Corporate America, "fat cat" investors, entrepreneurs--and maybe
even anyone with a special yen for French fries--could be in for a
bumpy ride for the next couple of years. Especially if they drive
an SUV.
That's because so many liberal Democrats rode a wave of heated
rhetoric to electoral victory last month. In their campaigns,
liberals railed harshly against a litany of homegrown "evils." Some
were entire industries: oil and natural gas, pharmaceuticals,
tobacco, fast food chains--and virtually any sector that dares emit
a greenhouse gas. Others were specific firms--Wal-Mart and
Halliburton, for instance.
Also demonized were whole segments of the population: wealthy
individuals who, it is said, simply refuse to pay their "fair
share" of taxes; nobs who dare invest in overseas "tax havens";
overpaid corporate CEOs; physicians (They must be filthy
rich, right?); mom-and-pop entrepreneurs who do not buy health
insurance for their employees; and bubbas with a weakness for
tobacco, fatty foods, gas-guzzling SUVs and guns.
If the liberals who vowed to bring these "enemies of the people"
to heel actually follow through on their rhetoric, a large slice of
America may soon feel a pinch. For some, it could mean a higher tax
bill; for others, enhanced regulatory burdens. Still others will
face the prospect of endless "oversight" hearings or multi-billion
dollar civil lawsuits and criminal prosecution for purely economic
crimes.
How, precisely, will this unfold on Capitol Hill?
First, the good news. The "pay-as-you-go" (PAYGO) budget standard
on which Democrats campaigned should constrain their ability to
dramatically expand federal spending. Indeed, on November 21,
incoming Speaker Nancy Pelosi (D.-Calf.) announced that the new
motto of the Democratic Party is "no new deficit spending." Last
week, the incoming chairman of the Senate Budget Committee, Kent
Conrad (D.-N.D.), echoed Pelosi, saying: "As a basic principle, we
should say everything's got to be offset. You want to do something,
bring us the money. Show us the money."
If the Democrats apply PAYGO to all categories of spending, and
not just to entitlement programs, politically attractive schemes
will run head-on into the PAYGO buzz saw--the requirement that
proposals that would increase spending pay for them, either by
offsetting spending cuts or tax increases. This requirement could
be a legislative stake in the heart for liberal plans to hike
spending on higher education, alternative fuels, mass transit,
housing, or health care. With Bush in the Oval Office and at least
40 conservative senators determined to pounce on any tax increase,
liberals will find it next to impossible to advance an agenda that
adds to the taxpayers' fiscal burden.
So, if massive new spending increases are unlikely, where else
might the new congressional leadership turn to advance its liberal
agenda? Rather than tax and spend, the real new motto for the
Democratic Party could well be: regulate, and then regulate some
more.
Consider some of the regulatory initiatives the new power brokers
have in store for us:
- The Internet: Liberals have long sought to make Internet
accessibility the newest entitlement. Expect to see legislation to
make "affordable" broadband access available to all Americans
within five years, privacy legislation that will limit online
marketing and advertising practices, and the imposition of net
neutrality requirements on Internet providers.
- Global Warming and Energy Independence: The quest for
"energy independence" could lead to costly mandates. Automakers
will be required to increase fuel efficiency. And consumers may be
forced to make greater use of alternative fuels such as wind,
biomass and ethanol. Liberals also want to give the Environmental
Protection Agency authority to regulate carbon emissions, a
potentially debilitating burden on the industrial sector.
- Price Controls: Liberal have an irrational fondness for
price controls. In addition to boosting the federal minimum wage,
they will try to dictate pricing in the health sector (by
controlling drug prices and the fees Medicare and Medicaid will pay
doctors for treating the elderly and the poor), the energy industry
(by enacting draconian "price gouging" laws that will penalize the
oil industry if and when prices spike again), and executive
compensation (by making it easier for shareholders to mount legal
challenges to "excessive" CEO pay packages).
- Consumer Protections: A few examples of this wide-ranging agenda include regulating "abusive" mortgage lending practices, imposing tighter safety standards on food and drugs, stipulating the interest rates on student loans, and regulating the investment practices of pension funds.
These regulatory initiatives may not set off budgetary alarm bells, but they would place an unforgiving straitjacket on the most innovative parts of our economy and set us on a course to European-style stagnation. It is on this terrain that the major legislative battles in the 110th Congress will be fought.
Michael Franc who has held a number of positions on Capitol Hill, is vice president of Government Relations.
First appeared in Human Events