Pols Behaving Badly

Monday, September 29, 2008
Last week an email newsletter from Sojourners featured a quote from U2 rock star and activist Bono (courtesy the American Prospect blog):
It’s extraordinary to me that the United States can find $700 billion to save Wall Street and the entire G8 can’t find $25 billion dollars to saved 25,000 children who die every day from preventable diseases.

The quote is pretty striking given the current shape of the debate over the Wall Street bailout. Bono’s insight is instructive: Once the government takes upon itself tasks that fall outside its regular purview, how do we rightly adjudicate between all the different needy causes? It simply becomes a game of which special interest can hire the most lobbyists.

Indeed, the $25 billion that Bono points out would be necessary to save 25,000 children a day is the same amount that the US government just paid to bailout the domestic auto industry over the weekend.

If the feds are willing to dole out $600-700 billion in corporate welfare for Wall Street, it only seems right that poor families and individuals get their own relative share of government redistribution.

The size of the government bailout relative to the critical debate about the execution of these policies is positively shameful compared to the fiscal cost of the war in Iraq (roughly $560 billion on the upper end) and the critical attention that the war has and continues to receive. Of course dollars aren’t the only costs we’ve incurred in the Iraq war, but they are one salient measure.

On the one hand conservatives often point out that government involvement in provision of welfare should be sharply curtailed or eliminated because it isn’t primarily the government’s task to directly offer assistance to the poor. Rather, that’s the job of institutions of civil society, like church ministries, non-profit charities, and groups promoting individual giving. So it seems inconsistent to claim this and at the same time assert that it is the government’s responsibility to bailout overextended (and therefore irresponsible) corporations with taxpayer money.

UPDATE: A HuffPost blogger takes this logic to its political terminus (emphasis original):
The Democrats, if they truly constituted an opposition party, which they prove every day they do not, could demand that if monies are going to go to bail out Wall Street, at least an equal amount would go to bail out average Americans in the way of health care, full funding for social security and medicare, mortgage and rent protection, infrastructure repair, decent public transportation, investment in green jobs and technology, etc.

One great virtue of the market is that over time it tends to punish bad players. Those who engage in unsustainable business practices will eventually get what’s coming to them. Debt catches up with you and you go bankrupt (unless in an election year cowardly politicians aren’t willing to let companies pay the due penalty for their error).

There’s been some talk about the moral hazards associated with the bailout. One moral hazard is that bad business practices aren’t going to be appropriately punished, and so such short-sighted and unsustainable behavior will be incentivized by reduction or elimination of risk. There’s now going to be an implicit government guarantee of corporations that are “too big” or too important to fail. The cost of this bailout may be $700 billion, but it sets a precedent for future bailouts whose costs are inestimable.

But enough hasn’t been said on another moral hazard that has to do with the good players, people who didn’t take out gimmicky mortgages to finance half-million dollar homes or rush into home ownership when they should have been renting. That’s the flip-side of bailing out bad players...good players get punished and are less likely to continue responsible behavior. And in the face of a government and businesses that are telling us to spend all we can, why should we be financially responsible?
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Colson on Debt and Giving

Wednesday, December 20, 2006
"The wicked borrows but does not pay back,

but the righteous is generous and gives..."
Psalm 37:21

That verse is a pretty good introduction to the issues facing people who declare bankruptcy but want to continue to give to the church. As noted on this blog previously, there was some controversy over the legalization and regulation of the inclusion of charitable donations and tithes when filing for bankruptcy.

In yesterday’s BreakPoint, Chuck Colson weighs in, supporting the efforts of the Obama-Hatch tithing bill to allow “everyone in bankruptcy to continue regularly giving to churches and charities, just as they had before” the 2005 bankruptcy reform legislation had passed.

Colson concludes, “Allowing people to continue giving to others as they try to repay their creditors only promotes responsibility.”

(More on the latest developments on this legislation and recent court decisions here.)
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Government Works to Protect Tithing

Friday, December 8, 2006
Following up on the story from a couple months back about restrictions to bankruptcy filings prohibiting filers from budgeting for tithing, and in the midst of the controversy surrounding Rick Warren’s invitation to Sen. Barack Obama to appear at a Saddleback Church event, news comes both houses of Congress have passed the “Obama-Hatch Tithing Bill.”

