As much as I admire the Old Bull Mooses’ single-minded pertinacity, I’ve been unkind lately to the State Senate but at dinner last night Conor, who may be the last of the Jessecrats, set me straight.
I’d written – a couple of days ago – how the Democratic political wizards around Raleigh believe the Senate Republicans have captured the state Chamber of Commerce, turning it into a political appendage of their campaign committee, and the proof is the state and national Chambers contributing $800,000 to a couple of Republican organizations to pay for ads to defeat Democratic Supreme Court Justice Robin Hudson.
As soon as Conor – who has a photographic memory and a penchant for shedding light on obscure pieces of history – set down the menu last night he leaned back and said, You got it ass-backwards – or haven’t you ever heard of Stigler’s theory of ‘Regulatory Capture’?
I had to admit I hadn’t and grinning Conor explained how George Stigler an Economics Professor at the University of Chicago had won a Nobel Prize for his theory of Regulatory Capture – which works like this:
The government, with the best of intentions, sets up an agency to regulate, say, coal ash ponds and immediately the corporations who’re being regulated focus on the new agency, wining, dining, lobbying, wooing, cajoling, and making contributions to politicians to influence the new regulations.
At the same time, on the other side of the ledger, the average citizen (who personally has very little or no stake at all in the regulations) does nothing.
Time passes and all the flattering and wooing and contributing (in hopes of getting their friends appointed to the agency’s staff) bears fruit and, suddenly, instead of regulating the corporation the agency’s been captured by it.Then a worse thing happens: The agency starts passing regulations to help the corporation by giving it an edge over its competitors.
According to Professor Stigler it’s a problem there’s no avoiding and ‘Regulatory Capture’ is a threat every regulatory agency faces by its very nature – protecting an agency from external pressure may be a palliative but in the end, Stigler warns, no regulator at all is better than a captured one.
Conor began ticking off examples of regulatory capture – explaining how the Securities and Exchange Commission was set up to protect the public from Wall Street but now protects Wall Street from the public – then rolled through a list of bills the State Senate had passed which the local Chamber of Commerce supported and said: So wouldn’t you say instead of the Senate capturing the Chamber of Commerce, the Chamber captured the Senate?