Eugene Scalia Quotes
Dodd-Frank is an important statute, but often when the government believes it's handling a particularly important issue, there can be a tendency to overreach.
Scalia, Eugene. Interview. Law360, Portfolio Media, 2015.
Modern finance is so complex and convoluted, that any laws or regulations that government makes are quickly evaded by even more complex and convoluted schemes which the legislators and regulators have to try and control. By the time they learn and understand and finally develop measures to regulate those, the cycle starts again. Hence the “fool’s errand”
The Dodd Frank bill was designed, in the aftermath of the large bank induced meltdown of 2008 and the Great Recession, to regulate the banking industry so that no bank would be “too big to fail”. However, although the bill placed many restrictions on the banks to prevent much of their risky economic behavior, which the banks complained inhibited their growth and profitability. However, the bill did not put any limits on the size of the large banks and their critical proportion of the U. S. Financial System. If a bank was large enough, the government did not dare allow the bank to fail regardless of how profligate the Bank had been with its depositors’ money. So the shareholders made big money from the Bank’s risky behavior if it turned out well, and if not the taxpayers had to bail the banks out, because they were too big to fail without causing much of the rest of the country to also fail. Warren and others wanted a simple solution. Break up the large banks into smaller ones and then if any one of the small units makes poor investments, the bank could fail and other than its shareholders and creditors, the effect would not be so serious that the government could not allow the bank to go into bankruptcy. Mismanaged banks could fail like other mismanaged companies and not take down much or the rest of the country with them. But the banks lobbied to prevent that, and by 2014, 6 years after the taxpayers had to bail out banks that were too big to fail, many of the banks were twice as large as they were when they were already too big to fail.
Eugene Scalia is an American politician and attorney who served in the Donald Trump administration as the 28th United States Secretary of Labor, from September 30, 2019 to January 20, 2021. He was formerly a partner in the Washington, D.C. office of the law firm Gibson, Dunn & Crutcher; and previously served one year as Solicitor of the Department of Labor during the George W. Bush administration. He is a son of the late Supreme Court Associate Justice Antonin Scalia.
