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Obama's Contradictory Views On Regulation

The big claimed achievements of the Obama Administration are largely the paper creation of new regulations for the health insurance market and the financial markets. Matt Yglesias extravagantly claimed:

TARP gave Barack Obama a once-a-century opportunity to transform the American economy through state control over the commanding heights, an opportunity he deliberately declined [. . .]

Actually, what the Obama Administration claimed, not only with regard to financial markets but also the health insurance market (and what it seems to claim about everything) is that regulation is "the third way." As Ed Kilgore wrote:

To put it simply, and perhaps over-simply, on a variety of fronts (most notably financial restructuring and health care reform, but arguably on climate change as well), the Obama administration has chosen the strategy of deploying regulated and subsidized private sector entities to achieve progressive policy results. This approach was a hallmark of the so-called Clintonian, "New Democrat" movement, and the broader international movement sometimes referred to as "the Third Way," which often defended the use of private means for public ends.

Whether these were the right choices is not subject of this post. Rather, the jarring contradiction of President Obama's critique of government regulation in the face of the choices he has made makes any sense. President Obama wrote:

Sometimes, those rules have gotten out of balance, placing unreasonable burdens on business—burdens that have stifled innovation and have had a chilling effect on growth and jobs.

It is a strange thing for a President who has relied almost exclusively on a regulatory governance framework to write. The President preemptively responded to this critique as follows:

Over the past two years, the goal of my administration has been to strike the right balance. And today, I am signing an executive order that makes clear that this is the operating principle of our government.

I'm sure every Administration would say the ssme thing. But let's consider what the Obama Administration has really done. At every turn, for better or worse, the Obama Administration has eschewed direct government intervention and chosen "instrusive" government regulation instead. The question of the efficacy of such regulation ( the regulatory capture issue)) is important, but again not the subject of this post. Again, the jarring contradiction of what Obama is saying and what he did is my point here.

Consider again the health bill. The idea of a new public insurance program was rejected by the Obama Administration in its dealings with Congress. Instead a complex system of regulations and state based exchanges was erected. President Obama wrote:

As the executive order I am signing makes clear, we are seeking more affordable, less intrusive means to achieve the same ends [. . .]

That certainly was not the watchword on health insurance reform. Medicare (or Medicaid) Buy-in with a subsidy system would have been much less intrusive and costly (and much more effective) reform of the health insurance market than the health bill that was actually enacted.

The reality is the Obama Administration has made a choice to impose more regulations (the efficacy of these regulations is another issue) at every turn. It has rejected other forms of government intervention.

On a political level, this is obviously triangulation by Obama. It is no coincidence that Darrel Issa said:

I applaud President Obama for joining what must be an effort that stretches beyond ideological entrenchments to identify the regulatory impediments that have prevented real and sustained job growth in the private sector[.]

Unlike Clintonian triangulation, which was mostly about nothing (school uniforms!), welfare reform the exception, Obama has basically taken a shot at his own governing philosophy.

I do not think this turns out very well.

Speaking for me only

< Joe Lieberman Won't Seek Another Term | Obama's Regulatory Contradiction: Health And Finance Rules Exempt From Review >
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  • Display: Sort:
    I worry about the Bush era hires entrenched in (5.00 / 1) (#1)
    by ruffian on Wed Jan 19, 2011 at 08:59:30 AM EST
    the various regulatory agencies. I wonder if there has been a lot of behind-the-scenes resistance to the regulatory approach.

    Politically it is pretty obviously an attempt to woo the so called common sense independents.. I think 'excessive regulation' and 'deficit reduction' must be the current  highly polling catch phrases among that group.

    It reminds me (none / 0) (#3)
    by lilburro on Wed Jan 19, 2011 at 09:13:54 AM EST
    of the bizarre unwillingness on the Obama Administration's part to make a moral argument re: healthcare.  You'd think "saving lives" would poll well too.  

    Parent
    The Obama stance today on (5.00 / 1) (#6)
    by Militarytracy on Wed Jan 19, 2011 at 09:40:37 AM EST
    bad regulation I'm viewing through the lens of the administration trying to be more "business friendly".  That has been the latest criticism that they have found worthy of acknowledgement and worthy of their precious time to address.

