote unquote invested in a bailout, governments and recipients claim, will save a lot of output and jobs. What a deal!

Many voter-taxpayers remain skeptical about such claims, so politics and ideology play large roles in the government’s choice of bailout type. Tariffs, for example, are much less popular than they used to be and hence are resorted to less frequently now than in the past. Outright grants of cash are usually used only by dictators. Officials who are beholden to voters, whether directly or indirectly, typically try to disguise the size and ultimate destination of resource transfers and hence prefer tax breaks, loan guarantees, regulatory forbearance, contract flexibility, and the other, more nuanced transfer types. When large bailouts are required, as in 2008, democratic governments regularly resort to outright loans and securities purchases, though the most capitalistic of them, like that of the United States, find it essential not to appear too quote unquote socialist when purchasing securities, so they will often opt for preferred shares that carry limited voting rights in corporate elections.

Bailouts of individual companies and even industries almost invariably work in the short term because they all entail resource transfers in one way or another. If Company X owes $50 million or $50 billion and the government gives them at least the sum owed, be it directly in cash, or indirectly via tax breaks, loan guarantees, cushy contracts, or whatever, the company surely can hang on for awhile. What is less clear is the long term effect of industry or individual company bailouts. Some industries, like steel, limped by for decades with aid from tariffs and other trade barriers but it isn’t clear that anyone except steelworkers, steel executives, and steel company shareholders benefited and according to some economists it would have been cheaper to just pay them off than to distort the economy with high tariffs.

Some companies, like Chrysler, rebounded nicely after receiving a bailout only to need another round of taxpayer aid a few decades later. Employees and other stakeholders gained but the overall economy might have been better served if Chrysler’s financial, human, and physical capital had been put to other uses in the 1980s. Other companies, like some of the defense contractors bailed out in the 1960s that I will discuss later, soon merged with larger entities, raising the question of who really benefited from the bailouts.

The morality of the bailout of large companies has also been questioned. Why is it more economically important to bailout a single, large corporation with 100,000 employees than it is to aid 1,000 companies with 100 workers each? Is it possible that they are equally important but that large corporations simply enjoy more political clout? How can the bailout of entire industries be justified? Should governments have bailed out horsewhip manufacturing industries in the early twentieth century? How about the makers of patent medicines containing heroin or cocaine? What to do with the producers of whale rib corsets, slave shackles, or gas light fixtures? Most would say the government should not have bailed them out but what makes savings bankers or steel or defense manufacturers any different? Aren’t bailouts of specific companies or industries simply a form of favoritism antithetical to the ideals of both the free market and representative government?

The Founding Fathers seemed to think so. In many of their diatribes against corporations, which began to form in unprecedented numbers soon after adoption of the Constitution, the Founders warned that quote unquote moneyed men could assume effective control of the government and use it to help further their business interests with a variety of subsidies, including emergency aid when they teetered on the brink of failure. The Founders well knew their Adam Smith, a major critic of corporations. It may seem strange that Smith, the first modern economist, distrusted corporations, the epitome of capitalist development, but he did indeed. Like colleges and churches, corporations skewed incentives in ways that caused, exacerbated, or perpetuated economic inefficiency. Smith believed that in quote every profession, the exertion of the greater part of those who exercise it, is always in proportion to the necessity they are under of making that exertion unquote. Corporations were not very good at eliciting effort and hence were doomed to leach off consumers as monopolies or to suffer at the hands of competitors, which of course induced them to seek government aid.

Smith believed that people tend to do precisely what they are rewarded for doing. If incentives are not properly structured, agents, which is to say employees, will injure the interests of their principals, their employers, by shirking, stealing, or causing other problems, especially in larger corporations where personal bonds are weakest. Salaried employees of corporations, Smith believed, would exert just enough effort to keep their jobs but no more because the value of any additional effort they might give would accrue to stockholders rather than themselves. That minimal effort was, Smith argued, sufficiently strong in corporations like canals, water utilities, insurers, banks, and other businesses that required little thought beyond routine tasks. Such weak incentives, however, would almost certainly crush a mercantile concern or other business that required flexibility, foresight, or strenuous effort.

Smith also believed that stockholders were unwilling or unable to improve incentive structures. The more numerous stockholders were, the bigger the free rider problem they faced. In other words, the bigger the temptation to wait for other stockholders to handle any problems that might arise. So Smith concluded, quote Negligence and profusion, therefore, must always prevail, more or less, in the management of the affairs of such a company unquote.

Due to the principal-agent problem inherent in the corporate form, many early European corporations found it difficult to remain profitable. Rather than go willingly into bankruptcy, most mobilized their workers, managers, stockholders, customers, and suppliers to beseech the government for aid. In Smith’s Britain, many were able to acquire monopoly privileges. Smith, and other eighteenth century political economists like James Steuart and Joseph Tucker, rightly disdained monopolies, especially permanent ones, because they maximized producer profits at the expense of consumers, who paid higher prices or received lower quality goods than they would in a competitive market composed of many producers.

