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This chapter examines the first battlefield upon which inequality in American society is fought—namely, laws and regulations and their enforcement. Stiglitz argues that the rule of law is necessary to give individuals and corporations the right incentive to “consider their externalities” (188), meaning the negative or positive effects of their actions that they do not pay or gain benefit from. For example, when corporations pollute, they should pay for it. To date, corporations have avoided paying for polluting the environment, and if they are sued, they strive to keep the cases in court indefinitely. The issue of justice seen in this example of polluters highlights the political problem of whose rights matter most: the polluter’s right to pollute versus the citizen’s right to good health. Nonetheless, political power is crucial because rules and regulations determine how much a polluter can pollute even if a corporation uses the law to protect their right to pollute.
Since the start of the 21st century, three contexts have emerged by which we can determine how well the market is working: predatory lending, bankruptcy, and foreclosures in the 2007 mortgage crisis.
Generally, the 1 percent and banks oppose regulations designed to rein in their lending behavior, and they fight any additional regulations. This is true for bankruptcy laws. Stiglitz uses the example of student loan debt, which is backed by the government, so it is a low-risk loan for the banks; even if a student declares bankruptcy, they still must repay their student loans. Yet the interest rates banks were charging were not in line with the risk. Stiglitz called the rates usury, or exorbitant. When the government intervened to help students in 2010, billions of dollars went back to students and the banks.
The third context, the mortgage crisis, shows how banks’ foreclosure practices broke the law. The law is clear: Banks cannot take people’s homes without proving the court proof that the homeowner owes the money. By 2007, however, banks were giving out so many loans that they were signing affidavits about money owed without verification. They then went to court and committed perjury by presenting factually wrong documents. During the Great Recession, over 8 million people lost their homes. Many of them were wrongly foreclosed on, although no one has a precise number.
Yet the banks suffered few consequences after the Great Recession. In 1990, when the savings and loans crisis hit, the Department of Justice hauled thousands into court and got “839 convictions” (199). After the foreclosure crisis, the financial sector and the government agreed that the big banks were too big to fail, which laid the foundation for the banks to use the law in their favor. In the end, laws meant to rein in the banks did the opposite: Bankers reformed bankruptcy law to give them more power over borrowers, allowed for-profit colleges to access federal student loans, abolished usury laws, blocked potential legislation that would limit predatory lending, and circumvented laws that required them to ensure they were foreclosing on the right person.
Stiglitz shows that even the legal system can be a rent-seeking enterprise that contributes to inequality. Gaining access to the legal system is expensive, and it’s not only America’s poor that lacks the resources. The government, unlike corporations, has limited funds for litigation. So the banks and wealthy corporations make deals: They accept fines for their fraudulent behavior, then they resume that same behavior. Because executives’ pay goes up when their corporations make profits from fraudulent behavior, Stiglitz suggests that America has “an economic and legal system that provides incentives for bad behavior” (205).
This chapter examines the second battlefield upon which inequality is fought: the budget, and how government spending and taxes can be used to lessen inequality and encourage fair economic growth that can “bring the deficit under control” (208). Stiglitz explains that budget negotiations in 2011 led to brinkmanship that hid the real problems underlying the nation’s debt and budget: unemployment, the gap between the economy’s “potential output and actual output” (209), and long-term inequality. Instead, the debate focused on the deficit.
Yet the Right’s position on this issue was contradictory, since they consistently advanced tax cuts that favored the 1 percent as a way to resolve the budget deficits, even though “around a fifth” (209) of the 2012 budget was attributed to the Bush tax cuts from the early 2000s. The budget would balance with tax policies that actually increased taxes on the wealthy, cut out loopholes, taxed the financial sector, and made those who exploit the country’s natural resources pay for them. Even with limited demand, Stiglitz argues that the budget would balance if the government made public investments (e.g., building schools, investing in technology) because it can borrow at a low cost and get more bang for its buck. The economic term for this is the balanced-budget multiplier: When “each dollar of spending generates more overall GDP” (208), then an increase in taxes and spending will engender economic growth. This way, the government can put less money into low-multiplier programs and more money into higher ones, like Social Security or benefits for American workers, which will stimulate growth across the economy.