The bill would “protect an individual’s right to continue reasonable charitable contributions, including religious tithing, during the course of consumer bankruptcy. The measure passed the United States Senate in late September and will now be presented to the President for his signature” (HT: Religion Clause).

It’s good to see the folks on Capitol Hill respond when the ball is in their court. As U.S. Bankruptcy Judge Robert E. Littlefield, Jr. wrote in his original decision, “Whether tithing is or is not reasonable for a debtor in bankruptcy is for Washington to decide.... Until Congress amends [the 2005 Act], the court’s hands are tied and the tithing principles that this court once applied pre BAPCPA (the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) have been effectively mooted.”

The judge says its not his job to legislate from the bench and that Congress needs to take action if they want to protect tithing. Congress acts and tithing is protected. Now that’s the separation of powers at work.
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Cracking Down on Church Contributions

Monday, September 18, 2006
A week or so ago I passed along a story about the United States Bankruptcy Court for the Northern District of New York’s interpretation of recent legislation to make it illegal for those filing for bankruptcy to tithe, except under very specific circumstances (here’s a good follow-up story).

Well, yesterday Religion Clause (which is, by the way, an excellent blog well worthy of bookmarking), noted that while the aforementioned case had received a great deal of attention, “an equally important case on the issue decided several weeks ago by the Second circuit seems to have gone largely unnoticed.”

In a case decided in late July,
the Second Circuit Court of Appeals held that treating some contributions to churches as fraudulent conveyances in bankruptcy does not violate the Free Exercise of Establishment clauses. It went on to interpret various provisions of the Religious Liberty and Charitable Donation Protection Act of 1998. It held that the statute’s shield for charitable donations of up to 15% of a debtor’s annual income applies to aggregate annual transfers, not to individual donations. The court held that in this case, the Church had waived its claim that it should be able to retain amounts donated to it under the 15% limit. Finally it held that on remand the church could raise the statutory defense that donations in excess of 15% "were consistent with the practices of the debtor in making charitable contributions.

Check out Religion Clause for the case details and relevant links.

Religion Clause, which is “devoted to legal and political developments in free exercise of religion and separation of church and state,” is run by Howard M. Friedman, Distinguished University Professor of Law Emeritus at the University of Toledo College of Law.
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Rendering to Caesar, God, and MasterCard

Friday, September 8, 2006
A press release from the National Association of Consumer Bankruptcy Attorneys, linked over at WorldMagBlog, claims that the bankruptcy reform legislation passed last year is being “reluctantly” interpreted by the United States Bankruptcy Court for the Northern District of New York to mean that “those going through bankruptcy may not tithe to their church or make other charitable donations ... until after they have paid off credit card companies and other creditors. Before the new law went into effect, bankruptcy court judges were required to permit debtors to tithe a portion of their income on a regular basis.”

Those are some pretty strong claims, and you can see the generally negative reaction that this announcement is getting from Christians at WorldMagBlog. Henry Sommer, president of the NACBA, said: “For religious Americans who find themselves deeply in debt due to job loss, catastrophic medical expenses or other circumstances, the 2005 reform legislation didn’t just reword the federal bankruptcy code, it also effectively rewrote Exodus and Deuteronomy. Many who practice their faith and believe that they are bound by creed to tithe a portion of their income will find that Congress effectively decided that what credit cards want is more important than the deeply personal religious practices of Americans.”

Sommer added: “Our nation’s founding fathers who envisioned a separation of church and state never imagined that this division would be used to engorge the profits of moneylenders at the expense of churches.”

If the New York courts interpretation is legitimate, that “this change [under the 2005 law] effectively closes the door for debtors who are above the median income from deducting charitable contributions as an expense unless they can establish the contributions fall under the IRS guidelines,” then what are Christians to do? Is it morally valid for Christians to violate the terms of bankruptcy to continue to tithe?

At the very least, Christians need to be educated about the effects of filing for bankruptcy, one of which apparently may be some infringement on religious practice. As it stands, U.S. Bankruptcy Judge Robert E. Littlefield, Jr. also seems to be calling for some clarification from Congress: “Whether tithing is or is not reasonable for a debtor in bankruptcy is for Washington to decide.... Until Congress amends [the 2005 Act], the court’s hands are tied and the tithing principles that this court once applied pre BAPCPA (the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) have been effectively mooted.”
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