            Corporations, Smith warned, were especially adept at manipulating government officials, a sentiment shared by conservative British politician Edmund Burke, who called the statute incorporating the East India Company quote a charter to establish monopoly, and to create power unquote while denouncing the company’s considerable influence in Parliament. Another British wit defined the corporation as a quote tyrannical, exclusive monopoly, generally consisting of gluttons, idiots, and oppressors unquote.

            Critiques like those exerted considerable influence on the Founders. In 1792, for example, Pennsylvanian George Logan argued that salaried employees were quote unquote uninterested Agents unlikely to work hard for their bosses or stockholders. Corporate managers, many early Americans feared, possessed both the will and the means to defraud stockholders, creditors, and customers. In 1827, an anonymous critic argued that corporations were quote made solely for the advantage of a few, and the probable injury of many unquote. In 1829, another anonymous critic argued that corporations had quote great opportunities of making their apparent means greater than their real funds, and of defrauding in other modes, and are liable to great mismanagement unquote. Another critic explained in 1837 that quote Human nature is the same every where, a man’s first and chief concern will be for his own [so] a man’s selfish interests will be first consulted, and will eat up the interests of his employers unquote. Others complained of two kinds of quote evils ascribable to mismanagement … directing their operation to subjects not within the proper sphere of institutions of this kind unquote and assuming too much risk in their proper sphere, thus quote encouraging a pernicious spirit of speculation unquote. Still others realized that managers could steal in a variety of ways, including self-dealing, empire building, and excessive borrowing.

Other critics argued that limited liability provisions induced stockholders to take excessive risks because quote they share all the gains, but are responsible for none of the frauds or losses unquote. For such critics, regulations contained few protections because they were quote for the most part drawn up by a cunning attorney … with so many invisible loop holes in it, that like a sieve, it lets out every thing they wish to get rid of, and affords ample space for the spirit of the instrument to evaporate entirely unquote.

It seems that the only the only thing that has changed from the Founding era is the expressiveness of the language used to describe substantially the same problem, the very real possibility that failing companies and industries will try to use their political clout to gain resource transfers that may not be merited. Do note, however, that the government need not be corrupt to give into their pleas as one of the human mind’s many foibles appears to be bias in favor of the things seen. When confronted with a bankruptcy, politicians and most of their constituents focus on the loss of votes, campaign contributions, taxes, and jobs if the company or industry is allowed to go bankrupt. They tend to forget that something else, maybe even something better, will arise in its place, much like the wildfires that actually rejuvenate forests and prevent them from suffering from much more destructive fires later on.

Systemic bailouts, like that orchestrated by the Federal Reserve in late 2008, are somewhat easier to justify than company or industry bailouts because they ostensibly help everybody. Their ultimate effects, however, are even more difficult to discern. In 2008, financial system meltdown appears to have been a real possibility, and as Federal Reserve chairman Ben Bernanke warned, a recession of Great Depression-like proportions could have ensued. When by 2010 it had become clear that the world economy was not going to collapse, Ben’s Fed appeared vindicated. As the global and U.S. economies remain mired in a low growth funk into at least 2013, however, some scholars are beginning to wonder if the cure wasn’t worse than the disease. According to this line of thought, the Fed cushioned the economy from disaster in 2008 and 2009 but at the cost of anemic growth for years, or even a decade or more. That might sound implausible but there is a recent, compelling precedent. The economy of Japan, you may recall, grew so robustly in the decades after World War II that by the early 1980s it appeared poised to take over that of the United States. Entire library shelves were devoted to books warning that America had either adapt Japanese ways, from educational systems to government subsidization of key industries, or lose an alleged economic war waging between the two nations. Those books are now laughable because in the late 1980s Japan suffered a series of major financial crises similar to those that rocked the United States in 2008. Rather than confront their problems and allow big companies to fail, the Japanese government chose to sweep them under the bailout rug. Japan’s economy didn’t crash but it remained largely stagnant for two decades and counting.

On the basis of that and other historical cases, some analysts argue that it might have been better in the long run if the U.S. government had allowed the financial system and economy to crash. The downturn would have been more severe, they suggest, but the rebound much stronger. The economy would be at more or less the same spot as it is today, but the trajectory would be sustainably upwards instead of sideways.

Others worry that when the U.S. economy pulls out of its doldrums, which barring catastrophe it will almost certainly do, sooner or later, the Bernanke bailouts will lead to a financial crisis so large and so severe that no bailout will be possible. The economy will then just not crash, it will burn along with our cities. Financageddon, the Apocafinancial, Financial Judgment Day, call it what you will. The key concept underlying that concern is called moral hazard, or, more formally, post-contractual asymmetric information. In simpler terms, some analysts worry that the government has, through repeated bailouts and policies like Too Big To Fail, essentially trained the leaders of big businesses to take huge risks as surely as rewarding lab rats with food pellets trains them to push on levers or respond to different colored lights. As John Allison, long-time CEO of BB&T Bank, notes in his recent book on the financial crisis, quote During my career, the Fed has systematically effectively encouraged banks to increase their leverage, sometimes intentionally, sometimes not unquote. To increase leverage is to take on more risk by borrowing, and then speculating with, other people’s money.

