Category Archives: markets

A Judicial Error

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The Supreme Court has ordered a restructuring of the Consumer Financial Protection Bureau: its single director, removable only for inefficiency, neglect of duty, or malfeasance in office, among other things, was an unconstitutional abridgment of Executive Branch authority.

Chief Justice John Roberts, writing for the Court, said that the

setup meant the CFPB’s director was unaccountable to the executive branch, creating an unconstitutional diminishment of presidential power.
“The CFPB’s single-director structure contravenes this carefully calibrated system by vesting significant governmental power in the hands of a single individual accountable to no one[.]”

And then,

To address the problem, the court changed the CFPB removal provision to make the director subject to presidential removal for any reason.

That’s the error. The Court’s position of the unconstitutionality of the CFPB’s structure is entirely correct. The Court’s remedy is entirely wrong.

With this ruling, the Court has unconstitutionally legislated from the bench, a thing it does far too often for far too long.

The correct remedy would have been to strike the CFPB entirely as unconstitutional and return this inherently political matter to where it belongs: the political branches of the Federal government, Congress and the Executive Branch for new legislation. And to We the People, the owner-boss of our Government, both the two political and the judicial branches.

Victory for Competitive Free Market Pricing

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So far, hospitals will be required to publish the prices they negotiate with their insurers. This will facilitate the public’s ability to comparison shop for hospital procedures and services so as to drive down costs to the public through competition.

The American Hospital Association had sued in Federal court to block a new Trump administration rule that required such publication, but the judge presiding, Carl Nichols, granted the government’s motion for summary dismissal.

Aside from withstanding the inevitable sequence of appeals, a significant part of what’s left, now, is a requirement for hospitals to publish their success rates for various types of procedure and service.

Errant Satrap

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That’s how the European Union views Great Britain as the EU continues to demand that Great Britain accede to demands they wish to impose on a sovereign nation—solely to bring that subordinate polity to heel. Examples of the EU’s demands:

  • post-Brexit sovereignty to make Britain more competitive via deregulation, environmental rules or tax reform—these must not occur
  • UK’s ability to subsidize industries in line with EU state-aid regulations—this must be curtailed

The first must not be allowed explicitly because of that competition. The second may be bad business overall, but it’s a domestic matter.

And this, regarding tariffs:

new tariff schedule London published last month eliminated levies on some 2,000 goods, or 17% of goods in the schedule, and simplified tariffs on another 40%. Measured by value, 70% of Britain’s imports from other World Trade Organization members will now be tariff-free, compared to 52% under the EU-wide tariff schedule.

Here is the EU’s attempt to prevent British competition.

And the EU’s demands regarding fishing:

bind the UK permanently in EU fisheries rules governing where British and other fishermen can cast their nets. The UK instead wants the same level of sovereignty other coastal countries enjoy to negotiate fishing rights annually.

And that’s the rub: the EU continues to demand to reach into—deep into—British national sovereignty to impose EU governance imperatives on British domestic matters. The EU does not accept Great Britain’s sovereignty.

Every one of those demands individually are deal breakers, and their aggregate demonstrate the EU’s (continued) bad faith in its “negotiations.”

The Brits should walk away from Brussels today and stop wasting their time and effort on the EU’s sham. They have better and more pressing things to do with their resources than negotiating with those who will not.

It’s Time

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The People’s Republic of China has begun welching on its trade agreement with the US. Government-controlled companies buying American farm products have begun canceling their orders to American farmers, orders made under that agreement. So far, the canceled orders amount to chump change.

However.

“A handful of shipments of livestock feed, corn, pork, cotton and some meat imports are pushed back,” said a senior Chinese shipping executive involved in China farm imports who asked not to be identified and who has been briefed on Beijing’s move.
“Private Chinese exporters are not part of this, but it could escalate, depending on how the relationship between the US and China goes forward,” this executive said.

The threat is clear.

It’s time to find, and redirect our farm products to, other markets and stop selling them to the PRC. The PRC is simply too unreliable a trading partner—which should be expected, given that the nation has placed itself as an enemy of us rather than as a competitor.

Chasing Yield

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Chasing yield is the tactic of going for the highest-yielding investment available at the expense of other considerations. One of those considerations that gets disregarded in the chase is whether the yield being…offered…is radically higher than that of other investment vehicles on the market. If it’s much higher, that yield likely is too good to be true.

Another consideration that gets lost in the chase is the underlying soundness of the issuer. Checking the level of soundness is hard work, often tedious and boring. It’s necessary, though, and it’s equally necessary to avoid the flip side of that: the laziness of just jumping onto a handy get-rich-quick scheme, which is what so much of yield-chasing is.

Hence a cautionary tale offered by The Wall Street Journal.

Exchange Traded Notes are “fund” instruments that pedal other people’s debts aggregated into exchange traded fund-like instruments. They’re centered on

options-based strategies and certificates of deposits whose returns are tied to stocks or currencies.

That last is important. When the stock—or stock indexes—or the currency—or currency indexes—fall, the ETN’s instruments fall in value. And whey those instruments fall below a threshold, the issuer can take them off the market.

The issuer is not the ETN—that’s the bit about not owning the asset. However, when the issuer takes its instrument off the market, the ETN is still stuck, and its value falls, and it falls catastrophically if it’s a leveraged ETN.

And that’s what happened during the current sharp market drop. Before the nascent—and still fragile because it’s built on future expectations, not current economy performance—recovery began, one bank alone was forced to take 15 of its ETNs off the market entirely, wiping those investors’ investments. Folks old enough to know better—retirees—but who were trying to double up to catch up from the Panic of 2008 losses, lost hundreds of thousands of dollars in hard cash money and money they could have had had they been willing to collect profits along the way instead of letting it all right on their roulette/faro/baccarat bets.

Don’t understand what I’ve written above regarding ETN structure (I’ve been deliberately very high level in my description)? That’s a hint. If you’re not clear on the nature of the investment you’re contemplating, walk away from it.

 

RTWT.