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Dean Baker

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The Regulation Monster

Posted: 06/25/2012 4:05 pm

Those familiar with the "confidence fairy" recognize that economic policy debates in Washington are dominated by imaginary creatures. The confidence fairy, which was discovered by Paul Krugman, is the mythical creature that brings investment, jobs and growth as a reward to countries that practice painful austerity.

Economies don't actually work this way, but important people in policy making positions in Washington and Europe insist that they do. And they hope that they can get the public to believe in the confidence fairy, or at least a large enough segment of the public, to stay in power.

In this same vein, Mitt Romney and the Republicans are trying hard to promote the belief in the "regulation monster." The regulation monster is composed of the mounds of bureaucratic paperwork and red tape that strangles businesses. As a result of the regulatory monster, America's businesses aren't able to be the job creators that they want to be.

There are a few problems with this story. First and foremost, all the data show that businesses are doing just great. The profit share of GDP is near its 50-year high. The after-tax profit share is at a 50-year high since the tax share of profits is down considerably from its levels in the '50s and '60s. This means that when we look at the economy as a whole, the regulation monster has not left any tracks.

Suppose we look at specific industries. Governor Romney and the Republicans say the President Obama's regulations on oil and gas drilling having stifled the development of domestic energy sources. This should tell us exactly where to look for the regulation monster.

Last week, New York Times reporter Jonathan Weisman went to western Pennsylvania, the middle of the Marecellus Shale, in search of the regulation monster. This should be one of the places where the monster is most visible because this is the center of the fracking industry.

Fracking is the relatively new and controversial process of extracting gas from deep underground shale formations. Many scientists and environmentalists have raised concern about environment risks from fracking as highlighted in the film Gasland. Surely the regulation monster must be lurking in this region preventing gas companies from creating jobs and producing domestic energy.

Remarkably, Weisman found no evidence whatsoever of the regulation monster. The people in the area said that the industry was able to do pretty much whatever it wanted. Many expressed serious concerns about the damage to their land and their drinking water.

The data are consistent with the industry's free reign. There has been a boom in gas production during Obama's administration, pushing prices down by almost 50 percent from when he took office. These low prices are now causing gas companies to curtail production, not the regulation monster.

The other obvious place where the Republicans' rhetoric would imply that the regulation monster is lurking is in President Obama's health insurance law. Romney and the Republicans have claimed that the laws mandates have impeded business hiring.

There is an obvious way to test this claim. The law only imposes mandates on firms that hire more than 50 workers. Smaller firms that employ 20-30 people would not be affected by the mandate, nor would larger firms that already provide health insurance for their workers. This means that if Obamacare prevented firms from hiring, the impact should be concentrated among mid-size firms (near or over the 50 worker cutoff) who don't currently provide insurance for their workers.

If the weakness in job growth is concentrated among this group of firms, no one has produced evidence for this fact. The data from the Bureau of Labor Statistics show weak job growth in firms of all sizes. This is consistent with the story that the economy suffers from weak demand. It does not provide evidence of the regulation monster.

The fact that Republican claims of massive regulatory burdens are so out of line with reality should be a cause of ridicule. The media should be pressing them to produce some evidence to back up what they are saying. After all, the public has a right to know whether the people running for or holding office are completely out touch with reality.

With rare exceptions, like Weisman's article in the NYT, the media don't bother to tell their audience when candidates are making assertions that are utter nonsense. As a result, we can expect to have an election in which at least one party is basing its economic agenda on the confidence fairy and the regulation monster.

 

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Those familiar with the "confidence fairy" recognize that economic policy debates in Washington are dominated by imaginary creatures. The confidence fairy, which was discovered by Paul Krugman, is the...
Those familiar with the "confidence fairy" recognize that economic policy debates in Washington are dominated by imaginary creatures. The confidence fairy, which was discovered by Paul Krugman, is the...
 
 
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HUFFPOST SUPER USER
Richard Bartholomew
My micro-bio isn't empty.
02:19 AM on 06/27/2012
'Far-reaching effects of refining regulations

'By BOB BARR | 1/13/12 4:32 AM EST

'While the American electorate and media were focused on the Iowa caucuses at year’s end, and are now fixated on the early presidential primaries, a serious — potentially devastating — problem is brewing that could affect every driver and other users of refined petroleum products in the U.S.

