http://www.alternet.org/story/36895/

Myth of the Liberal Nanny State

By Joshua Holland, AlterNet. Posted June 8, 2006.

Economist Dean Baker lays waste to one of the most cherished myths of 
conservative philosophy.

Our economic arrangements, and the political discourse that supports 
them, balance precariously on some deeply held myths.

Among the most fanciful is the notion that conservatives are 
self-reliant actors who embrace a private sector free from government 
meddling. Supposedly, the right is content to take on the free-market 
with strength and skill, and let the chips fall where they may, while 
liberals look to the state to be their protective nanny, there to 
iron out the wrinkles of a dynamic, entrepreneurial society.

It's a "zombie lie" -- no matter how many times you shoot it in the 
face, it keeps coming back to haunt you.

But economist Dean Baker, co-director of the Center for Economic and 
Policy Research, is trying his best to knock it down. Baker knows 
what the phrase "free market" really means, and in his new book, The 
Conservative Nanny State (which you can purchase in paperback or 
download as an e-book free of charge), he lays waste to the notion 
that American conservatives embrace anything resembling a truly free 
market. In fact, they're perverse Marxists, using heavy-handed 
government intervention to redistribute wealth upward.

I recently caught up with Baker at his Washington, D.C., offices to 
get the scoop on The Conservative Nanny State.

Joshua Holland: Your book cuts right to the heart of one of the most 
cherished myths of conservative philosophy. You say that 
conservatives are not, in fact, self-reliant fans of free-markets. 
Lay out your thesis in a nutshell.

Dean Baker: Well that's the stereotype -- that conservatives are 
willing to take the hard knocks when they come -- but in my book I 
argue that what the conservatives have done is they've rigged the 
deck. They've made sure that certain people come out ahead, that 
income flows upward, and that other people are put at a disadvantage 
-- and these things are built into the rules of the system. And then 
what they want to do -- in talking about "free markets" -- is they 
want to kick back and say, "No, no, no; those are the rules, and we 
can't talk about them." They don't want to talk about how the deck is 
rigged; they want us to fight over the small scraps.

Holland: That's a good segue. You made a point about how our economic 
arrangements are considered part of a natural system. And you say 
that when it comes to markets, nanny-state conservatives are all 
"creationists" and adherents of "intelligent design." What do you 
mean by that?

Baker: Well, you go through a list of policies, and they want to act 
like the way the market works today -- the way the economy's 
structured -- that it's simply the natural course of things. They 
didn't do it; it just evolved that way. And what I'm trying to argue 
is that they did do it.

And let's just get into some concrete examples. Take trade -- they've 
managed to frame the debate beautifully. They're for free trade. They 
want to compete in the world economy, and if you're a loser, you 
should get better skills or get more education. Maybe we'll throw you 
a bone here or there, but it's basically your problem if you can't 
compete.

But the truth is, we carefully structured these trade agreements -- 
we put great effort into it -- to put our manufacturing workers into 
competition with manufacturing workers in developing nations. That 
meant going to these places and asking: What kind of problems does 
General Motors face if they want to set up a manufacturing plant in 
Mexico or Malaysia or China? What can we do to make it as easy as 
possible? That means that they know they can set up their factory and 
not have it nationalized, not have restrictions on repatriating 
profits, etc. Then they need to be able to import the goods back into 
the United States, and that means not only making sure there are no 
tariffs or quotas, but also that there's no safety or environmental 
restrictions that might keep the goods out.

Now what they could have done -- and this would have been a true free 
trade policy -- they could have said, "Look, there are a lot of very 
smart people in Mexico and China and India. And they can be doctors, 
lawyers, accountants and economists, and they would drive down costs 
in those areas enormously." We'd get our health care for much, much 
less -- we'd save hundreds of billions of dollars per year -- our 
college tuition would fall, because we'd pay college professors much 
less. We could make the whole thing transparent -- set up standards 
to make sure that we get the same quality of doctors.

Enormous savings for the United States -- a great free trade story -- 
but instead of putting downward pressure on the wages of our auto 
workers, we'd be putting downward pressure on the wages of our 
highest earners. If we brought our wage structure for doctors just 
down to European levels, you'd be talking about saving $80 billion 
per year. That's a big chunk of our health care bill right there. But 
no one talks about that, and that's a classic example of framing the 
debate about what "free" trade is.

Holland: How does that compare with the projected gains from NAFTA, 
for example?

Baker: If you look at honest projections, you're talking about gains 
of maybe $10 billion per year.

Holland: So eight times the benefits?

Baker: Yeah.

Holland: You think that liberals shouldn't shy away from markets, 
just that we have to point out how the "conservative nanny state" has 
rigged the game. Explain.

