The
debate over Elizabeth Warren's candidacy for head of the
brand-new Consumer Financial Protection Bureau is one that pits
liberals against liberals. Progressives
are mobilizing to ensure that President Obama nominates her
to the post. Their adversaries, it seems, are mostly in the White
House, and Treasury secretary Tim Geithner is the most prominent.
There is no corresponding conservative opposition.
Despite the intramural character of the debate, progressives are
talking about Warren's possible nomination in stark terms.
The American Prospect editor Robert Kuttner went so far
as to
write that the financial regulation bill signed yesterday
would be meaningless without Warren at the CFPB: "[People] who
care about whether financial reform is to be real or sham have
been following the drama of whether President Obama will name
Elizabeth Warren to head the new Consumer Financial Protection
Bureau."
The effort to cast Warren as the object of a crucial struggle
between reform-minded outsiders and entrenched insiders is
problematic for two reasons.
The first is that if, as Kuttner suggests, financial reform is a
"sham" without Warren heading the CFPB, then financial reform is
clearly worthless overall. The CFPB, after all, is not one of the
provisions of the reform bill created to correct the regulatory
problems that led to the financial crisis, and it is not intended
to prevent further financial crises. And if the regulatory system
requires the perfect regulator to function effectively, it is not
worth having.
One of the arguments progressives frequently make about financial
regulation, as, for instance, James Kwak and Simon Johnson did in
the otherwise reasonable and enlightening 13
Bankers, is that conservative presidents pick regulators
who intentionally undermine their own offices. We're not likely
to see another president as liberal as Obama for a while, so if
it's a struggle to persuade him to nominate a Warren-style
regulator, progressives should be very worried about the CFPB's
long-term viability.
The second is that by portraying Warren as a protector of Main
Street and friend of the little guy, the left is playing into
some of conservative criticisms of the liberal Washington
establishment, because she is herself a member of that
establishment. It is true that she has managed an effective
Congressional Oversight Panel. Overall, however, she seems to be
a mild conservative caricature of a Beltway liberal, having
placed herself in a position of real power without having done
anything in particular to deserve it. Her route to Washington
prominence was not through winning an election or finding success
in the private sphere , but instead through gaining a position at
Harvard Law School and then vaulting into government. As Megan
McArdle
documents, though, there are real concerns about the quality
of her scholarship at Harvard, and its liberal-friendly
conclusions. It is possible, maybe likely, that Warren could
resolve the questions McArdle raises without any trouble. But no
one has bothered even to stop to ask the questions. Certainly not
the progressives like Kuttner, who apparently don't consider such
questions should be any impediment to installing her in an office
in which she would be able to exercise real power over all kinds
of businesses across the country.
In fact, progressives seem to think that Warren has a right to
the CFPB office. "It's not just that Warren has earned the job,"
Kuttner writes, as though anyone could "earn" the right to wield
such enormous powers, which haven't even been fully determined
under the provisions of the bill yet. Warren's main claim to the
job is that she first proposed a CFPB-like office, but it's not
clear why writing an academic article is supposed to prepare you
for high office. McArdle has promised a follow-up post
criticizing Warren's record as a public official, which I'll be
sure to highlight.