I think it's safe to say that the financial regulation bill has not evolved the way that Simon Johnson predicted last year.  Johnson's thesis was pretty simple -- because of the structural dependence of politicians on financial capital, neither the executive nor the legislative branches would be willing to regulate that sector. 

Johnson wasn't necesaarily wrong in making that prediction -- when in doubt, political scientists follow the money as well.  Still, the regulation that is likely to emerge is clewarly stronger than expected.  In The New Republic, Noam Scheiber has offers his explanation for why

Basic political science tells us that, when Congress targets a complex industry with billions of dollars at stake, the legislation should weaken as it moves toward passage. The industry will plead its case with vehemence, while voters will be oblivious to the importance of subtle changes. “Words on the page are not that critical to the public,” one derivatives industry lawyer told me in March, conveying a general truism. But something unforeseen is happening as Congress wraps up its overhaul of Wall Street: Key elements of the bill are getting tougher—in some cases markedly so....

What explains the unexpected success? The financial-services industry had counted on public passion subsiding with time. As the derivatives lawyer told me a few weeks ago, “The current strategy you’re hearing is basically to keep Republicans together till cooler heads prevail.” But cooler heads aren’t prevailing. As the bailed-out banks have surged back to profitability while unemployment hovers near 10 percent, the public has, if anything, grown crankier. By holding the line on a tougher reform package, the White House has been able to ride the anger rather than get trampled by it. In a moment of rising public frustration, the populist argument gains force the longer the debate continues.

So does this contradict basic political science?  Yes and no.  The outcome is still consistent with political science odels -- just not the ones that focus on interest groups.  Any Americanist will tell you that interest group politics matters a lot.  If public opinion is pretty unified around a high-profile issue, however, then there are hard political constraints that block the ability of lobbyists to do that voodoo that they do so well.  And it's pretty clear that the public is thermonuclearly pissed at the financial sector. 

Still, this is pretty surprising, because financial regulation is so friggin' arcane.  Quick, what's a credit default swap?  A collateralized debt obligation?  Are they examples of derivatives or not?  Sure, readers of this blog likely know the answers to those questions, but I guarantee you that 99% of registered voters do not know the answer.  The fact that public pressure and attention is still mobilized on this issue is unusual. 

I think it's tied into the one part of the story that Scheiber failed to mention -- the SEC indictment of Goldman Sachs.  Whether what Goldman did or not was actually illegal is not the issue.  There was a lot of reporting about what Goldman actually did -- and it seems like they weren't acting like  just a couple of bookies.  The indictment changed the political optics of financial regulation and dramatically reduced the utility of lobbying from the financial sector. 

Finreg isn't law yet, and experts like Johnson might argue that their "capture" story works on other dimensions of the regulation.  Still, I don't think this is a case where basic political science failed -- unless you think that poli sci should have predicted the SEC indictment. 

What do you think? 

Scott Olson/Getty Images

 

KWITTLER

7:16 PM ET

May 5, 2010

Calm before the storm

The basic political science has not failed in this case. It was the timing of the Goldman Sachs indictment, and subsequent Senate hearings that caused the newly firm Finreg process. Of course, this could all fall apart once the Barney Frank House version is merged with the Senate bill. Also, If the Senate bill lingers too long other exogenous factors such as Greece, Spain, Ireland, EU contagion and summer vacation could weaken the bill over time as with the health care bill last year. The Volker rule is to the Senate finance bill what the public option was to health care bill. Time is not the friend of the Volker rule. This is the calm before the storm. As the November election cycle ramps up, we will see the corporate campaign spend floodgates open (thank you Supreme Court). This will create a rip current in which politicians will find it difficult to swim parallel to the shore to save themselves and their constituents.

Some day soon, a politician will need to go one step further than Obama did, by running a solely social media campaign without the requisite $20 to 60 millon dollars on TV ads to become a U.S. Senator. This could embark our politics on a more issues based debate founded more on ideas than coersion, corruption and celebrity. It gets me singing. To dream the impossible dream.. to fight the unbeatable foe......Well maybe I am tilting at windmills but that is what this nation is founded on. Exeunt.

 

ROGERSWEENY

7:59 PM ET

May 5, 2010

It depends what "weak" and "strong" mean.

Much depends on what's actually in the bill. If it's "strong regulation" that imposes new costs but also keeps out new competition, the people already in the business (who are, of course, the ones with the organization and money) may not be hurt too much. They may even prefer it to the status quo.

 

APARICIO

11:27 PM ET

May 5, 2010

They are complex indeed

I have asked many scholars on finance and economics what is exactly a CDS, and have never received a clear and confident answer. Instead, they always get confused explaining and start saying "actually, nobody did understand that".

 

DOUG MERRILL

7:08 PM ET

May 6, 2010

Easy Metrics

From the layperson's point of view, there's an easy way to tell whether Congress is doing the right thing on regulating Wall Street. Are the banksters worried? Are they angry? Are they lobbying furiously?

If the answers are yes, then the thermonuclearly pissed off voter can say to the elected representative "More please."

Foreclosure, unemployment and recession are not arcane. The narrative "Wall Street made this mess, now we are going to make them pay and tighten their leash" is easy to understand and essentially correct. "Who cares what a CDS is?" thinks the median voter, "If the Wall Street banks are squawking, the law is a step in the right direction."

I don't find mobilization on this issue at all hard to understand. Many of these guys make more in one year than a huge number of voters will make in their entire working lives. And then they screwed the pooch so badly that a whole bunch of people lost jobs and homes. That's plenty of reason to stay pissed.

 

Daniel W. Drezner is professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University.

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