'The warning signs came in late 2011, when two major oil companies — Sunoco and ConocoPhilips — announced that they were closing three oil refineries in the Northeast. This means the loss of more than 50 percent of the refining capacity in that region.

'Some union officials and Democratic lawmakers, like Rep. Edward Markey (D-Mass.), predictably blamed the closures on the oil companies’ desire to “put profits ahead of the people.” But the reality is that the closures are just the latest evidence of the far-reaching effects of over-regulation on the petroleum refining industry.

'This industry, already one of the most highly regulated in the country, has been struggling for years to maintain minimal profit margins — even as it faces the prospect of the Environmental Protection Agency’s more burdensome carbon-emission regulations.
-- http://www.politico.com/news/stories/0112/71396.html#ixzz1yyJ2tdbc
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HUFFPOST SUPER USER
Richard Bartholomew
My micro-bio isn't empty.
02:14 AM on 06/27/2012
'Last week, New York Times reporter Jonathan Weisman went to western Pennsylvania, the middle of the Marecellus Shale, in search of the regulation monster.'

Look harder Mr Weisman:

'Over-regulation of the Nation’s Refineries

'American refineries are closing and more closures are likely, often because of overly-burdensome regulation as well as lower gasoline demand. Several refineries in Pennsylvania are idle and possibly closing if no buyers come forward. The refining industry is one of the most highly regulated in the country and has been struggling for years to maintain minimal profit margins. In the face of even more regulations from the Environmental Protection Agency (EPA), who are, imposing carbon-emission regulations as well as proposing overly-strict ozone regulations and other regulations, more closures are likely. Not only do EPA’s federal standards impose burdens on the industry, but state and local regulators are also part of the problem.'
-- http://www.instituteforenergyresearch.org/2012/05/03/over-regulation-of-the-nations-refineries/#_edn1
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Richard Bartholomew
My micro-bio isn't empty.
02:09 AM on 06/27/2012
'FEULNER: Onerous effects of overregulation
Obama’s red tape parade marches over small business'

'By Ed Feulner

'The Washington Times Monday, February 20, 2012

'We keep hearing that the economy is in a “jobless recovery.” What’s holding American companies back? Why aren’t they hiring more people?

'High taxes draw a lot of attention, and rightly so. They depress investment and discourage innovation. But escalating regulatory costs also undermine our economy. And small businesses, which fuel so much economic growth and hire so many people, often wind up particularly hard-hit by them.

'You don’t have to be a doctrinaire conservative to realize this. The Economist, the London-based news weekly - and a supporter of President Obama’s candidacy in 2008 - highlights the problem in its latest cover story, “Overregulated America.” They note the irony: “The home of laissez-faire is being suffocated by excessive and badly written regulation.”

'Mr. Obama also has emphasized the problem. The “rules have gotten out of balance,” he said in a speech last year, resulting in “a chilling effect on growth and jobs.” When the National Federation of Independent Businesses asked small-business owners in December to name their single biggest problem, 19 percent cited regulations and red tape - up from 15 percent a year ago. That’s more than any other category except for “poor sales.”'
-- http://www.washingtontimes.com/news/2012/feb/20/onerous-effects-of-overregulation/
08:51 PM on 06/26/2012
Ooohhh, but if the 'Press' challenges any assertions, then they get labeled as 'not impartial'; no they get labeled 'partisan' and 'liberal' and 'left-leaning' and even (oh, the worst) 'socialist' -

The R's love the subservient press lap-dog they have in Faux News, in large part because FN doesn't hinder the right-wingers' style and challenge anything they say.

Frankly, it's past the time for the media to stop giving a pass to the right-wing in the name of impartiality. The press should put ANYBODY's feet to the fire. Left, or Right, Liberal or Conservative, Christian, Muslim, Jewish, agnostic, whatever.

