I have the perfect yin and yang this semester: I’m studying financial institution law in the mornings, bankruptcy in the afternoons.
Right now, I’m going over my notes for the night. The notes leave me with the lingering sensation that I have a lot to learn about banking.
We’re starting with an exploration of the development of the centralized money system in America. The celebrity Fed chiefs we’re getting used to (think Greenspan, think Bernanke) would be completely unrecognizable to our founders and to almost everyone who lived in the 19th Century.
And it’s a far cry from the world we were in today in class. We were mired in the wildcat banking era of 1836 to, say, 1863.
And I’m torn.
On the one hand, I’m a strong capitalist and I’m deeply suspicious of regulation. On the other, I instinctively feel that banking is a little different from other free enterprise. Maybe because it seems at once germane and exotic. Maybe it’s because I believe what I’ve told: no other business has the power to print money like banks can (oh sure, issuing stock bear some resemblance, but not much). If that’s true, then proponents of strong regulation have a powerful argument: the free enterprise system doesn’t usually inspire the kind of confidence we need. We’ll never trust banks to run around the park with their leash off. They might run away.
The wildcat banking era was a bare knuckled capitalist approach to banking complete with a jurisdictional race to the bottom as states tried figure out who could regulate the least. And it failed spectacularly according to my readings. But does that mean it will always fail? Does that mean we have all been foreclosed from arguing against the Fed? Am I wasting time even thinking about it?
I have a lot to learn.
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