    Bingo (none / 0) (#7)
    by ruffian on Wed Jan 19, 2011 at 09:43:32 AM EST
    Easing child labor restrictions sounds (none / 0) (#9)
    by observed on Wed Jan 19, 2011 at 09:48:12 AM EST
    positively biz-gasmic.

    Parent
    Who else are we going to (none / 0) (#10)
    by Militarytracy on Wed Jan 19, 2011 at 09:51:26 AM EST
    be able to get to work for $3.00 an hour so we can compete with China?

    Parent
    $3/hr? So much? (5.00 / 1) (#11)
    by observed on Wed Jan 19, 2011 at 09:52:28 AM EST
    If they are 6-8, I think 2$/hr is defensible.


    Parent
    If you throw in water soup for lunch (none / 0) (#12)
    by ruffian on Wed Jan 19, 2011 at 10:02:30 AM EST
    Well, I'm sure (none / 0) (#13)
    by Zorba on Wed Jan 19, 2011 at 10:10:37 AM EST
    that Nike will appreciate the opportunity to hire cheap child labor here, as well as overseas.  

    Parent
    state control? (2.00 / 1) (#21)
    by dandelion on Wed Jan 19, 2011 at 01:36:13 PM EST
    I would rewrite Matt's explanation of what Obama did with TARP.  The economic crisis gave Obama an opportuniy to demonstrate that the rule of law applied equally to the wealthy as to the poor; it gave him the opportunity to exert governmental authority that already existed to rein in a sector that his predecessor had allowed regulators to neglect; it gave him the opportunity to ensure that the working and middle classes did not have to pay for the wealthy's gamble; it gave him the opportunity to stabilize the nation's financial situation by curbing the economic and political power (ie size) of the big banks -- all these opportunities Obama declined.

    Regulation per se is not a "Third way" (none / 0) (#2)
    by observed on Wed Jan 19, 2011 at 09:11:15 AM EST
    value; it's a core principle of Progressive politics. Trusting businesses is 3rd way, of course.
    What kind of framework exists for implementing and enforcing the regulatory demands of the HCR bill?

    Regs. re implementation of HC bill (none / 0) (#16)
    by oculus on Wed Jan 19, 2011 at 11:35:53 AM EST
    are in progress, I gather.  A friend, who is a new lawyer, just took a job at HHS to help work on regs.

    Parent
    Clinton Pushes Plan for Medicare at Age 55 (none / 0) (#4)
    by Dan the Man on Wed Jan 19, 2011 at 09:20:19 AM EST
    Kilgore writes:

    on a variety of fronts (most notably financial restructuring and health care reform, but arguably on climate change as well), the Obama administration has chosen the strategy of deploying regulated and subsidized private sector entities to achieve progressive policy results.   This approach was a hallmark of the so-called Clintonian, "New Democrat" movement,

    What Clinton Actually Did:


    President Clinton went to Capitol Hill today and, at a rally with three dozen Democratic members of Congress, pushed his proposal to open Medicare to millions of people 55 to 64 years old.

    New talking points please?

    Good point on that issue (none / 0) (#5)
    by Big Tent Democrat on Wed Jan 19, 2011 at 09:29:19 AM EST
    That said, Clinton and his team were very game to appear to be Third Way and often were.

    Full disclosure, I agreed with that approach a lot - free trade especially.

    Parent

    BTD did you notice who was in charge (none / 0) (#8)
    by MO Blue on Wed Jan 19, 2011 at 09:43:59 AM EST
    of the development of the upcoming review.

    The full impact of the review, which, according to a source close to the discussions, was developed by the administration's regulatory czar Cass Sunstein and White House officials over the last two years, will only become clear when the Office of Management and Budget issues its guidance, which will be issued to federal agencies within the next few months. Such a document describes how agencies should actually implement the order. The review will exempt some federal agencies independent of the White House and will not impact health care reform and financial regulatory reform, the administration's two biggest achievements. link


    It's a fine line with regs... (none / 0) (#14)
    by kdog on Wed Jan 19, 2011 at 10:30:47 AM EST
    regulation for the sake of simple control and/or market rigging can kill livelyhoods...look at the poor guy who set himself on fire in Tunisia after the seized his veggie stand livelyhood for lack of a permit.

