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Romney Presses Attack on Obama Over 'Too Big to Fail,' QM Rule

OCT 3, 2012 11:46pm ET
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WASHINGTON – Republican presidential candidate Mitt Romney sharply questioned President Obama’s bank regulatory policies during the debate Wednesday evening, charging that the Dodd-Frank Act reinforced the notion of “too big to fail” and warning that the failure to finalize a “qualified mortgage” rule has stifled the housing market.

Romney moderated earlier calls to repeal the 2010 law, which placed a host of new requirements on banks in the wake of the financial crisis, instead saying he’d like to replace it. 

Republicans have repeatedly attacked provisions of Dodd-Frank since its passage, with many arguing that the law should be rescinded outright. Romney focused on several parts of the law that have particularly rankled the GOP, including the designation of certain large banks and nonbanks as systemically important.

Regulation is essential. You can’t have a free market work if you don’t have regulation. … At the same time, regulation can become excessive,” Romney told debate host PBS’s Jim Lehrer.

“Dodd-Frank was passed and it includes within it a number of provisions that I think have some unintended consequences that are harmful to the economy. One is it designates a number of banks as ‘too big to fail.’ And they’re effectively guaranteed by the federal government.”

“This is the biggest kiss that’s been given to New York banks I’ve ever seen. This is an enormous boon for them. There have been 122 community and small banks that have closed since Dodd-Frank,” he added.

But at the same time, Romney noted that there “are some parts of Dodd-Frank that make all the sense in the world,” listing “transparency” and “leverage limits” before Lehrer cut him off, in the midst of what amounted to a freewheeling 90-minute showdown between the two presidential contenders. 

Obama’s response appeared tepid at best, failing to substantively rebut the idea that Dodd-Frank solidified “too big to fail.” His lack of specifics may well have been one of the president’s biggest missed opportunities of the debate.

Instead, Obama reminded the audience about some of the causes of the crisis, including borrowers buying houses they couldn’t afford and credit agencies gold stamping the process.

“You also had banks making money hand over fist churning out products that the bankers themselves didn’t even understand,” he said.

“So what did we do? We stepped in and had the toughest reforms on Wall Street since the 1930’s. We said, ‘Banks, you have to raise your capital requirements. You can’t engage in some of this risky behavior that is putting Main Street at risk,” Obama added. “We’re going to make sure you’re having a living will so we know how you’re going to wind things down if you make a bad bet so we don’t have other taxpayer bailouts. In the meantime, by the way, we also made sure that all the help that we provided those banks was paid back – every single dime with interest.”

Obama then pressed on Romney’s earlier calls to repeal the law, warning about the dangers of too little regulation.

“And so the question is, does anybody out there think the big problem we had was there was too much oversight and regulation of Wall Street? Because if you do, then Gov. Romney is your candidate,” he said. 

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Comments (5)
Among President Obama's fumbles last evening was his failure to rebut the following statements by Gov. Romney:

"Dodd-Frank was passed. And it includes within it a number of provisions that I think has some unintended consequences that are harmful to the economy. One is it designates a number of banks as too big to fail, and they're effectively guaranteed by the federal government. This is the biggest kiss that's been given to -- to New York banks I've ever seen...
But I wouldn't designate five banks as too big to fail and give them a blank check. That's one of the unintended consequences of Dodd-Frank."

It is, and has been, the Administration's position that Dodd-Frank eliminates "too-big-to-fail�
Posted by hurley | Thursday, October 04 2012 at 9:22AM ET
So hurley, how does Dodd-Frank prevent "too big to fail" in your opinion?
Posted by someoneelse | Thursday, October 04 2012 at 10:08AM ET
Dodd-Frank institutionalizes too-big-to-fail. There may not be statutory language that adopts it as a national policy, but the reality is TBTF is alive and well in the U.S. It's what community banks feared would happen, and it did.
Posted by rogerbev | Thursday, October 04 2012 at 1:04PM ET
Too big to fail is an issue under Dodd Frank but not for the reasons most people assume. One of the biggest sleeper issues in banking is access to capital. An array of federal laws impose a growing number of requirements, prohibitions and burdens such as the Volcker Rule on entities that directly or indirectly "control" a bank. For a bank holding company, control is presumed at 5% of voting shares. As a result, small to medium size banks have a challenge attracting institutional investors. Many retirement funds, mutual funds and similar entities have internal requirements setting minimum investments and those minimums would put them over 5% of many companies that control a bank. Those investors will not accept the burdens and restrictions incident to becoming a bank holding company so they do not invest. This is not a problem for large banks. It would require billions of dollars to acquire a 5% stake in one of the largest banks. So large banks have no difficulty attracting capital but smaller banks do. In an industry where capital is king, where banks are under almost constant pressure to increase capital, this will insure that large banks are always around while medium size banks will continue to be squeezed and their position in the industry will shrink, not grow, as a result.
Posted by gsutton | Thursday, October 04 2012 at 5:24PM ET
For a longer response to Romney's out-of-left-field comments on QM, see our blog post at http://thinkprogress.org/economy/2012/10/04/964671/romney-debate-qualified-mortgage/
Posted by JRGordonDC | Friday, October 05 2012 at 2:30PM ET
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