Bailouts are as old as the Republic itself but their frequency and scope have increased in recent decades, as has their capacity to spawn high levels of moral hazard. So analysts worried about high levels of moral hazard have a valid point but the American people must recognize that its government has the conceptual tool necessary to stave off financial system crashes while keeping moral hazard at a benign level. The only question is whether or not it has the will to re-activate the tool, which I will call Hamilton’s Rule but you may know as Bagehot’s Rule after Economist magazine founding editor Walter Bagehot, who explained the rule in his famous book Lombard Street. I call it Hamilton’s Rule because the nation’s first bailouts, orchestrated by Treasury Secretary Alexander Hamilton, were arguably the best in its history because they did not increase moral hazard, as evidenced by the several decades of financial stability that followed.

The first bailout entailed the assumption of state debts by the federal government, while the second entailed implementation of Hamilton’s Rule in response to the financial crisis now known as the Panic of 1792. Although assumption and the Panic of 1792 were not unrelated, as I will explain shortly, assumption did not cause an increase in moral hazard that led to the Panic, which instead marked the collapse of a classic asset bubble. United States bonds, Massachusetts state bonds, and shares of stock in the Bank of the United States, the Bank of New York, the Bank of Massachusetts, and the Bank of North America all trended higher in the months preceding the Panic. Whether the price increases were strictly rational or not I’ll leave to others debate. Here, I note only that asset prices increased to levels considerably higher than the prices of those same assets in London. Arbitrageurs stood ready to ensure that prices in the two markets would eventually equalize, net of transaction costs. But would prices in London increase or prices in the U.S. decrease, or some of both?

            Ultimately, the U.S. market was the one that corrected. Domestic investors had grown  too sanguine about the prospects for the nation’s economy. In 1791 and the first months of 1792, however, it was easy to be over optimistic. Just twenty years before, America had been a series of loosely-connected colonies linked more closely economically and politically to London than to each other. British overlords severely taxed colonial wealth, more so through the taxes implicit in their control of trade and monetary policies than through the petty explicit taxes on tea and what not that suffuse our legends regarding the causes of the Revolution. Just ten years before the Panic, America, by then at best a series of loosely-connected states, was essentially bankrupt. After six years of intense rebellion, civil war, and naval blockade, its economy was in shambles, its future so uncertain that government paper money and bonds traded at just a fraction, often a small fraction, of their face value while economic output stagnated.

            The turning point came in 1787 at the Constitutional Convention. The Constitution, the public discourse that led to its ratification, and the subsequent passage of the Bill of Rights laid the foundation for prosperity. Now endowed with a vigorous federal government that contained internal and external checks sufficient to quash anything smacking of tyranny, Americans could rest relatively assured that their lives, liberties, and properties would be safe from the clutches of any government, be it local, state, national, native, or foreign.

            Nor was the Constitution the only reason for optimism. Led by Hamilton, the new national government took positive steps to ensure that Americans’ pursuit of property would be successful. First, it established an income stream comprised of revenue tariffs supplemented with excise taxes and land sales. Next, it refinanced its confusing debt load by issuing three new types of easily negotiated federal bonds. In the process, it relieved the debt burden of the states, allowing them to lower taxes, another boon to the economy. Assumption of state debts, as the policy was called, was essentially a federal bailout of state governments but it did not increase borrowing by state governments, which were informed in no uncertain terms that profligacy would not be countenanced. When state governments defaulted on their debts following the Panic of 1837, the federal government stayed true to its promise and did not bail the states out again even though its inaction injured its own credit standing in European markets.

In the 1790s, tariff receipts serviced the new federal bonds and met the government’s annual expenditures. To help the federal government to borrow to meet temporary revenue shortfalls, to shift funds from point of collection to point of expenditure, and to disburse interest payments on the new federal bonds, Hamilton sponsored the creation of a largely privately-owned central bank, the Bank of the United States. At the same time, federal and state governments also signaled a willingness to support development of business corporations in general and the domestic industrial and financial sectors in particular.

            Upon this firm foundation, and with strong demand for U.S. agricultural goods and bonds in Europe, businesses of all sorts thrived. Commerce quickened; deals to buy, sell, build, and rent proliferated. Thanks to specie inflows and easy credit terms at the banks, the per capita money supply surged to about 8 dollars, up from 6 dollars. According to an early money demand function called the United States Financial Money-Meter, that increase in the money supply should have decreased the market interest rate on good private loans to about 6 percent per year, which indeed was approximately the rate achieved on the eve of the Panic. Yields on U.S. 6s, federal bonds that paid interest quarterly at the rate of 6 percent per year, were even lower than 6 percent because of the national government’s newly established but strong credit rating. At $8 per capita, the money meter correctly predicted, commerce would flourish, industry and agriculture would gain, and even frontier lands would increase in price. Importantly, the increased stock of money did not lead to significant price inflation of consumer or producer goods.

