G.Nelson
Swagel, Phillip. "Legal, Political, and Institutional Constraints on the Financial Crisis Policy Response †." Journal of Economic Perspectives 29.2 (2015): 107-22. Web.
Phillip Swagel, former Assistant Secretary for Economic Policy at the US Department of Treasury, discusses in his essay, “Legal, Political, and Institutional Constraints on the Financial Crisis Policy Response,” that the US policymakers response to the 2007 and 2008 financial crisis was shaped by the limited legal authority and tools available to the US Department of Treasury and the Federal Reserve at that time, and how new tools and authority –access to public money and greater jurisdiction-- were made available because of the financial crisis’ “’unusual and exigent’” stresses upon the broader US economy (Swagel 107). The new tools and authority of the Treasury Department and the Federal Reserve were not imminent, but required the crisis to unfold more seriously, so that the policymakers could realize the economic emergency as more of a pressing issue and pass legislation that would grant the Fed and Treasury Department more tools.
The Treasury Department and the Federal reserve had the following tools at the ready, pre 2007 and 2008 crisis: Discount window was available for banks in need, discount in the federal funds interest rate, FDIC backing, and encouragement for investors not to fire sale their assets and to avoid foreclosure on properties. However, a majority of tools were not available for the investment or insurance institutions that held a substantial amount of subprime loans and derivatives. Swagel illustrates that the Federal Reserve’s and Treasury Department’s tools were not just underwhelming in their initial attempt at remedying the crisis, but they, also, initially underestimated the seriousness and complexity of the crisis, as did the policymakers.
At the collapse of Bear Stearns, the Treasury Department and Federal Reserve realized that more investment firms would soon collapse if new tools and authorities were not granted. Swagel illustrates that the Fed turned to its only ace in the hole: “emergency authority…[to] lend to ‘any individual, partnership, or corporation’” if a loss is not expected (Swagel 110-1). Even with the Fed’s ability to loan a limited amount of assistance, this legal authority did not give the Fed or Treasury Department direct access to public money, however. After Bear Stearns’ negotiated bailout with the Fed, it took nearly 6 more months, October 2008, to enact the “Emergency Economic Stabilization Act that created the Troubled Asset Relief Program [(TARP)]” (Swagel 111). Beforehand, the Treasury Department understood that even attempting to approach congress without a real-time economic crisis of illiquid assets and credit market seizures, congress would “loath” the idea of providing public funds to investment banks for bailouts.
Under the same tools of restraint and provisions that granted the Fed the option to bailout Bear Stearns, Swagel illustrates that it was the decision of the Fed not to bail out Lehman Brothers that led to an even tighter constraint on market liquidity and seizures within the credit market. With limited options from the Fed and Treasury Department, the unforeseen consequences of letting Lehman Brothers collapse exasperated the crisis further and put a constraint on debt markets, which affected normal government operations of securing debt. Two days after refusing to bailout Lehman Brothers, however, the Fed provided loan assistance to AIG, American International Group, an insurance company, because the Fed believed AIG to be more financially sound and important to the US economy. The deal between AIG and the Fed was not clean or clear, however, and the two are currently in litigation, today, from the deal struck in 2008. The same week of the AIG and Fed deal, TARP was proposed --which passed a few weeks later in October 2008-- and two more banks failed, WAMU and Wachovia (Swagel 117). With TARP, the Treasury Department would be able to provide financial support to the markets of $700 billion. Swagel illustrates that if the Fed and Treasury Department had the tools earlier and the foresight, the crisis could have been more contained, but the policymakers would not have been able to justify the $700 billion cost of TARP without such a monumental crisis.
Swagel contends that if another financial crisis happens relatively soon, the Fed and Treasury Department will be limited in how they can intervene because of the 2010 Dodd-Frank financial reform bill and the expenditure of an already lowered interest rate by the Fed. Politicians stumped on the promise of not bailing out businesses that were “too big to fail,” so the likelihood of congress approving another direct infusion of funds, such as TARP, would be improbable, but with the Dodd-Frank act, governments may be able to seize businesses directly to control operations and direct the losses onto the bond holders and investors, which will limit the loss to the taxpayer because of new FDIC provisions. Swagel states that by studying what happened from the 2007 and 2008 collapse, a more effective response may be garnered in a future crisis.
G.Nelson