What the Right forgets is the follow-up to getting people to believe whatever you say, even if it's a lie; that is, when they finally do figure out the lie, people will stop believing ANYTHING that is said by the liars Happened with the Soviets. Happened in the French Revolution. Will happen to the Republicans.
05:19 PM on 06/26/2012
Thanks for the facts. The myth of overregulation is the driving force to return Wall Street to the wild west days of unrestained financial transactions. If not real estate this time, what? Money made by manipulating the financial system should be taxed at a higher rate than money invested in industries, banks and hedge funds that actually create real value, products and jobs. Regulating transactions like the subprime mortgages in the earlier 2000's can prevent a reprise. Regulation does not kill investment or growth, it just redirects it to more constructive outcomes, while attenuating the boom and bust cycles we had in the mid and late 19th century and early twentieth century. The ultimate boom and bust occurred in the 1920's and ended in 1929 with the big bust. Let us not return to that time again.
Genders
Love, Tolerance, Enlightenment
05:15 PM on 06/26/2012
Don't forget the anti democracy conservatives hate simple regulation when they have their corporate masters write it for them. They like complexity because the big companies have all the lawyers they need to understand and take advantage of it, mom and pop, don't.

The conservative when in power, sabotage the democracy deliberately. Remember their plan included starving the "beast" , choking it works too. Drowning it in tub. That's what conservatives want to do to your Republic, the USA, and you vote for them?

Vote for the Locke liberal founders type Kucinich, Warren, Grayson CPC-progressives and the dems in the general. And Obama, duh.
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HUFFPOST COMMUNITY MODERATOR
myzenthing
04:54 PM on 06/26/2012
Excellent analysis. If the past 12 years have shown us anything, it's that right-wing voters are completely immune to factual information. And they will always respond in a Pavlovian fashion to outlandish conspiracy theories, so long as they reinforce their cartoonish outlook on the world.
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04:42 PM on 06/26/2012
Baker's 50 yr high/GDP scheme doesn't establish anything. So banksters and CEOs are rolling in it. Great. It doesn't translate to businesses thriving under regulation. I've worked in my industry 12 years and have seen it splattered with evermore inane and costly regulation that not only effects my business but virtually all of the small businesses I serve.

His ACA paradigm is missing some key elements that would shoot it down- the mandate won't go into effect until 2014 so of course we're not going to see any notable effect now. And businesses on the 50 cusp (to increase to 100 in 2016) who don't offer a qualified health plan will also be affected. Many businesses with high deductible health plans will face the same fate as if they offered no coverage at all. These businesses with employees numbered in the high 40's will face whopping and immediate consequences should they cross the 50 threshhold. If ACA losses outweigh the gains they'd see with a couple extra employees they'll hold off until market conditions justify the additional hires.

Not that I'm opposed to sensible regulation. Fracking is a concern of mine. If it's polluting our ground water of course it should be regulated accordingly. But Baker's argument that government regulations are basically a nonissue across the board is based on faulty logic.
06:37 PM on 06/26/2012
Okay I'll bite. What inane and costly regulations have been imposed on your industry? Also are they Federal or local regulations?
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08:25 PM on 06/26/2012
CMS audits EINs each year to make sure they match what the IRS has on file... but EIN's are issued by the IRS. CMS could just go next door and say, "Hey. IRS. What's the EIN you have for Bill's Emporium of Stuff, Inc.?" Instead they hunt me down. I hunt Bill down. Bill produces an IRS document with his EIN. And it goes back through the chain under threat of penalty should it not arrive in a timely fashion. Imagine dealing with it a couple hundred times a year.

CMS requires the same certification be done for each carrier we're appointed with in addition to AHIP certification which masks the prior certs. It's all the same information over and over and over. Gotta be extra certified I guess.

CMS requires we send an appointment request to clients who call in asking for an appointment. No joke. The signed request must then be mailed back to us before said appointment can take place. Not only time consuming but it confuses the clients we're trying to serve.

The state requires my clients verify eligibility every year. These are the same businesses making payroll deposits and filing 132s quarterly. Guess what they must produce to establish eligibility and who has to hunt it down.