Baker: The way a lot of liberals approach policy is that they take 
the current market situation as a given. But if you look at the last 
quarter century, we've had pretty good growth -- not outstanding, but 
pretty healthy growth -- and the vast majority of those gains have 
gone to those at the high end. If you look at incomes in the middle, 
there have been very modest gains; most of the income has flown 
upwards. So what a lot of liberals do is they say, "OK, let's see 
what we can do to redistribute those gains. So let's institute an 
earned-income tax credit. Let's increase the minimum wage."

I support those things too, so I don't mean to trash those policies, 
but my point is that it's much, much harder to tax money away from 
people and redistribute it than it is to structure rules so the 
income doesn't all go upwards. So we made a mistake of focusing on 
redistribution after the fact instead of getting into the battle and 
asking if we can have different rules and better rules. We aren't 
against the market -- I make the analogy about the wheel. We don't 
want to get rid of the wheel -- but instead of letting the 
conservatives shape the market so that income flows up, let's 
restructure it so that we share in the gains, or even so that more 
benefits flow to the bottom.

Holland: Progressives going after the conservative free-market 
mythology often point to obvious ways the right intervenes in the 
private sector-- things like corporate welfare. But you talk about 
less obvious examples of big-government intervention, so let's get 
into some examples. Why is so-called "tort-reform" a big-government 
policy?

Baker: First, let me just be clear about what the issue of torts is 
about. When a corporation or an individual does us harm, torts are 
there to give us an opportunity to collect damages. That's not a 
liberal principle, that's actually a conservative principle. It's 
saying: "We're holding people accountable for their actions. People 
are responsible for the damage that they cause." And what's happened 
in the past two, three decades is there have been a lot of cases 
where you've had individual or class-action suits against 
corporations, saying, "You've caused us harm." Tort suits -- you can 
look at the tobacco suits Š

Holland: Or asbestos Š

Baker: Another good example Š Tort suits -- like when an industry 
knows the damage they're doing, and they conceal evidence that showed 
they were causing damage. So a conservative who believes in limited 
government should say, "OK, you're responsible, you pay for the harm 
you cause." What we've had is these corporations running to Congress 
and saying, "This is abusive. These people are making us pay too 
much, and you have to make it more difficult for people to sue."

And that's what tort reform is all about. It's to throw up obstacles 
and make it harder for people to sue, and one way they do that is by 
making it harder for people to get lawyers. One item in their tort 
reform proposals that's a good example of market intervention are all 
these restrictions on the kind of contracts that I can sign with a 
lawyer to represent me. They say that a lawyer can get a maximum 
contingency fee of 30 percent. Now a true free-market conservative 
would say that's up to me. If I want to give the lawyer 80 percent of 
my settlement, that's my business.

And, as a practical matter, what the conservatives are trying to do 
is make it impossible to get a lawyer because most people can't 
afford to pay for a lawyer upfront, and there are high costs going up 
against these well-funded corporate lawyers.

Holland: And in terms of tightening up bankruptcy: Isn't it a 
function of the state to help enforce contracts -- I mean even real 
libertarians would agree. But you say it was a form of nanny-statism 
-- if you will -- the way the Congress approached it last year.

Baker: The story here is that you and I sign a contract, and you owe 
me so much money. OK, so that's between you and me. Then we set up 
rules about what happens if you don't pay. Historically, most loans 
were attached to specific pieces of property -- most commonly land or 
a house -- so it was fairly straightforward what would happen if you 
didn't pay -- if you fall behind, I go to court and the judge says, 
"OK, give him the deed to the house," and it's settled.

Now what's happened is that we've seen an explosion in debt that 
isn't attached to a home or a car or whatever -- mostly credit card 
debt -- and that's harder to collect. The market story is that, as a 
lender, I'm supposed to be able to evaluate risk. I'm the credit card 
company. It's a market economy, and some people are good at 
evaluating risk and others are bad at it. If I'm bad at it and I give 
loans to a lot of people who aren't able to pay, well, bad luck for 
me. I'm out of business or I take the loss, and those who are good at 
it are rewarded.

What happened instead was you had the credit card companies running 
to Congress and saying, "Hey, a lot of people aren't paying their 
bills." As a practical matter, it turns out, the main reason people 
aren't paying their bills is they lost their jobs or had big medical 
bills -- things like that. But aside from that, what the creditors 
were saying is that they wanted Congress to chase after these people. 
They don't ever want them off the hook; they want the government to 
monitor their earnings for 10 or 20 years and deduct money from their 
paychecks all because they made bad loans. That's big government.

Holland: Now, I think I found an error in your book.

Baker: Uh-oh.

Holland: You say that corporations are some kind of 
government-created entity, but I think in Genesis it goes Adam, then 
Eve, then something about an apple tree and then Š GM, right?