Stiglitz suggests that the deficit can be reduced by doing the exact opposite of what the government did between 2000 and 2012. For starters, even though people disagree about how to reduce the deficit, they can agree that what they are doing now is not working. But the real reason it is not working is because of myths about the budget and the budget process. First, there is the “supply-side” myth that assumes the economy will be harmed if the rich are taxed. Stiglitz counters that the problem is with demand: If corporations make investments and put more resources into the hands of the 99 percent, then demand will certainly increase. Second is the idea that if the rich are taxed, it will hurt small business and lead to loss of jobs. Stiglitz counters that less than 1 percent will be affected, and it is only their profits, so it could be done.
Another set of myths concerns two big government spending programs, Social Security and Medicare. Social Security has nearly ended elderly poverty in America and is a valuable program. Stiglitz argues it could easily be solvent by changing the tax structure. But the Right attacks the program and argues that it should be privatized, sold, and run by private industry. Stiglitz explains that they want to do this because if Social Security were privately managed, the 1 percent could expect $26 billion in annual income from the $2.6 trillion fund. As for Medicare, the budget would go down if the United States invested in better healthcare for the 99 percent. Linked to this set of myths is the idea of “moral hazard” (229). This argument suggests that if people are given benefits, they will become dependent on them. Stiglitz believes this argument blames the wrong people; the 1 percent must share more blame, but they are unwilling to accept any.
Stiglitz also notes that austerity programs that seek to cut spending on government entitlement programs like Medicaid will not reduce debt or help the economy recover. However, investing in public programs and infrastructure, since the US can borrow at low rates, will lower the national debt. The national debt, unlike household debt, requires loans because the investments from loans will encourage growth that will pay down the debt while stimulating more growth. In the past, stimulus packages intended to stimulate growth were either too small or not in place for the right length of time, or the government looked only at financial problems and failed to look at structural problems like job loss and sectoral change. When the Right argues that stimulus packages do not encourage growth when the economy is on a downturn, Stiglitz contends that clearly the blame lays not with the stimulus but with “the country’s leaders [who] hadn’t grasped what was going on” (234).
Stiglitz believes that the problem with the economy is lack of demand, so a spend/tax balance will restore the budget and stimulate growth. The right spending will kick-start the multiplier effect, leading to employment and growth. However, austerity will do the opposite.
This chapter examines the third battlefield upon which inequality is fought: macroeconomic policy. Macroeconomics matters because it concerns the output of the entire US economy, including employment, inflation, and interest rates. Macroeconomic policy affects inequality because it shapes the distribution of income. However, the 1 percent, the financial sector, and the government steered macroeconomic policy toward fighting inflation to the detriment of other important economic indicators, such as unemployment, and ignored inequality all together.
Monetary policy (the control of the money supply or the short-term borrowing interest rate), macroeconomic policy, and the Federal Reserve’s policy combine to keep unemployment at higher rates than needed, offer little protection from aggressive bank behavior, create a jobless recovery, hide subsidies for the financial sector, and implement policies to fight inflation to protect the 1 percent’s investments. Stiglitz argues that none of these outcomes were accidents, but the Great Recession did destroy these three myths about inflation: that everyone was benefiting from America’s economic growth, that a focus on inflation alone would lead to economic growth, and that an independent central bank (the Federal Reserve) was a guarantor of economic stability.
During crises like the Great Recession, workers and small businesses are hurt the most. But banks tighten credit in a crisis, pushing up the unemployment rate, while calling for a flexible labor market, which means lower wages for workers. But this is just one problem, since the banks’ macroeconomic models exclude discussion of distribution. So, when the economy goes into crisis, banks lower rates to expand the economy, and vice versa. But in the Great Recession, the change in rates actually helped the banks, and rather than hire labor, corporations went after cheaper capital, so they set up a recovery that would likely be jobless. The top 1 percent made money from low-cost loans and bailouts, but they were also aided by deregulation.