There's plenty more and it's all easily blown off if you don't have to deal with it. For me and my clients it's time and money we didn't have to spend just a few years back.
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Dredd
Our government is a wartocracy.
04:07 PM on 06/26/2012
That is because in many cases the media does not know, and/or does not want to know that their interviewees are bloviating.

http://blogdredd.blogspot.com/2011/12/blind-willie-mctell-news.html
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HUFFPOST SUPER USER
QuietProfessional
Recovering Jedi
04:06 PM on 06/26/2012
What a ludicrous article. As is typical, it appears to be written by someone who has no significant business experience whatsoever: and who assumes his audience is in the same boat. I can say categorically, as the general counsel to a publicaly traded mid-cap company in the tech sector -- and based on my 20 years' experience specializing in regulatory compliance at a variety of companies -- that the country's stifling regulatory environment costs jobs and productivity. Mind you, I shouldn't be complaining--it's great for lawyers and bean counters. But not so much for scientists, engineers, product developers, creative types, salespeople, & etc--the people who actually invent, make, market, sell, and service stuff. Who actually grow the economy.

Again, believe Mr. Baker if he's telling you what you want to hear. And discount everything I've said based on my direct observations and experience. Otherwise, consider the article to be a complete crock.
04:33 PM on 06/26/2012
Yes. Lots of regulations and they are complex - thus jobs like yours. However, given our level of manufacturing - our environment is relatively cleaner than it was prior to early 1970's when the EPA came into being (Just remember LA prior to the smog regulations for cars and the streams on the east coast catching on fire - so they seem to work).

I think, to level the playing field, goods manufactured and imported into this country should be required to be done so under regulations similar to those in this country. After all, the air polluted elsewhere will eventually end up here and everywhere else.

BTY - where are the jobs the Bush tax breaks have created? And you still haven't documented any great job loss due to over regulation - just the same old charge that over regulation costs jobs.
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QuietProfessional
Recovering Jedi
06:03 PM on 06/26/2012
I'm a conservative, not an anarchist. Nor even a Libertarian. So I'm not opposed to ALL regulations. That said, I know what we spend on compliance. (I know what we spend on insurance/managing litigation risks on account of the lack of tort reform--another subject, to be sure.) And I know what our hiring needs are. Believe me--if we could put more salespeople on the street or ramp up our R&D efforts, we would. Our initial and annual spends on compliance -- SOX, Dodd-Frank, misc. accounting regs, SEC -- could and would definitely go into hiring. I have that conversation every day with my company's senior management.

As for Bush, he was -- fiscally and economically -- a mostly liberal Republican in the Rockefeller vein. He teed off liberals only because of his social conservatism, which had few real public policy impacts. Believe me, I have my own gripes about Bush I and II!
05:10 PM on 06/26/2012
There are good regulations and bad regulations. Surely you are aware of this. We thought we were so much smarter than those foolish policies that gave us the great depression so we did away with Glass Steagal and other nets . Then some huge banks started massive fraud schemes. They lied to customers. Instead of making loans based on merit as should be their metier, they made wildly risky loans. Why? The barriers had been removed and they made more money doing a bad job than doing a good job. Even if the company could be destroyed later, they would make a lot of money in the now.

Credit rating agencies had incentives, from incestuous relations with the banks, to give false ratings. That, again, is the opposite of the job they were supposed to do. That is not crony capitalism, that is anti-capitalism.

And there's so much more. Surely you see that capitalism needs good regulations to remain capitalism. The evidence is not overwhelming, its over.

