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Washington Sets the Stage for Another Financial Crisis

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photo by Boyd Loving

Stephen Moore / @StephenMoore / October 16, 2015

My 13-year-old son told me at the dinner table the other day that Franklin Roosevelt was one of America’s “greatest presidents” because “he ended the Great Depression.” He’s usually a good student, so I checked where he got this tripe, and sure enough, the fairy tale was right there in his American history book.

The textbook tells kids that the New Deal ended the Great Depression and even saved capitalism. Of course, the New Deal exacerbated the pain and financial devastation of a stock market crash, and unemployment lingered in double digits for a decade after Roosevelt was elected until the start of World War II.

We get this kind of rampant revisionism because the left writes the history books—which they are doing right now.

Here’s the latest story line: bailouts, trillions of dollars of government spending and debt, easy money, and re-regulation of Wall Street ended the 2008 Great Recession. The myth took on new life last week when Ben Bernanke took a bow in the Wall Street Journal for, in his mind, saving the economy with his $3 trillion of quantitative easing and zero interest rate policy. No, actually, this is what created the crisis. Don’t be surprised if Bernanke receives a Nobel Peace Prize.

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As my fellow Heritage colleague Norbert Michel and other scholars have thoroughly documented, the crash of 2008 was caused by government policies and regulatory failure, including easy money policies that flooded the markets with debt. Within a decade, these policies led to preposterous mortgage loans being issued, and massive over-leverage of government, companies, and households.

Now the Fed, the White House, and Congress are recreating the very same conditions for another financial bubble. If it pops, we could replay the same devastating effects as occurred during the first bubble in 1999 and 2000. It is doing so in four ways:

First, the Dodd-Frank regulations are exacerbating one of the greatest consolidations of the banking industry since the Great Depression. Those indispensable small banks, like the one Jimmy Stewart operated in the movie “It’s a Wonderful Life,” are disappearing from the American landscape.

This is largely because big government policies are slanting the system in favor of big banks. Because of this, we have created a competitive advantage that allows the sharks to swallow the minnows. Meanwhile, the “too big to fail” safety net to Bank of America, Citi, and other titans exacerbates this cost advantage of big banks and thus makes bailouts even more likely in the future.

Second, Fannie Mae and Freddie Mac are engaged in the same low down payment lending mania of 2004-07, and the Obama administration is on a Bush-like homeownership push. Fannie and Freddie are again guaranteeing mortgages with as little as 3 percent down payment. Have we learned nothing at all?

Fannie and Freddie are again guaranteeing mortgages with as little as 3 percent down payment. Have we learned nothing at all?

Third, the Fed refused to tighten its stance in September, and, hello, that easy money policy is how we got into the mess in 2000 and then in 2008. Wall Street cheered Janet Yellen’s decision to keep the cheap dollars flowing.

Finally, there is the saturation of debt. When the crisis hit in 2008, the national debt stood at a little under $10 trillion. Now we are over $18 trillion. Government is hopelessly over-leveraged, and the interest rate exposure is enormous. With each one-percentage-point rise in long-term rates, the servicing costs of the debt rises by about $1.8 trillion over ten years.

The point is that government and politicians have no learning curve. All of the conditions of financial wreckage are reappearing. The presidential candidates should start warning voters that Washington is rebuilding another financial house of cards.

If they don’t, when the financial crash comes and Americans see their life savings disappear, the media and the history books will again blame conservatives for the destruction from the rampant financial negligence of government.

https://dailysignal.com/2015/10/16/washingtons-set-the-stage-for-another-financial-crisis/

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House Passes Garrett Amendment to Bar DOJ from Applying Disparate Impact

Analysis of Latest House Action on Disparate Impact

Monday, Jun. 08, 2015, 11:41 AM UPDATED 11:49 AM

By SubPrime Auto Finance News Staff

CRYSTAL LAKE, Ill. –

Automotive Compliance Consultants insisted that contrary to recent developments on Capitol Hill, the U.S. House of Representatives’ vote to eliminate the Department of Justice’s use of disparate impact does not negate the Consumer Financial Protection Bureau’s use of the legal theory in auto finance cases.

The firm went on to say that the possibility of the CFPB leveraging disparate impact will not disappear even if the bill passes the Senate and is not vetoed by President Barack Obama.

Automotive Compliance Consultants general counsel David Missimer explained that he spotted several media reports highlighting how the House passed an amendment to H.R. 2578, the Fiscal Year 2016 Commerce, Justice, and Science Appropriations Act, that would bar the Department of Justice from using funds for litigation in which the regulator seeks to apply the disparate impact theory.

Missimer went on to mention that his research uncovered discussions about the significance of the amendment to the use of disparate impact by the CFPB to support actions in auto finance.

David Missimer

“The amendment to H.R. 2578 will have no effect on the CFPB’s use of the legal theory in auto finance,” Missimer said. “The reason for this is the amendment is limited, and only bars the use of appropriated funds by the Department of Justice to bring Fair Housing Act enforcement actions that rely on an allegation of liability under the HUD Disparate Impact Rule.”

The bill was introduced by Rep. Scott Garrett, a New Jersey Republican. Garrett stated that in recent years, the Department of Justice has pursued and obtained large legal settlements from finance companies, landlords and insurers in discrimination lawsuits using the dubious legal theory of disparate impact.

“Disparate impact liability allows the government to allege discrimination on the basis of race or other factors based solely on statistical analyses that find disproportionate results among different groups of people, regardless of evidence of actual discriminatory actions or intent,” Garrett said. “Instead of making decisions based on neutral standards of creditworthiness, lenders must consider these demographic factors or risk running afoul of the Justice Department.”

The amendment voted on states that none of the funds made available in the act may be used by the Department of Justice to enforce the Fair Housing Act in a manner that relies upon an allegation of liability under section 100.500 of title 24, Code of Federal Regulations (rule prohibiting discriminatory effect).

“While everyone agrees that discrimination has no place in the lending practices of any respectable institution, the application of disparate impact theory has had devastating impacts on law-abiding businesses who have diligently maintained fair and consistent lending standards,” Garrett said.

“The federal government should be encouraging sound business practices, not punishing those that utilize them,” he continued. “I thank my colleagues for taking a stand for small businesses and reinstating equal protection under the laws as guaranteed in our Constitution by the Fourteenth Amendment.”

While the development might be beneficial to the housing market, Missimer reiterated that it’s not the auto finance players who disagree with the use disparate impact might be seeking.

https://www.autoremarketing.com/subprime/analysis-latest-house-action-disparate-impact