Bankers and the 1 percent have taken risks with the economy since the 1980s because when they fail, they are bailed out by the taxpayers. The 99 percent are subsidizing reckless risk-taking with financial instruments like derivatives, but they’re getting none of the benefits.
When the government tried to regulate the banks after 2010, the banks fought back and won. They were allowed to keep trading in derivatives, which caused so much damage in the Great Recession, because the Federal Reserve had been captured by the “perspectives and worldview of the bankers” (248). Stiglitz wants to democratize the Federal Reserve, to make it more independent, because the Federal Reserve is also obsessed with inflation. The Fed and the 1 percent see inflation as an evil. So, the Fed agrees that inflation must be low for economic growth, and it maintains that the entire economy benefits when inflation is low. Stiglitz argues that both ideas are myths. While the Federal Reserve is focused on inflation, it is missing unemployment and other potential crises, like it missed the Great Recession in 2007. And the Fed also continues to rely on models that ignore distribution, so the country’s central bank is doing little to conquer inequality.
But the Fed, the banks, and other inflation haters missed other things too. When the housing bubble was forming, they could have simply adjusted the amount of money new homeowners had to put down rather than tackling the problem by adjusting interest rates. Also, in looking at unemployment as in line with a natural rate, they made it seem as if the rate was OK. But the government missed the need to increase demand by moving workers that had lost their skilled jobs in one part of the economy into another sector. Stiglitz maintains that the United States cannot afford to have a system that is run by people captured by bankers and “run for the benefit of those at the top” (264).
If Chapters 5 and 6 tell the reader how the 1 percent manipulates (or coerces) the 99 percent into supporting their agenda, then Chapters 7, 8, and 9 lay out the three battles that must be won if the 99 percent are to have any chance at winning a political fight to end inequality. The issues these chapters raise—the rule of law, the national budget, and economic management—are so integrated that disentangling them to solve one or all might be too problematic.
This problem becomes apparent when looking at how the rule of law has failed to prevent some of the worst abuses arising from inequality. Stiglitz makes this point repeatedly when discussing banks’ behavior regarding their predatory lending practices (student loans and exorbitant interest rates) and their shady business dealings during the mortgage crisis. But the banks could not do it alone. Putting 8 million people out of their homes by duping them with improper mortgages or fraudulent affidavits required other systems as well. The political system had to create laws that banks could break, the Department of Justice had to fail to enforce laws to the highest degree for these schemes to work, and the 1 percent had to decide that it was acceptable for homeownership to come second to bank profits.
The budget battleground raises additional issues about how intertwined these challenges are. When looking at the history of budget deficits, Stiglitz looks at the 1990s, when there were budget surpluses and the Fed chair worried that Congress working with the Clinton administration would actually pay off the nation’s debt. But the Fed chair was a believer in tax cuts, and the turn of the century brought with it tax cuts for the rich, as well as two wars and a gritty recession.
Stiglitz notes, however, that the government and the Federal Reserve chair must act independently and in the best interests of the public to strike a budget deal without brinkmanship. But the process has a third party, namely the lobbies that are invested in gridlock and in maintaining the status quo. With the key beneficiaries involved in lobbying and even sitting on the board of the Federal Reserve, disentangling those relationships to the point of separation will be difficult.
The problem is perhaps best exemplified by the issue of the big idea, the battle over macroeconomic policy, and the inflation debate. Stiglitz points out that there are numerous myths regarding what inflation can and cannot do, but alternative ideas, including distribution of income to try to help all Americans, are quickly jettisoned. Instead, the Fed continues to use interest rates to adjust for inflation, the government continues to support macroeconomic policies that do nothing to combat inequality, and the 1 percent continue to infiltrate governing institutions to ensure that their rent-seeking behaviors can continue unimpeded. Storming the battleground, then, will prove even more problematic if the 99 percent do indeed choose to enter the fray and actually fight for equality.
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