Baker: Exactly, right there in the Bible. It's, again, another one of 
those areas where progressives have just been out to lunch in the 
sense that the whole corporate structure is a creation of the 
government. You and I can negotiate contracts. We can have a 
partnership and do business, but only the government can make that 
into a separate legal entity, and there are important privileges that 
go with that entity -- most importantly limited liability.

An obvious example in the news is Enron. When Enron went out of 
business, they owed a lot of people money, and to the extent that 
they had assets, some people collected. But you couldn't go to the 
individual shareholders and say, "You owned Enron stock, I want your 
house, I want your bank account, you owe me." That's limited 
liability, It's what a corporation does, and it doesn't exist in a 
state of nature.

The point here is that this is, in effect, a special privilege, and 
the government has the right to make rules about those receiving that 
privilege. You don't have to form a corporation if you don't like the 
rules; many people do prefer partnerships to corporations.

One of the points I make is that there's been a serious problem with 
corporate accountability that's been seen, most obviously, in CEO 
pay, which goes into the tens and sometimes the hundreds of millions. 
Now, you don't see that in Europe or Japan. Their CEOs are very well 
paid, but they don't go away with, you know, salaries of 20 million 
or a hundred million like we've seen here in the U.S.

Holland: About 250 times that of the worker at the bottom.

Baker: Yeah, and you could go the route, as some people have 
suggested, of having the government put a cap on it, but what I say 
is: Well, why don't we just change the rules to make it more 
difficult for these CEOs to get this money? What I suggest in the 
book is simply sending out proposed CEO pay packages to a shareholder 
vote -- it could be every year; it could be every few years, whatever.

Now the way shareholder votes work now is the deck is hugely stacked 
in the CEO's favor, so suppose you changed the rules and required 
CEOs' pay packages had to go out to the shareholders for a regular 
fair vote? My guess is that you'd see a lot lower CEO pay.

Holland: Let me go away from the book for one question. You analyze 
economic reporting on your blog, Beat the Press, which I read every 
day. And, among the expected slips, you find some really egregious 
reporting errors, all of which seem to go in one direction 
ideologically. But you always say that it's laziness. You wonder why 
don't they have better fact-checking. Does it ever occur to you that 
they might just be big, fat dirty liars who know exactly what they're 
saying is false?

Baker: Yeah, well, I try my best to refrain, both for my own mental 
health and because it doesn't help to call anyone a liar. So I'll 
credit them for being sloppy, for making mistakes, but I'd prefer to 
just point out the mistakes and ask for corrections. What I'm 
inclined to think, when I see really silly reporting is that you have 
reporters make mistakes, and the editors don't scrutinize the figures 
when the mistakes track with their preconceived notions about how the 
economy works.

So, one recent example was the Washington Post reporting that since 
NAFTA passed, Mexico had seen annual growth of 17 percent -- which 
would make it the fastest growing country in the history of the 
world. And because editors were inclined to believe that Mexico had 
experienced rapid growth -- the Washington Post supports NAFTA and 
probably most of the editors do too -- they didn't scrutinize it and 
see that it was absolute nonsense. What I will say is that we've 
tried hard -- and continue to try -- to get them to correct it, but 
they haven't.

And I think in terms of correcting the record, there's a very serious 
problem of bias because if, for example, they had done the opposite 
and someone from the Bush administration called and said, "Hey, you 
understated Mexico's growth under NAFTA," my guess is the correction 
would have appeared the next day. And remember, this is archived -- 
the article appears on Lexis-Nexis and comes up on searches.

Holland: Last question. You wrote: "Many progressives even use the 
phrase 'market fundamentalist' as a term of derision directed against 
conservatives. Such attacks must delight the intellectual defenders 
of the conservative nanny state." You want us to refrain from 
validating their arguments. But you don't really get into how we 
should be discussing these issues.

Baker: I think the main thing is that we have to get in there and 
fight over the definitions of the market, because when we say they're 
"market fundamentalists," we're acting like they're willing to accept 
market outcomes. And when we do that, we've already given away the 
store; we've let them set the rules of the market and determine how 
income's going to flow, and that leaves us fighting over the crumbs.

What I want to do is point out all the places where they've 
intervened in the market, and then open those areas up for discussion 
-- I think we need to get in and fight over the rules. I talk in the 
book about how the Fed impacts employment, how we structure rules on 
corporations, how we come up with tax rules, and trade policy, I talk 
about intellectual property -- tremendously important in the economy 
-- the point is to call attention to all the places the government is 
intervening today, not all of which are bad by any means, but let's 
talk about it. Let's sit down and acknowledge that they want the 
government to intervene in the markets and debate how best to 
structure that intervention so that it works for everyone.

Joshua Holland is an AlterNet staff writer.

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