Rule of law
May. 12th, 2009 12:16 amI started trying to sleep half an hour ago, but couldn't because I was thinking of this post, so here it is.
Recently, something I was reading argued that high marginal tax rates were justified because one of the things that allowed generation of extreme wealth was a stable governmental system, rule of law, and other benefits of stability provided by the government. (No, it wasn't in an other LJ thread. At least I don't think so. I think it was an editorial in the WSJ.)
This is part of why the Chrysler bankruptcy settlement bothers Jon & me so much. It upsets rule of law with governmental intervention for political reasons.
For those unfamiliar with the terms, here's a metaphor -- Imagine you buy a house. But you can't afford the purchase price of the house all at once, so you take out a loan from the bank to buy the house, using the house as collateral. The house itself "secures" your loan. If you don't make your payments, the bank gets your house. But that's all they get. If you don't pay your electricity bill while you live in your house, the meter reader doesn't get to take your house away. The electric company may cut off your power, but the electric company generally never gets to own your house.
You, the homeowner, are like Chrysler in this bankruptcy. You stop making payments on your house. The bank should get your house, sell your house at market value (you don't get to be an owner anymore) and then pay off any extra money beyond your original home loan to other lien holders. If there's anything leftover after that, you get it to pay off other debts you owe and start over. Your credit rating is horrible, but the people/institutions to whom you are indebted know what to expect.
The Chrysler bankruptcy didn't go like this however. The government stepped in and said, wait a second, the meter reader is important. They *work* at your house. The meter reader should get to own and live in your house if you can't make your payments to the bank. The meter reader is more important to the country than the bank. The meter reader should become a 55% owner in the house, and share the other value of the house with the mail carrier, garbage collector, and last of all the bank. The meter reader should get all of the money due the electric company. The bank get only one third of the money you borrowed to buy the house with. Now, you, who don't get the house and don't have any ownership of it whatsoever after you vacate, you should have to chip in an extra $60 to bring the front porch light up to code because the meter reader is going to live there.
Rule of law. Turned on it's ear. Who is the bank going to be willing to loan to next time? The "bank" in this case, is the senior secured bondholders. This is why former communist countries have so much trouble attracting foreign investment. When things go badly, they typically change who gets what to favor a particular class, which is not the foreign investors.
This worries us greatly.
--Beth
Recently, something I was reading argued that high marginal tax rates were justified because one of the things that allowed generation of extreme wealth was a stable governmental system, rule of law, and other benefits of stability provided by the government. (No, it wasn't in an other LJ thread. At least I don't think so. I think it was an editorial in the WSJ.)
This is part of why the Chrysler bankruptcy settlement bothers Jon & me so much. It upsets rule of law with governmental intervention for political reasons.
For those unfamiliar with the terms, here's a metaphor -- Imagine you buy a house. But you can't afford the purchase price of the house all at once, so you take out a loan from the bank to buy the house, using the house as collateral. The house itself "secures" your loan. If you don't make your payments, the bank gets your house. But that's all they get. If you don't pay your electricity bill while you live in your house, the meter reader doesn't get to take your house away. The electric company may cut off your power, but the electric company generally never gets to own your house.
You, the homeowner, are like Chrysler in this bankruptcy. You stop making payments on your house. The bank should get your house, sell your house at market value (you don't get to be an owner anymore) and then pay off any extra money beyond your original home loan to other lien holders. If there's anything leftover after that, you get it to pay off other debts you owe and start over. Your credit rating is horrible, but the people/institutions to whom you are indebted know what to expect.
The Chrysler bankruptcy didn't go like this however. The government stepped in and said, wait a second, the meter reader is important. They *work* at your house. The meter reader should get to own and live in your house if you can't make your payments to the bank. The meter reader is more important to the country than the bank. The meter reader should become a 55% owner in the house, and share the other value of the house with the mail carrier, garbage collector, and last of all the bank. The meter reader should get all of the money due the electric company. The bank get only one third of the money you borrowed to buy the house with. Now, you, who don't get the house and don't have any ownership of it whatsoever after you vacate, you should have to chip in an extra $60 to bring the front porch light up to code because the meter reader is going to live there.
Rule of law. Turned on it's ear. Who is the bank going to be willing to loan to next time? The "bank" in this case, is the senior secured bondholders. This is why former communist countries have so much trouble attracting foreign investment. When things go badly, they typically change who gets what to favor a particular class, which is not the foreign investors.
This worries us greatly.
--Beth