    As a general rule with business, finance, labor, and enviromental regs, I'd say focus on the big risks to the enviroment and the economy at large...and stop sweating the small stuff.  I do think the state often makes it unnecessarily difficult to start a business and/or earn a living....regs are how markets are rigged, and often benefit the mega-corps they are meant to regulate...the mega-corps can pay fines all day long and be de-facto above the rules, the little guy can be crushed by them.

    that's how our system is gamed (5.00 / 1) (#15)
    by Dadler on Wed Jan 19, 2011 at 11:22:36 AM EST
    the big power players buy the government, write the regulations to protetc themselves; meanwhile, a small business owner will often get nickled and dimed into oblivion by regs.  

    The worst side of this is the average person sees the ENTIRE story as TOO MUCH regulation on everybody, when reality is, insidiously, those with the most are looked at the least, if at all.

    Parent

    It takes effort... (none / 0) (#18)
    by kdog on Wed Jan 19, 2011 at 11:50:52 AM EST
    not to see it as black/white regs = rigging & another card in the deck stacked against Joe Blow, and not as a necessary tool to maintain fair & free markets and to protect workers and the enviroment from serious harm.

    My libertarian streak is well documented...but even I realize a libertarian free for all would likely be a total disaster...again though, it's a fine line between being a necessary protection and an unnecessary hinderance or worse...intentional market rigging for the handful of people who own this country.

    Parent

    It's also fed vs. state vs. local (none / 0) (#19)
    by Dadler on Wed Jan 19, 2011 at 12:22:02 PM EST
    The feds give the mega-mouth sharks a free chumfest, the states suck what else they can, and on the local level the small business owner usually gets examined under a microscope.  The inspector driving my friend in LA to literal insanity trying to open her cafe, he ain't from DC, he's from downtown.  But the feds really set the tone, and if they're gonna give the billionaires a wink wink then the rest of us will have to "pick up the slack," on every level.  At some point soon, however, they ain't gonna have no more poor pockets to pick. Then what? Oh, you want the actual pockets too?  

    Parent
    Thats when social unrest kicks in... (5.00 / 1) (#20)
    by kdog on Wed Jan 19, 2011 at 01:17:10 PM EST
    ya would think fat cats and governments would realize they are going to slay their golden goose if they don't back their snouts up outta the trough and let some other animals eat...yet the sewers run red with the blood of several golden geese...greed is a helluva drug.

    Parent
    yup yup (none / 0) (#22)
    by Dadler on Wed Jan 19, 2011 at 02:15:04 PM EST
    conversely, the world's only so small these days, with a lot of poor people pissed off everywhere. you can't build a mansion on mt. everest, only so many places you can hide with your grifted booty.

    a sense of self-preservation beyond running and hiding behind walls HAS to kick in at some point, does it not?

    and yet, we're all waiting...

    Parent

    Must be banking on... (none / 0) (#23)
    by kdog on Wed Jan 19, 2011 at 02:31:58 PM EST
    the superior peaceful nature of the broked*cks who don't value gold above all...but every man has his breaking point...I thought I was a degenerate gambler, but these cats really like to press it.

    Or they could just be banking on the Marie Antoinette treatment being 50 years down the road...their inheritors problem:)

    Parent

    Too narrow in scope (none / 0) (#17)
    by vicndabx on Wed Jan 19, 2011 at 11:43:37 AM EST
    "Unnecessary burdens" doesn't just apply to business - it applies to taxpayers as well.  Without fixing the core issues w/r/t either healthcare (cost of services) or finance (global economy, general complexity, etc.) why should the gov't wade into the deep end?  Especially considering the context of the current economy - jobs would be at risk w/no guarantee they'd be maintained or replaced.