            The fly in the ointment was that some of the U.S. money stock, indeed probably a good deal of the $35 million or so dollars in circulation, was composed of bank liabilities, specifically banknotes and checking deposits. Banknotes and deposits were credit instruments. The holders of the notes and deposits were, in essence, making loans to their banks, which in turn made loans to businesses. The problem was that any shock that made people distrust banks, or made banks distrust businesses, would reduce the money supply. As the money meter predicted, a rapid decrease in the per capita money supply would increase interest rates, which is to say decrease bond prices, depress equity prices, and curtail overall business activity. Indeed, equities were hit with a double whammy -- expected future income streams decreased AND were discounted at a higher rate. Those shocks, in turn, generated yet more mistrust of banks and borrowers, giving more momentum to the deflationary spiral. With no obvious end in sight, it was little wonder that people literally panicked when it became clear that a monetary restriction had begun.

            We do not know for certain what triggered the deflationary spiral that seized the U.S. economy in early 1792. Clearly, the banks began to reduce their volume of lending. On 31 January 1792, the Philadelphia headquarters of the Bank of the United States had almost $2.7 million dollars worth of loans to businesses on its books. By 9 March, that figure had dropped to less than $2.1 million, a reduction of about 23 percent. The restriction apparently began in early February; its effects were already being felt by mid-month when Philadelphia broker Clement Biddle noted that quote cash grows very scarce from both the Banks withholding discounts unquote. About that time, Philadelphia’s other bank, the Bank of North America, began to increase its loans again but by the end of February it had curtailed lending yet again. By the beginning of March, the Bank of New York had also reduced its lending. According to one of its directors, Daniel McCormick, the Bank of New York quote this week for the first time refused all new paper and made all old ones pay up a part unquote. The banks in New England and Baltimore also appear to have reduced the volume of their lending in February and early March.

            Whether the banks curtailed because they sensed problems with borrowers, or because noteholders and depositors sensed problems with banks, or both occurred simultaneously, we may never know. We do know that noteholders did not run on the Bank of the United States in Philadelphia, which had almost $887 thousand dollars in circulation on 31 January and almost $892 thousand dollars in circulation on 9 March. But according to McCormick, the fact that the notes of the Bank of the United States did not circulate at their face value as widely as first expected caused the bank to curtail its lending. The Bank’s notes indeed circulated at a discount that increased with their distance from Philadelphia. Before the opening of the Boston branch, for instance, Bank of the United States notes traded at a 2 to 5 percent discount in eastern Massachusetts. The discount reflected the transaction cost of remitting the notes to Philadelphia for their redemption into gold and silver and not the institution’s credit rating, but the Bank’s directors apparently were not taking any chances.

Depositors may have played a role too. Government deposits increased from just over $467 thousand dollars on 31 January to a few dollars shy of $600 thousand in March. But individual deposits shrank from almost $812 thousand dollars on 31 January to less than $570 thousand in March. Some of those deposits may have disappeared as borrowers repaid loans, but others may have been physically withdrawn from the bank’s vaults. The Bank of the United States was clearly losing reserves -- its cash on hand dropped from $510 thousand dollars to $244 thousand between the January and March balance sheets. Whatever the ultimate cause of the reserves drain, its impact was dramatic. On 29 December 1791, the Bank’s Philadelphia headquarters had reserves of $706 thousand against demand liabilities of about $1.2 million, a very conservative reserve ratio of 60 percent. On 31 January, by contrast, the Bank’s reserve ratio had dropped to 23.5 percent. By 9 March, the ratio stood at a mere 12 percent. On 23 February, a one “Curtius” pointed to the Bank’s quote limited specie capital unquote in a diatribe that appeared in the New York Daily Advertiser. His claim that the Bank had only about $250 thousand dollars in specie reserves was eerily precise.

The big drop in loans and the money supply raised interest rates and hence lowered bond prices. The conduit was direct: borrowers had to sell securities to raise the cash they needed to repay their bank loans. Many sellers and few buyers spelled lower prices, 20 percent lower at their nadir. Similarly, numerous borrowers and few lenders spelled extremely high interest rates, as high as 144 percent per year, on personal loans. Over-leveraged speculators, like the infamous William Duer, were the first to succumb to bankruptcy. Their failures of course threatened the solvency of their creditors, who in turn owed money to yet others until no one’s credit was above reproach. As the newspaper the New York Diary reported on 27 March, quote Money is scarce, and confidence between man and man almost wholly destroyed unquote.

The first few weeks of the panic were as dire as a wolf. On 19 March, George Cabot told fellow Massachusetts financier Israel Thorndike that the failure of speculators quote may create distress among the poorer classes unquote. Cabot warned that quote Should this happen, a popular commotion might be the consequence. Should the embarrassments on circulation increase or even continue for anytime, it may be justly apprehended that the public indignation will break thro’ all restraint & demolish all the money systems of the country unquote.