Bad regulations should be amended or deleted. But they are not the driving force of the weak economy. Again it was the dissolution of good regulations that caused the disaster. Oh, and I have run businesses for the last twenty years, but it is my common sense as a passenger on this ailing ship of a country that leads me to my conclusions.
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HUFFPOST SUPER USER
QuietProfessional
Recovering Jedi
06:09 PM on 06/26/2012
As I said in reply to another poster, I'm a conservative. Not an anarchist. Not a libertarian. What's crushing us is the sheer weight, volume, and intricacy of federal regulations. Sure--keeps me employed. Keeps our accounting department busy. But -- and I don't argue that regulations are the sole or even prime drag on our economy, just a big one -- it really has gotten out of hand--the law of diminishing returns with regard to much of these regulations kicked in a long time ago. I respect your business experience. I agree that carefully crafted, narrowly drawn regulations targeted to real problem areas -- and tempered by common sense -- are needed. But that's not the approach that's being taken right now--and it hasn't been any different under recent Republican or Democratic administrations.
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HUFFPOST COMMUNITY MODERATOR
seehowtheyrun
Without music, life would be a mistake
03:42 PM on 06/26/2012
Excellent article !
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HUFFPOST SUPER USER
J T K
Quis custodiet ipsos custodes?
02:48 PM on 06/26/2012
That's the market at work. If they can't get legal workers at that wage then they need to raise their wages, which of course means higher costs which get passed on but hiring illegals was never a viable solution.
Genders
Love, Tolerance, Enlightenment
05:10 PM on 06/26/2012
They will work smarter, and use more automation. The whole worker shortage is a mirage.
02:47 PM on 06/26/2012
A democratic society cannot thrive if political accountability and outcomes are tied to who has the most money and can speak the loudest. It will only thrive if accountability and outcomes are tethered to objective facts and reality, and not to paid-for spin.

The marketplace of information in our country is already heavily tilted in favor of spin by monied interests rather in favor of objective analytical assesssments. FOX has played a major role in degrading the caliber and rationality of political discourse. Organizations like Karl Rove's Crossroads threaten to make things much worse.
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HUFFPOST SUPER USER
J T K
Quis custodiet ipsos custodes?
02:41 PM on 06/26/2012
What about the consumer protection agency? A good idea on its face but restricting what businesses can charge, rather than letting the market dictate, is the opposite of freedom and really helps no-one no matter how popular it might be.
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HUFFPOST SUPER USER
Tony Pepperoni
Where did all the good Republicans go?
03:43 PM on 06/26/2012
The market is a game. Games have rules and all is fair as long as the rules apply to everyone equally. The rules are there to make sure it is the game we want. Imagine baseball if you didn't have to round the bases to get home. Nobody would be interested.

There is virtually no industry in America that operates without rules and "freedom" is never absolute as many people like to believe.

A strong well run company will still be the eventual winner, and that my friend is sustainable capitalism.
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HUFFPOST SUPER USER
J T K
Quis custodiet ipsos custodes?
10:01 PM on 06/26/2012
This isn't a game you have to play though so the government doesn't get to set the rules. A loan or line of credit, such as a payday loan or credit card respectively are contracts between two parties. Both parties get to see the contract and sign to it willingly with the assumption that they understand what they are signing, it's not the government's job to intervene. If the customer thinks the rates are too high then they can take their business elsewhere or not take out a loan, nowhere is government intervention necessary or proper.

The only legitimate uses for something like the Consumer Protection Bureau is keeping these companies honest to the terms of their contracts and preventing fraud against consumers. If they stick to that then more power to them but everything I've seen so far leads me to believe that they're itching to cap interest rates and "protect" the people who made/make mistakes but don't want to pay for them.
Genders
Love, Tolerance, Enlightenment
05:11 PM on 06/26/2012
No, regulated commerce is not against liberty.

An organized society is what allow personal liberty.
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HUFFPOST SUPER USER
J T K
Quis custodiet ipsos custodes?
09:58 PM on 06/26/2012
When you are saying two parties can't make a deal that both of them consent to when they both have access to the contract being signed then that isn't regulation, that's fascism. That's what restrictions on credit card fees, bank fees, and payday loans essentially is.
iflew
Pro Publiae Bonae
02:36 PM on 06/26/2012
Excessive regulation? I agree regulation has become excessive and mostly to favor giant corporations and large incomes. Giant corps and wealthy have money, money hires lobbyists, lobbyists write laws to favor their clients, congress rubberstamps their laws, and giant corporations swallow small ones and trample over 98% of the population including most of the human supporters of conservatism. No wonder voters get riled regardless of which side they vote. Politics should in my opinion be about who pays and who benefits. Forget the fluff.