Pol update & remembering Justice Scalia

On Halloween night I wrote,  "Donald Trump and Ben Carson will decompose in the coming months and try to trade whatever political capital they have in the form of an endorsement, for something they can use to remain relevant".  I also wrote Marco Rubio would become the GOP nominee.   (More fun paring back the candidates, October 31, 2015).  

I stand by these predictions although I now believe Trump may withhold his endorsement of another candidate.
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Millions of Americans are mourning the loss of Justice Antonin Scalia.  He was a colorful, principled and brilliant American jurist.


Justice Antonin Scalia
Wikipedia image

Much has been discussed about his near obsessive attention to originalism (which I learned today he sometimes called textualism).  It means a focus on the intent of the Founders and a dedication to their wording embedded in the U.S. Constitution.  Justice Scalia would often admonish anyone with a desire to understand the Framers intent to read the Federalist Papers.  In fact he was aghast that some law school students haven't read them.  

He was true to those principles as exemplified by this passage from a Wikipedia page...

"Scalia responded to his critics that his originalism `...has occasionally led him to decisions he deplores, like his upholding the constitutionality of flag burning', which according to Scalia is an expression protected by the First Amendment." 

Vive la France!

I sympathize with the great nation and people of America's oldest ally FRANCE.  May God soothe their anguish at this difficult time following the deaths of 130 French citizens at the hands of jihadist murderers.  Our President is mistaken about the national security challenges we face.  Unfortunately, he proclaims that evil abroad is "contained".  All the while, the national debt has grown more under his tenure than it has under all previous US presidents combined.  Perhaps that's why a former Chairman of the Joint Chiefs of Staff famously quipped that the biggest "...threat to our national security is our debt."

A clear and present danger to civil liberties

Destruction of evidence, failure to comply with Congressional subpoenas and giving false testimony before Congress, are impeachable offenses.  One might think of Watergate, but these same offenses also apply to the IRS scandal I wrote about over two years ago ("IRS Plot Could Be Worse Than Watergate" June 9, 2013).  Little fallout has occurred since.

An article for interested readers to examine, was published in the Wall Street Journal (WSJ) last month by Congressmen Ron DeSantis and Jim Jordan.  Anyone who still denies existence of a partisan scandal might want to read this WSJ article:

"The Stonewall at the Top of the IRS" -- July 28, 2015

by Congressman Ron DeSantis and Congressman Jim Jordan

(Also worth reading in WSJ: "How Congress Botched the IRS Probe" -- May 15, 2015 by Foley & Lardner attorney, Ms. Cleta Mitchell.)

Last week, during the Republican Presidential debates, Sen. Rand Paul complained about meta data collected to catch terrorists, but he said nary a word about the IRS issue. 

IRS Commissioner John Koskinen
Official photo

The IRS scandal is more tangible than any federal surveillance problems we've seen, yet Sen. Paul prefers to focus on the NSA without evidence of citizen abuse.  

To be clear, I cherish privacy rights and respect the instincts behind Senator Paul's effort, but I also wonder why he is not more troubled by what's occurred recently at the IRS. 

Spring has sprung!

While it's still too cool in southern Wisconsin to get excited about the weather, the morning sunlight streaming across my lawn is enough.  A week of travel on a sour stomach and poor weather in north Texas, makes me appreciate the moment all the more.  

Image by freepik

On a heavier note; I recently discovered a quote by John Stossel.  I don't know much about Stossel, other than he's a Libertarian.  I've only seen a few of his topical reports on television but his pithy take on the nature of taxation is amusing.  Mr. Stossel says....

"Politicians, bureaucrats and the people they 'rescue' get money through force — taxation.  Don't think taxation is force? Try not paying, and see what happens."

Private mortgage underwriting can benefit America

Image by rawpixel.com on Freepik

“Isn't this what got us in trouble in the first place?” 

That was the first reader comment following a CNN/Money web article concerning a recent shift by government sponsored entities (GSEs) who buy most mortgages from lenders, to accept down payments as low as 3%. The previous minimum was 5%.  

In an era when banks are forced to hold more capital, the GSEs which became insolvent during the financial crisis and received one of the largest bailouts in American history, have cut the minimum down payment for home buyers.

This policy change enacted by the Federal Housing Finance Agency (FHFA) which regulates the GSEs and by extension, influences trillions of dollars in mortgage exposure to American taxpayers, is worrisome.  Defenders of the FHFA actions point out that the change still protects taxpayers by requiring private mortgage insurance (PMI) and it applies only to issuance of fixed rate loans. 

Fixed rate requirement

Fixed rate notes help borrowers to service their debt predictably which in turn helps to manage taxpayer exposure.  Many will recall that waves of defaults occurred in 2007-2008 after in-over-their-heads borrowers experienced mortgage payment increases from adjustable rate loans that reset to higher interest rates.  

Private mortgage insurance requirement

The PMI component offers less comfort to critics.  PMI is by design reactive -- it kicks in after default.  

President Obama recently directed the Federal Housing Authority (FHA) to decrease premiums it collects for FHA mortgage insurance. (The FHA is an agency of the federal government that insures private loans issued for new and existing homes).  

Like the GSEs, the FHA mortgage insurance fund required a taxpayer-funded lifeline in 2013 after unprecedented default volumes.  The stated intention behind all of these moves is to lower the cost of a conventional mortgage for lower income home buyers. According to HUD, these lower mortgage insurance premium rates (alone) will add 250,000 new first-time home buyers. Should we celebrate new first-time buyers, or new qualified first-time buyers?  

