Glass–Steagall legislation: Difference between revisions
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{{short description|Four provisions of the Banking Act of 1933, separating commercial and investment banking}} |
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{{Cleanup|date=July 2007}} |
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{{About|four specific provisions of the [[Banking Act of 1933]], which is also called the '''Glass–Steagall Act'''|the earlier piece of economic legislation|Glass–Steagall Act of 1932}} |
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{{Refimprove|date=July 2007}} |
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{{Wall street crash 1929}} |
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The '''Glass–Steagall legislation''' describes four provisions of the United States [[Banking Act of 1933]] separating [[commercial bank|commercial]] and [[investment banking|investment]] banking.<ref name="name">{{harvnb|CRS|2010a|pp=1 and 5}}. Wilmarth 1990, p. 1161.</ref> The article [[1933 Banking Act]] describes the entire law, including the legislative history of the provisions covered. |
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As with the [[Glass–Steagall Act of 1932]], the common name comes from the names of the Congressional sponsors, Senator [[Carter Glass]] and Representative [[Henry B. Steagall]].<ref>Wilmarth 2008, p. 560.</ref> |
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'''The Glass-Steagall Act of 1933''' established the [[Federal Deposit Insurance Corporation]] (FDIC) in the [[United States]] and included banking reforms, some of which were designed to control [[speculation]].<ref>{{cite web |url=http://www.pbs.org/wgbh/pages/frontline/shows/wallstreet/weill/demise.html |title=Frontline: The Wall Street Fix: Mr. Weill Goes to Washington: The Long Demise of Glass-Steagall |accessdate=2008-10-08 |work=www.pbs.org |publisher=[[PBS]] |date=2003-05-08 }}</ref> Some provisions such as [[Regulation Q]], which allowed the Federal Reserve to regulate interest rates in savings accounts, were repealed by the [[Depository Institutions Deregulation and Monetary Control Act]] of 1980. Provisions that prohibit a [[bank holding company]] from owning other financial companies were repealed on November 12, 1999, by the [[Gramm-Leach-Bliley Act]], which passed in Congress with a 343-86 vote in the House of Representatives, before being sent to conference committee; the final bipartisan bill (Senate: 90-8-1, House: 362-57-15) was signed by President [[Bill Clinton]].<ref>{{cite web |
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| url = http://www.occ.treas.gov/ftp/workpaper/wp2000-5.pdf |
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| title = The Repeal of Glass-Steagall and the Advent of Broad Banking |
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}}</ref><ref>{{cite web |
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| url = http://banking.senate.gov/prel99/1112gbl.htm |
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| title = GRAMM'S STATEMENT AT SIGNING CEREMONY FOR GRAMM-LEACH-BLILEY ACT |
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}}</ref> |
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The separation of commercial and investment banking prevented securities firms and investment banks from taking deposits and commercial Federal Reserve member banks from: |
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==Background== |
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* dealing in non-governmental securities for customers; |
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Senator [[Carter Glass]] ([[U.S. Democratic Party|Democrat]] of [[Virginia]]), co-sponsor of the bill that became the Glass-Steagall Act, and Senator [[Joseph T. Robinson]] (Democrat of [[Arkansas]]): |
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* investing in non-investment grade securities for themselves; |
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* underwriting or distributing non-governmental securities; |
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* affiliating (or sharing employees) with companies involved in such activities. |
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Starting in the early 1960s, federal banking regulators' interpretations of the Act permitted [[commercial banks]], and especially commercial bank affiliates, to engage in an expanding list and volume of securities activities.<ref name="uphold" /> Congressional efforts to "repeal the Glass–Steagall Act", referring to those four provisions (and then usually to only the two provisions that restricted affiliations between commercial banks and securities firms),<ref name="repeal" /> culminated in the 1999 [[Gramm–Leach–Bliley Act]] (GLBA), which repealed the two provisions restricting affiliations between banks and securities firms.<ref name="GLBA" /> |
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'''Mr. Glass''': Here [section 21] we prohibit the large private banks whose chief business is investment business, from receiving deposits. We separate them from the deposit banking business. |