But before the financial system degenerated, two powerful forces stepped in to stymie the panic and to bolster prices. The first was Alexander Hamilton and the second was the market itself. To restore confidence, Hamilton injected money back into the economy. He did so in several ways. First, he asked the Bank of New York to make open market purchases of government debt on the Treasury’s behalf. Those timely purchases bolstered securities prices and increased the money supply. Second, Hamilton extended credit to purchasers of the government’s guilder-denominated bills of exchange, the proceeds of a timely Dutch loan, if they posted government bonds as collateral. The policy increased demand for U.S. securities and decreased demand for cash.

Hamilton also encouraged the nation’s banks to begin lending again, but only on the solid collateral of government debt and at a higher rate of interest than before the panic. By the end of March, the Bank of New York began to extend its loans upon deposits of government securities. By mid-April, the cashier of the Bank of the United States stated that the bank would make quote as liberal an extension of credit as the funds of the institution & other circumstances will admit of unquote. His pronouncement was not mere rhetoric. By 22 June, the Bank of the United States in Philadelphia had extended its discounts to almost $2.5 million dollars, nearly matching the pre-Panic high.

Soon after Hamilton restored a modicum of confidence, people with ready cash began to spot bargains. At slightly less than par, for instance, U.S. Six percent bonds yielded more than 6 percent per year, guaranteed. Many Southerners found it difficult to pass up such deals. As they bought, the price of Sixes and other assets rebounded. By late April or early May, prices had come off their lows and stabilized.

No recession ensued, which is not very surprising given the Panic’s short duration and Hamilton’s decisive response. More interestingly, the financial system remained remarkably stable until the end of the War of 1812. Only a couple of banks failed and that was due solely to the malfeasance of a single man. The reason for the long spell of stability is that Hamilton’s response to the Panic, what I have called his rule, and what would later be called Bagehot’s Rule, did not increase moral hazard, or risk-taking on the part of financiers. What Hamilton did was instruct the lender of last resort, the Bank of the United States and the Bank of New York, both of which he had helped to establish, to lend to anyone who could post good collateral at a penalty rate and allowed everyone else, including his friend William Duer, to go bankrupt. By immediately separating the bankrupt companies from those that were merely finding it difficult to borrow the cash they needed to remain in operation, the Rule immediately stopped the emotional, panicked selling that fed on itself and threatened to destroy the market’s inherent rationality. That allowed those on the sidelines with cash to step in and buy assets and thereby drive prices back up to their rational level. The penalty interest rate was not punitive but merely ensured that anyone who could borrow at less than the penalty rate from a lender other than the lender of last resort would do so.

Nothing in human affairs works perfectly all the time, but Hamilton’s Rule comes close and should therefore guide all future systemic bailouts. It was never consciously abandoned by policymakers but merely forgotten due to decades of disuse. Before the Great Depression, the U.S. government minimized bailout expectations by providing emergency aid on very few occasions. In addition to the 1792 effort just described, in 1825 Nicholas Biddle, as president of the second Bank of the United States, successfully prevented a financial crisis from spreading to America from Britain by following Hamilton’s Rule. Between the demise of the second Bank in 1836 and the opening of the Federal Reserve in November 1914, the Treasury did little to stop financial panics beyond depositing some of its funds in money center banks. Private lenders of last resort, including bank clearinghouses and investment bankers, filled some of the void but Bagehot himself called the quote American system … faulty in both its very essence and principle unquote.

Government takeovers of privately-owned transportation corporations became increasingly frequent after the Civil War but few could be considered bailouts because stockholders received little or no compensation and the improvements were turned over to municipal governments. Most were, in other words, uncompensated nationalizations. During the infamous Gilded Age, the federal government subsidized railroads with land grants and other concessions and manufacturers with tariffs but few of its actions could be considered bailouts, which were politically anathema and, in an age of dynamite-throwing anarchists, potentially physically dangerous for recipients. Most Americans did not consider bailouts in the general interest or sanctioned by the U.S. Constitution. Several state constitutions even explicitly forbade state governments from lending to, or guaranteeing the debts of, individuals or businesses and many Americans considered waves of commercial bankruptcies salutary. One of them argued quote As one after another goes down, there is one less engaged in the scramble for money, and the survivors experience the same sort of relief as men in a crowd do when some of them faint and are carried out unquote.

U.S. government bailout activity increased dramatically in the twentieth century due to the stresses caused by World War I, the Great Depression, World War II, the Cold War, and the demise of fixed exchange rates in the early 1970s. Initially, bailout expectations remained low but by the early twenty-first century decades of bailouts had increased bailout expectations and thereby induced more risk-taking which, in turn, increased the number and severity of crises and hence the need for yet more bailouts. That pernicious feedback loop began to develop, slowly, as early as World War I. The War Finance Corporation was more of a general subsidy program than a bailout vehicle per se but it did incidentally aid distressed companies. Moreover, it set a precedent for the New Deal’s Reconstruction Finance Corporation or RFC. At first, the RFC made loans only to distressed financial institutions and railroads but the government soon allowed it to lend to distressed municipal governments and manufacturers as well. Many New Deal programs can be interpreted as attempts to bail out specific groups, including banks by the Federal Deposit Insurance Corporation, farmers by the Agricultural Adjustment Agency, financiers by the Securities and Exchange Commission, homeowners by the Home Owners’ Loan Corporation, and various other entities through cartelization, price supports, and other anti-competitive measures sponsored by the National Recovery Administration.

