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                      1. No Rules

                        04.Apr.08, 16:08 EDT
                        Let's say – just hypothetically – that an industry vital to the
                        American economy was in serious jeopardy. When times were good, it
                        resisted regulation. Then optimism gave way to excess, which caused a
                        crisis, and the government had to step in. Regulation could have
                        prevented this crisis. But rather than propose better regulation, the
                        government actually proposed less.

                        Sounds crazy, huh? And yet that's exactly how the government wants to treat Wall Street.

                        Last year, as an article in The New York Times
                        points out, Wall Street bankers, worried that the U.S. was losing its
                        edge in the financial business, pushed for looser regulation of
                        financial markets. Mostly, they argued that the alphabet soup of
                        agencies designed to regulate markets had become overlapping and
                        outdated, which is true enough. But what they wanted was to replace
                        rules with "principles" that would govern their behavior. In other
                        words, the new rules would be that there would be no rules.

                        One credit crisis later, Treasury Secretary Henry M. Paulson Jr. has introduced a plan
                        that will take a step toward doing just that. It will streamline
                        bureaucracy, which is certainly a good thing. But it will also give
                        much more power to the Federal Reserve – which helped cause the
                        subprime crisis by ignoring every warning sign that one could possibly
                        expect. In other words, the government wants to reward the Fed for
                        doing a terrible job – just as the Fed did with Bear Stearns.

                        At
                        this point, it should be obvious to everyone that we need to better
                        regulate the financial system. Some of this work involves streamlining
                        the responsibilities of various agencies. But most of it involves
                        making sure that we monitor the behavior of bankers before we have to
                        bail them out of bad bets. During the Depression, the government
                        essentially said that it would back up commercial banks so long as they
                        abided by certain rules. Now it's backing up investment banks without
                        getting anything in return. That's silly.

                        What's offensive about Paulson's plan is that it seems to suggest that
                        the biggest problem with Wall Street is that it's having trouble
                        staying competitive at a time when London is becoming a more important
                        financial capital. If that's so, one reason is the inflated salaries of
                        American bankers, who make far more than their international
                        counterparts. Why shouldn't bankers be subjected to the same pressures
                        that affect workers in other fields? The financial business has become
                        important to the American economy, it has also ravaged that economy by
                        speculating recklessly. And while it employs plenty of people, most of
                        them are pretty obnoxious. I'm only half-kidding.

                        As we
                        recover from the current credit crisis, we need to create a new system
                        of rules to govern the speculation that caused it. What Paulson has
                        suggested isn't even close.

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