What's Worse Than a Flawed Bailout?

The New York Times
Published: September 29, 2008

After nearly eight years of voting in virtual lock step with President Bush on everything from tax cuts to torture, House Republicans decided on Monday to break ranks on the survival of the nation’s financial system.
The rejected bailout bill that was on the floor after a weekend of hard negotiating was objectionable in many ways, but it was a Republican-generated bill and was improved from the administration’s original version. Sixty percent of House Democrats voted for the bill, enough to easily pass the measure if the Republicans had not decided to put on their display of pique and disarray.
The question now is whether the stock-market plunge that followed the House’s failure to lead — and a renewed credit freeze — will be enough to get the 133 Republicans who voted against the measure to change their minds. And, more important, whether the damage that the no vote has inflicted is readily reversible.
Republican no votes were rooted less in analysis or principle than in political posturing and ideological rigidity. The House minority leader, John Boehner, conceded as much: “While we were able to move the bill drastically to the right, it wasn’t good enough for our members.”
It’s not clear what would be good enough for the Republicans since there was very little talk of substance on Monday after the bill died on the floor of the House. Instead, the Republicans tried to blame their revolt on a speech given before the vote by House Speaker Nancy Pelosi, who connected the current crisis to the fiscal and economic mismanagement of the Bush years. It may not have been the perfect moment to say that, but it was true.
Republicans were also upset that serial bailouts represent a rejection of free-market principles. They do. That’s because the free market in finance, unregulated and unsupervised, has failed. And, in its failure, it is inflicting greater damage on an already weak economy.
No amount of amendments to the bailout package will change the administration’s disastrous economic record or erase the manifest failure of the Republicans’ free-markets-above-all ideology.
Since last week, this page has urged Congress to take the time to get the bailout right. Over all, lawmakers have given too little consideration, in public at least, to alternatives to the Treasury’s plan to buy up the bad assets from various financial firms.
In the bill rejected on Monday, the unlimited powers that the Treasury Department had initially sought were curbed, and Congressional oversight was added. But judicial review of Treasury’s purchases was not adequately ensured. The courthouse door was not closed entirely; lawyers could still seek effective remedies for actions that violate the Constitution. But that’s a much higher hurdle than the already formidable barriers in place to discourage lawsuits against the government.
Homeowners were also given short shrift with provisions that mainly urged lenders and the Treasury to do more to help them. That’s unconscionable. The financial crisis is as much a problem for homeowners as for Wall Street investment bankers. Appeals to lenders’ better natures have not worked to bring lasting relief to homeowners. If they are still not working in the coming months, Congress will have to revisit the issue.
Taxpayer protections are also iffy, such as a requirement that in five years, the president must give Congress a plan for recouping any losses from financial firms. What will happen then is anyone’s guess. Lawmakers could decide at that point that taxpayers are the only pit bottomless enough to absorb those losses.
Still, the imperfections in this bill are the result of a democratic process that can be rethought, revisited and reworked. It is better than nothing, which is what some backward-looking House Republicans gave Americans on Monday.