Although unprecedented in scale and scope, New Deal bailouts were seen as aberrations and hence did not radically increase bailout expectations. Moreover, the RFC essentially followed Hamilton’s Rule because it lent at a penalty rate and under stringent collateral valuation rules. According to a late New Deal monograph on government corporations like the RFC, quote the protection of government credit cannot be implied unquote. In other words, unless an explicit guaranty was included in the act, the Treasury would not be held responsible for the debts of government-owned and operated corporations, much less private businesses. By the 1980s, by contrast, investors believed, rightly as it turned out, that the bonds of government-sponsored enterprises like Fannie Mae and Freddie Mac were de facto backed by the full credit of the U.S. Treasury even though Congress had not authorized an explicit guarantee. Just thirty years later, many lenders believed that taxpayers would reimburse them if any foreign government or large private corporation, financial or not, defaulted. By then leading experts on central banking publicly wondered if quote monetary policymakers might be tempted to ‘follow the markets’ slavishly, essentially delivering the monetary policy that the markets expect or demand unquote.

The sea change in sentiment occurred because during and after World War II the U.S. government became an increasingly potent economic force. Under the Bretton Woods system of fixed exchange rates, the Federal Reserve began to actively manage the domestic money supply or interest rates. American governments at all levels stepped up the direct regulation of prices -- during the war, during the Nixon administration, and with rent controls and minimum wage laws -- and increasingly attempted to mandate specific economic outcomes. The public and private sectors became, in the words of one researcher, so quote completely intertwined [that] no clear distinction unquote between them could be made. In 1970, for example, the government awarded Penn Central Railroad $125 million in loan guarantees while it was in bankruptcy because it considered the company a public utility that provided rail service rather than a private business. Shortly thereafter, the troubled Conrail received $3 billion in aid for essentially the same reason.

Perhaps the most important example of the melding of government and business interests, however, was the so-called military-industrial complex that emerged from World War II and matured during the Cold War. Close ties between the Pentagon and its arms manufacturers created a cadre of mismanaged defense contractor firms that believed that quote if adversity strikes unquote they could count on government bailouts. Some defense contractor bailouts were completed quietly through the award of major contracts of dubious necessity, some as aid to foreign allies, some as contractual modifications favorable to the distressed firm, and some as new, comfortably-padded contracts. A few, like the government’s $250 million loan guarantee for Lockheed in 1971, were explicit and justified on the grounds of employment and national defense.

Senator William Proxmire warned Treasury Secretary John Connally that quote Lockheed’s bailout … is not a subsidy … it is the beginning of a welfare program for large corporations unquote. He correctly perceived that an important corner had been turned. Lockheed and other bailouts, including the so-called special tax relief extended to the American Motor Corporation in 1967 and large loan guarantees and import restrictions provided to dying steel companies in the 1970s, prompted Chrysler to ask for federal assistance when it faced bankruptcy in the late 1970s. Chrysler chairman Lee Iacocca justified his aid request by arguing that quote free enterprise died a while back [and that the bailout was] amply precedented unquote. Although Chrysler’s case was arguably much weaker than those of previous bailout recipients, the government relented, ostensibly because the scorn of unemployed workers would be more powerful at the ballot box than the gratitude of those taking the new jobs that would have been created eventually if Chrysler had been shuttered.

Chrysler’s aid package, worth an unprecedented $3.5 billion, further pried opened the lid of what several analysts called a Pandora’s Box of bailouts. Increasingly un-sticky expectations about the government’s willingness to provide emergency assistance induced yet other troubled firms to seek government bailouts and they of course quote cited the Chrysler bail-out as a plausible reason why they ought to have one unquote. A wave of bailout requests, some successful, ensued. For example, manufacturers of TRIS, a flame-retardant chemical banned from use in children’s sleepwear after its carcinogenic properties were discovered, successfully lobbied for federal funds in late 1982. In 1984, the government bailed out forest product companies that had bid too high for timber cutting rights. Soon after, Dennis Carney, the president of a bailed-out steel firm, claimed that quote you can’t win the game with free enterprise anymore unquote and Wharton professor Edward Herman sneered that the government had birthed a form of quote unquote crybaby capitalism that rewarded the most vocal complainants. By the mid-1990s, the federal government had bailed out over 400 non-financial corporations and its support of distressed defense contractors continued. The number and size of sovereign and municipal government bailouts, like the loan guarantees granted to New York City in 1975 and 1978, also increased in the 1980s and 1990s.