The debate
We continue creation of bubbles inflated by some noble intentions and lots of ignoble politics.  I'm dismayed when people still prefer to blame The Great Recession completely on the banks.  Those voices ignore two indispensable enabling factors -- federal government housing policy and monetary policy.  Without state-sponsored encouragement to make loans to anyone with a pulse, there would not have been enough lower credit quality loans to securitize at the volumes we witnessed.

Private sector alternatives

Private sector partnerships can help mitigate publicly-backstopped asset bubbles in the subprime housing markets.  Such programs, which are beginning to take hold in the Twin Cities and elsewhere around the country -- prove that public-private partnerships can work when funded by entities and accredited investors risking their own money.  Such partnerships might help moderate the huge spigot of taxpayer-sponsored mortgage credit and mortgage insurance programs that the Left continues to embrace, without sufficient taxpayer safeguards.

And the debate goes on...

"Crowd lending" as an investment?

You've probably heard of crowd funding web sites like Kickstarter that function as online forums for investors to fund new business enterprises or community projects.  People fund these ventures because they believe a given solicitor's work has intellectual merit, serves some worthy ideal, or includes a compelling new technology.  Contributors do not receive any equity or financial return in exchange for their "investment".  

There are also online forums for "Debt Crowdfunding" which reward investors with a financial return on invested capital.  One leader in this space is Lending Club Corporation which was incorporated in 2007, trades on the NYSE under ticker LC and is registered with the SEC.  A competing company is called Prosper Funding LLC.  

Lending Club touts itself as "the world’s largest online marketplace connecting borrowers and investors" and it has made a palpable impact on the future of consumer lending by facilitating over $6.2B in loans since its platform launch, according to the company website.  If this business doesn't qualify as one with a "disruptive technology"; I don't know one that would.   

Individual or institutional investors that use Lending Club's exchange can invest in hundreds or even thousands of individual notes with consumer loan repayment periods of 36 months or 60 months -- or small business notes -- with loan repayment periods of 12 months to 60 months.  (The majority of consumer loans are issued for debt consolidation or to pay off credit card debt).  

Lending Club partners with WebBank who issues the loans and charges interest rates pegged to each borrower's credit profile.  Less creditworthy borrowers pay comparatively higher interest rates on loans and investors are compensated for the added risk of default, with comparatively higher ROI.  I don't make paid endorsements or investment recommendations, but to be transparent, I've invested in Lending Club notes.

The investor web site is impressively simple to navigate with powerful views, charts and calculations.  One can see individual consolidated returns and returns for Lending Club investors in the aggregate.  The site also gives investors an ability to see loan level detail (without personal identifiers of borrowers) and repayment performance on individual notes.  

As loans are paid back (some loans of course do not perform and get charged off with investors absorbing 100% of the loss) investor cash is credited less a 1% management fee to Lending Club.  

Investor cash -- which is the portion of one's Lending Club investment not committed to credit issuance -- is pooled in a trust account at Wells Fargo Bank.  Lending Club does not take custody of investor cash remitted to this account and investors can withdraw cash via ACH transfer to their own bank account at any time.  

Like any asset class, one ought not invest more than one is prepared to lose.  There's no guarantee on any of the notes or, the solvency of Lending Club.  All said, crowd lending is an intriguing alternative investment to explore.  

Renaud Laplanche photo from Lending Club.

Finally, a word about Lending Club's founder, Renaud Laplanche.  Mr. Laplanche is a former practicing attorney with an MBA from the London Business School who turned himself into a software entrepreneur.  Last year he won the Innovation Award in the consumer products category from the Economist periodical.

Related to that Christmas Eve post...

There's a piece in today's Wall Street Journal called "The Fed's Needless Flirtation With Danger" in which Martin Feldstein writes that in order to stimulate demand, "Well-designed tax rules are a safe and effective alternative to quantitative easing".  

Dr. Feldstein argues that we'd have been better served by tax policies that induce businesses to make new investments and help consumers consume, instead of unleashing so much QE, but some of his contemporaries would challenge that assertion.   Major economists in the media often disagree in practice and do so with the type of certainty reserved for hard science and their views are frequently colored by their political leanings.   

I once saw an Economist on Squawk Box who insisted that professional economists collectively agree on nearly all major policy prescriptions.  I

Nassim Taleb, Wikipedia

wish I could recall his name.  His remarks still strike me as wishful.  Maybe he was right, but it sounded as though he wanted viewers to believe that the discipline of economics breeds the kind of metaphysical certainty found in the natural sciences.  There's a reason that the name for the field of study has long been referred to as "Political Economy". 

To help settle the issue or at least test it, a long form Krugman-Feldstein debate or a Taleb-Krugman debate would be an interesting spectacle, like the sort we could watch years ago.

Paul Krugman, Wikipedia

I'm referring to the old TV debates on public television that featured thought leaders from opposite ends of a policy spectrum who respectfully but forcefully hashed out their differences on politics and economics.  

My favorite debater remains the late William F. Buckley.  Though not a PhD economist, he did hold an undergraduate degree in economics from Yale.  Amazon Prime members can access some of WFB's old "Firing Line" debates for free.

WFB, Wikipedia