Originally published in the Herald of Randolph on May 9, 2019
It is sad to say that this country of ours is well populated with people and organizations that are often scofflaws and lawbreakers. On the gentler side of that group are those who are immoral and unprincipled, not necessarily illegal, in their dealings with their fellow Americans. On the other side there are many who see a route to greater riches as well as those who believe, not without reason, that the rules and regulations are often arbitrary and stand in the way of our economic progress.
Recognizing those unhappy realities, there are people here in America who are moved to create mechanisms to discourage the exploiters and protect the exploited. More often than not, true believers in honesty and integrity find their way into our government as the best medium for implementing their personal altruistic notions.
Unfortunately, those who do not share those beliefs are often attracted to the same regulatory government organizations. If your goal is to make it easier to exploit (or to make more money), where better can you reach it than in that place that is responsible for monitoring both the exploiters and the mechanisms used to protect those you wish to exploit?
So, for the advocates of both the exploited and the exploiters, the positions of maximum power where you can most successfully pursue your goals, lie inside the U.S. government. This is particularly true if the political party sharing your points of view controls the White House and has been instrumental in filling appointments to the federal bench, as is the case today.
The key is the establishment of rules and regulations. There is simply no viable organization of any kind, benevolent or not, that does not have rules and regulations for the behavior of its members. These rules and regulations are designed to control behaviors both of those who wish to exploit and those who wish to protect those most likely to be exploited.
Candidate Trump made it perfectly clear where he stood while running for office. He promised to cut the red tape, rules and regulations that affect the American economy. This would save money and stimulate the economy. It has been reported that the Trump administration has enacted 2.7 significant deregulatory actions for every significant regulatory one.
As of late April 2019, 30 U.S. government units ranging from the EPA to the White House experienced modifications in their rules and regulations. Areas of the economy affected were (in the order of the volume of change) environmental, finance, telecommunications, labor, health, transportation, education, agriculture and housing. Thirty-six rules and regulations had been repealed, 54 were in rulemaking, 13 delayed, 28 in effect and 7 unchanged.
The case of the Consumer Financial Protection Bureau (CFPB) presents a good example of how these changes are being carried out. The CFPB is an agency responsible for consumer protection in the financial sector. The CFPB’s jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage servicing operations, foreclosure relief services, debt collectors and other financial companies operating in the United States. The CFPB was authorized by the Dodd-Frank legislation, passed in 2010 to protect Americans from predatory lenders. It recognized the significant negative role of lending organizations in causing the financial crisis of 2007-2008.
From its creation until 2017, the CFPB “has curtailed abusive debt collection practices, reformed mortgage lending, publicized and investigated hundreds of thousands of complaints from aggrieved customers of financial institutions, and extracted nearly $12 billion for 29 million consumers in refunds and canceled debts.” Not bad, unless you were one of the lenders.
Under the Trump administration, Mick Mulvaney, a longtime advocate of payday lenders and opponent of Dodd- Frank, was appointed to lead the CFPB.
On May 24, 2018, Trump signed into law further Congressional legislation exempting dozens of banks from the CFPB’s regulations.
At the EPA, the new managers appointed by Trump supervised the overturning of nine rules on air and emissions, water, chemicals and “other” and continued the process of overturning 17 additional rules and regulations in the same areas.
The realities here in the United States make rules and regulations a critical part of our environment. In their absence, questionable behaviors by, for example, lending institutions, contributed significantly to the financial meltdown of 2007-2008.
There is valid argument that past rules and regulations may have been curtailing economic growth. For that reason, there is every reason to modify them on a bipartisan basis, ensuring that all the involved equities get their say.
Given who we are, once again, with the continued, ongoing, pervasive, unilateral removal of those rules and regulations which control predatory lending behaviors, we can almost assuredly anticipate another national meltdown.
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