After a long postwar lull during which only a handful of tiny banks failed due to the bank cartelization bailout implemented during the New Deal, inflation, technological change, and overly ambitious deregulation began to take its toll in the 1970s and 80s. Unsurprisingly, bank failures increased in number and size and bailouts followed, mostly in the form of Federal Deposit Insurance Corporation purchase and assumption agreements and Federal Reserve lender of last resort actions. Union Bank succumbed in 1971, Bank of the Commonwealth in 1972, Franklin National in 1974, and First Pennsylvania Bank in 1979. Those bailouts overwhelmed the effect of two potential bailouts that didn’t happen, Penn Square and Seafirst, increasing the bailout expectations of bankers and inducing them to, as one researcher bluntly stated, quote take riskier actions than if government intervention was unlikely unquote. By the early 1980s, bankers had responded to the changed circumstances by giving up expensive equity in exchange for low-cost implicit insurance provided by the expectation of government bailouts. The bailouts, most of which left even uninsured depositors unscathed, also greatly reduced large depositors’ incentives to monitor their banks’ activities.

In the 1980s and early 1990s, the trickle of bank failures became a torrent. The entire S&L industry collapsed, Continental Illinois failed, the Bank of New England reeled under bad real estate loans, and Citibank wavered on the brink of insolvency only to find new life in South Dakota of all places. All received bailouts, ranging from regulatory forbearance to Fed discounts to FDIC guarantees of uninsured deposits to the purchase of underperforming assets by a taxpayer-funded bad bank, the Resolution Trust Corporation. In 1987, the Farm Credit System, a government sponsored entity or GSE, also received a $4 billion bailout. In all, over $150 billion, or some 2 percent of GDP, was redistributed from taxpayers to bank stockholders, executives, and creditors.

New legislation, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and the Federal Deposit Insurance Corporation Improvement Act of 1991, attempted to limit future bailouts by reducing regulators’ discretion about when and how to resolve failed banks. The government also refused to bail out junk bond giant Drexel Burnham in 1990 and both MJK Clearing and Superior Bank in 2001. Those exceptions and the new laws, however, did little to decrease market participants’ belief that the government intended to follow a policy of Too Big to Fail. Beginning with the 1984 bailout of Continental Illinois, policymakers explicitly promised free, unconditional aid to the eleven, and later a deliberately ambiguous number, of the largest banks, and later financial institutions of any sort, under the supposition that they were too big, important, or interconnected to be allowed to go bankrupt. The assumption that big financial institutions would not be allowed to fail contributed to imprudent lending, as did the erosion of economic incentives, especially the franchise value of financial institutions, that had traditionally limited risk-taking.

Incentives within financial institutions also deteriorated. To overcome the agency problems that had plagued them since the days of Adam Smith, corporations in the 1990s began paying executives big bonuses based on their stock price. The new incentive system worked too well. As Smith himself would have predicted, executives began artificially boosting stock prices with accounting shenanigans like that at Enron or by taking excessive risks with corporate assets. They were, after all, playing an I win, you lose game. If their risks paid off, they received a huge annual bonus, enough to sustain them in luxury for their entire lives. If their risks didn’t pay off, the government bailed out the company and they could slink away, sometimes into retirement but often into another job, often with millions in so-called golden parachute compensation.

Financiers had also learned that they could maintain high levels of risk regardless of their company’s size or the macroeconomic climate because if the entire financial system encountered difficulties the Fed stood ready to provide ample, timely, and inexpensive aid. Instead of following Hamilton’s Rule as it traditionally had at least given lip service to, the Fed under Alan Greenspan at the outset of crises increased market liquidity by purchasing bonds in the open market and lowering both the overnight bank-to-bank target interest rate and the rate it charged banks at its own discount window. Relaxation of Hamilton’s Rule increased moral hazard and risk-taking at all banks and Too Big To Fail policy induced financial institutions to grow large as quickly as possible to receive the free insurance. In 1987, the Greenspan Fed stopped a stock market rout by supporting banks that lent to distressed broker-dealers. In 1997 and 1998 it lowered interest rates in response to the Asian financial crisis, the Russian default, and the failure of Long-Term Capital Management, the sale of which Greenspan brokered and implicitly guaranteed. The Fed also injected cash into the economy in late 1999 to prevent panic in the event of Y2K-related problems and did so again in the wake of the terrorist attacks in September 2001. More dubiously, the Fed lowered interest rates for a considerable period to buffer the economy, and investors, from the bursting of the dotcom bubble in early 2000. In addition to increasing confidence in the existence of a so-called Greenspan put, long periods of low real interest rates invited increased leverage and other forms of risk-taking implicated in the subprime mortgage crisis of 2007, the immediate trigger of the 2008 panic.

