Laws, originally evolving out of the New Deal legislation
written in response to the great depression, once protected the
American financial system. Starting in the 1990’s, in response to
intense lobbying efforts by the financial industry, those laws were
stripped away. The most important one was Glass Steagall which
separated commercial banking from the type of investment work of a
stockbroker. Glass Steagall was signed out of existence in 1999 by
President Clinton and less than 10 years later the entire financial
system is bankrupt. Another law, known as The Uptick rule, prevented
companies from crashing due to large scale shorting of company
stock. A company’s stock could not be sold short as long as it was
in continuous decline. Short sellers had to wait for an uptick in
the stock before shorting. The Uptick Rule ended in 2007 just about
one year ago.
The end of the laws protecting the American public from
unscrupulous speculators disguised as bankers caused changes in the
way our banks do business. The banks decided that simple banking,
that is loaning money at interest, was not profitable enough so they
began investing in risk paper. This changed them from banks into
something akin to casinos. Now that the gamble has finally failed
these new casinos are asking the American taxpayer to pick up the
tab for their greed and excess.
Now all this risk paper, known in the financial world as “the
derivatives market” is collapsing. Derivatives are not stocks or
bonds or anything else substantial. They are simply paper derived
from other paper such as futures and options. Futures and options
are exchange traded derivatives, but the largest group of
derivatives is not even traded on the exchanges. These are called
“counterparty derivatives” and consist of such things as
collateralized debt obligations, mortgage backed securities, and
credit default swaps. It is estimated that total derivative exposure
of the financial system is between one quadrillion and one and a
half quadrillion. A quadrillion is 1000 trillion. To put that in
perspective, the entire GDP of all the world’s countries in 2007 was
approximately 60 trillion. GDP is basically everything that is
produced for sale. The American people are now being asked to
shoulder the risk of the entire derivatives market and if they do,
700 billion will prove to be a drop in the bucket.
The rapid increase in the price of fuel during the last year
is a good example of the destructive nature of the derivative
market. Much of the price increase was due to speculation in futures
especially by Goldman Sachs (Henry Paulson’s company) and Morgan
Stanley. These companies, it is believed, are responsible for about
50% of the speculative price of oil. What that means is that every
time we buy gas we subsidize the parasites who feed off us so they
can continue their existence. We are now being asked to accept
increased taxes to cover their losses.
Now that this mess has been created, what should be done to
resolve it with the least amount of pain for the American
People?
1. All failed and at risk financial companies, not just
those we constantly read about, should be seized by the F.D.I.C.
(Federal Deposit Insurance Corporation) and put into involuntary
Chapter 11 Bankruptcy. The money people have on deposit would carry
the same FDIC guarantee as before so there would be no need for
panic. The Chapter 11 trustee would examine the assets of these
institutions and all derivative paper should be discharged in
bankruptcy. The American people should not accept one penny of risk
for derivative paper. The real assets such as mortgages on
residential real estate should be separated and foreclosure should
be indefinitely frozen. The at risk mortgages, whether subprime or
not, could be written down to the current value of the property and
re-amortized for a payment the homeowner could afford. The mortgage
could then be returned to the bank for service or referred to Fannie
and Freddie if the bank did not survive Chapter 11.
2. The Federal Reserve Banks should be seized by Congress
under Article 1 Section 8 of the Constitution. The FED banks could
survive as Clearinghouse banks but the Federal Reserve that has
robbed the American people for 100 years would cease to exist. The
debt owed by the American people to the FED banks would be
discharged in bankruptcy. Congress would take monetary policy from
the FED and would simply stand in place of the FED through a
monetary board. The FED credit computers would be transferred to
Congress who would issue new credit (money) because under our
present system 97% of all money originates as credit. This new
credit would keep the system going and prevent collapse. It could
all be done without interest and without debt. The backs of the
international banking cartel would be broken forever and the
American people through their elected representatives would control
monetary policy i.e. money in circulation, interest rates, and
credit availability.
3. Glass Steagall and the Uptick Rule should be returned.
Speculation in the futures markets of essentials such as fuel, food,
and medicine should be banned or at least have a punitive tax say
50% attached.
4. The Chapter 11 Bankruptcy Trustee would immediately move
to seize any assets taken by the CEO’s and Boards of Directors from
the bankrupt companies during the prescribed time period. No
bankruptcy system would allow the CEO of the bankrupt company to
keep hundreds of millions as in some of these cases. At the same
time, the U.S. Attorney should be directed to examine the process
for criminal sanctions where laws have been violated.
In conclusion, this plan would return our monetary system to
the American People and ignite a new wave of prosperity and liberty.
Every crisis presents opportunities if we only look for them. This
is an opportunity for the American people to throw off the yoke of
debt bondage that has enslaved them for 100 years and gain direct
control of monetary policy through representatives answerable
directly to them. No particular philosophy has been respected or
spared in this plan. I am more interested in saving the system for
the American people than I am in respecting anyone’s philosophy of
money or government. This is intended to be a simple, easy to
understand, explanation of our banking crisis with a Consitutional
solution.
Email sent by the Constitutional Party on 10/01/2008 http://www.constitutionparty.org/