Under Greenspan’s successor as Fed chairman, economist Ben Bernanke, the Fed also reduced interest rates when trouble struck, eventually lowering nominal overnight rates to zero and keeping them there at least into 2013. As the intractability of the subprime mortgage crisis became increasingly apparent, the Fed invoked its emergency authority under section 13-3 of the Federal Reserve Act, which granted it broad powers during quote unquote unusual and exigent circumstances, to implement an unprecedented array of novel policies, most of which did not impose large direct burdens on taxpayers. The guarantees involved in the sale of investment bank Bear Stearns in March 2008, however, exposed taxpayers to up to $29 billion in losses and seemingly extended Too Big To Fail expectations to all large financial institutions.

During the crisis of September 2008, federal regulators made several crucial mistakes that deepened the panic significantly. Their worst sin was arguably the one least emphasized by the news media, the decision to provide 100 percent cover to the uninsured deposits in Washington Mutual by taking the money out of the hides of WaMu’s bondholders. The action was technically legal, apparently, but it was unprecedented and it frightened many investors who realized that regulators could do basically anything they wanted. People, not laws, ruled the day and some of those people, like Treasury Secretary and ex-Goldman Sachs CEO Henry Paulson, apparently were not above favoritism. So the bond market dried up for all banks overnight.

When regulators broke the agreement that allowed Citigroup to buy Wachovia, capital market participants, in John Allison’s words, quote now knew, with certainty, that the FDIC, the Fed, and the Treasury were not only incompetent but untrustworthy. They could not even be relied on to execute their agreements unquote. The only rational response was to hide.

A third major mistake that also discouraged new investment was regulators’ failure to loosen strict mark-to-market accounting rules. So-called toxic assets were not, at first, truly toxic in the sense of being untouchable. For the right price, buyers with cash on hand, and there were many, stood ready to make purchases at rational prices and thereby stabilize the market, as they had done in 1792. But in 2008 and 2009 they were handcuffed by mark to market accounting rules that could have ruined them if asset prices for some reason didn’t stabilize. So cash stayed on the sidelines and the markets appeared to quote unquote freeze up, which was the justification for the alphabet soup of Federal Reserve and Treasury bailouts that soon ensued.

A fourth major mistake was the Troubled Asset Relief Program, more commonly known as TARP. The government forced healthy banks to accept TARP funds for several reasons. First, it wanted to avoid the political backlash from bailing out just the big bad boys. Second, it wanted to avoid stigmatizing them, lest their liability holders – their depositors and other lenders – withdraw their funds precipitously. Third, it wanted to quote unquote prove the measure a success, so it offset losses to bad banks with earnings from the good ones that it forced to participate. The program was, in effect, a subsidy to unhealthy banks paid by prudent ones. The lesson to John Allison, BB&T CEO, was clear: quote Take high risk in the good times because the government will save you in the bad times. … Being conservative is a losing strategy. There is no long-term reward for not taking irrational risk. unquote

If other bankers absorbed this same message -- and how could they not? – the economy is in for another big shock coming out of the financial sector. It might not be tomorrow, or next year, but within our lifetimes it will happen again unless we take decisive action soon. I want to convince you, and through you America’s policymakers, that when it comes to systemic bailouts, Hamilton’s rule should be followed because it minimizes moral hazard, or in other words the incentive to take big risks, and hence reduces the likelihood that future financial calamities will terrorize America’s taxpayers and workers, regardless of the metaphorical color of their collars. It also means that there will be a clear rule of law in place and that will decrease regulatory discretion and hence favoritism. What adoption of the Hamilton Rule means in concrete terms is that the Federal Reserve, or other lender of last resort, should make clear, now, that in the event of financial market crises it will only make emergency loans to entities that can post good collateral, like government bonds or highly rated corporate commercial paper, and will do so at a rate higher than that which prevailed at the outset of the panic or other emergency. So no solvent entity, financial or non-financial, will have to fear bankruptcy but nobody should expect years of easy money to follow a crisis.

Entities that cannot post good collateral, by contrast, will be placed into bankruptcy, regardless of their size, the potential risk to counterparties, and so forth. In addition, corporate executives will not receive bonuses if their companies fail and in fact they may lose compensation that they have already received and, if they have committed criminal acts like fraud, their entire estates and even their liberty will be at stake.

Apologists for large, speculative financial interests will complain that such a rule is too harsh, that it will make financial institutions too timid to drive economic growth. My response is that finance is not supposed to be a high stakes game, it is supposed to be about rational investment in the future, in pooling and hedging, which is to say reducing risks, and in financing business projects that promise to prove profitable. If your most innovative and profitable companies are in finance, your economy is in deep, deep trouble. Go back to the basics, as South Dakota has done, and encourage real entrepreneurship by limiting government to the protection of life, liberty, and property. Businesses, charities, families, and a lender of last resort following Hamilton’s Rule can take care of the rest. Thank you.

Sources:

Robert E. Wright, ed. Bailouts: Public Money, Private Profit Privatization of Risk Series, Social Science Research Council (New York: Columbia University Press, 2010).

Robert E. Wright. “Government Bailouts.” In Robert Whaples and Randall Parker eds., Handbook of Major Events in Economic History (New York: Routledge, 2013): 415-27.