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By that time, many commentators argued Glass–Steagall was already "dead".<ref name="dead" /> Most notably, [[Citibank]]'s 1998 affiliation with [[Salomon Smith Barney]], one of the largest U.S. securities firms, was permitted under the [[Federal Reserve Board]]'s then existing interpretation of the Glass–Steagall Act.<ref name="Citi" /> In November 1999, President [[Bill Clinton]] publicly declared "the Glass–Steagall law is no longer appropriate".<ref>{{cite web |url=https://www.pbs.org/wgbh/pages/frontline/business-economy-financial-crisis/money-power-wall-street/transcript-19/ |title=Money, power, and Wall Street: Transcript, Part 4, (quoted as "The Glass–Steagall law is no longer appropriate—") |publisher=[[PBS]]|work=April 24 and May 1, 2012; encore performance July 3, 2012|access-date=October 8, 2012}} {{Citation|title=Transcript of Clinton remarks at Financial Modernization bill signing|publisher=[[U.S. Newswire]] |location=Washington, D.C.|date=November 12, 1999|quote=It is true that the Glass-Steagall law is no longer appropriate to the economy in which we lived. It worked pretty well for the industrial economy, which was highly organized, much more centralized and much more nationalized than the one in which we operate today. But the world is very different.}}</ref><ref>{{cite web|url=http://www.presidency.ucsb.edu/ws/?pid=56922|title=Statement on Signing the Gramm-Leach-Bliley Act|date=November 12, 1999|work=The University of California, Santa Barbara – The American Presidency Project|access-date=April 6, 2017|archive-date=February 7, 2016|archive-url=https://web.archive.org/web/20160207062207/http://www.presidency.ucsb.edu/ws/?pid=56922|url-status=dead}}</ref> |
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'''Mr. Robinson of Arkansas''': That means if they wish to receive deposits they must have separate institutions for that purpose? |
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Some commentators have stated that the GLBA's repeal of the affiliation restrictions of the Glass–Steagall Act was an important cause of the [[financial crisis of 2007–2008]]. [[Nobel Memorial Prize in Economic Sciences|Nobel Memorial Prize in Economics]] laureate [[Joseph Stiglitz]] argued that the effect of the repeal was "indirect": "[w]hen repeal of Glass-Steagall brought investment and commercial banks together, the investment-bank culture came out on top".<ref name="Kuttner" /><ref name="capitalistfools">{{Cite web|url=http://www.vanityfair.com/news/2009/01/stiglitz200901-2|title=Joseph E. Stiglitz on capitalist fools|last=Stiglitz|first=Joseph E.|website=[[Vanity Fair (magazine)|Vanity Fair]]|date=9 December 2008|access-date=2016-09-11}}</ref> Economists at the [[Federal Reserve System|Federal Reserve]], such as [[Chair of the Federal Reserve|Chairman]] [[Ben Bernanke]], have argued that the activities linked to the financial crisis were not prohibited (or, in most cases, even regulated) by the Glass–Steagall Act.<ref name="W&M" /><ref>{{Cite web|url=http://www.federalreserve.gov/newsevents/speech/bernanke20100103a.htm|title=FRB: Speech--Bernanke, Monetary Policy and the Housing Bubble--January 3, 2010|website=www.federalreserve.gov|access-date=2016-09-11}}</ref><ref name="optimal">Mester, Loretta J. "Optimal industrial structure in banking." (2005).</ref> |
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'''Mr. Glass''': Yes. |
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==Sponsors== |
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The Court also rejected the argument that a bank and its holding company should be treated as a single entity for the purposes of sections 16 and 21, stating that the structure of the Glass-Steagall Act itself indicates the contrary. Id. at n. 24. |
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[[File:GlassSteagall.jpg|thumb|right|300px|[[United States Senate|Sen.]] [[Carter Glass]] ([[Democratic Party (United States)|D]]–[[List of United States Senators from Virginia|Va.]]) and [[United States House of Representatives|Rep.]] [[Henry B. Steagall]] ([[Democratic Party (United States)|D]]–[[Alabama's 3rd congressional district|Ala.-3]]), the co-sponsors of the Glass–Steagall Act.]] |
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The sponsors of both the [[Banking Act of 1933]] and the [[Glass–Steagall Act of 1932]] were [[southern Democrats]]: Senator [[Carter Glass]] of Virginia (who by 1932 had served in the House and the Senate, and as the Secretary of the Treasury); and Representative [[Henry B. Steagall]] of Alabama, who had served in the House for the preceding 17 years. |
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==Legislative history== |
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{{cquote|Although the Supreme Court in ''[[Board of Governors v. ICI]]'' did not consider section 21 in the context of a bank and its subsidiary, we are of the opinion that the Court's conclusion regarding section 21 and holding company affiliates is equally applicable in this instance. Thus, the FDIC does not believe that it would be warranted in extending the reach of the prohibitions of section 21 of the Glass-Steagall Act to bona fide subsidiaries of insured nonmember banks. The FDIC intends, however, to continue to monitor closely developments related to the securities activities of bank subsidiaries.}} |
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{{Main article|1933 Banking Act}} |
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<ref>{{cite web |
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| url = http://www.fdic.gov/regulations/laws/rules/5000-1900.html |
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| title = FDIC Statement of Policy on the Applicability of the Glass-Steagall Act to Securities Activities of Subsidiaries of Insured Member Banks |
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}}</ref> |
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Between 1930 and 1932, Senator Carter Glass (D-VA) introduced several versions of a bill (known in each version as the Glass bill) to regulate or prohibit the combination of commercial and investment banking and to establish other reforms (except deposit insurance) similar to the final provisions of the 1933 Banking Act.<ref>Kennedy 1973, pp. 50-53 and 203-204. Perkins 1971, pp. 497-505.</ref> On June 16, 1933, President Roosevelt signed the bill into law. Glass originally introduced his banking reform bill in January 1932. It received extensive critiques and comments from bankers, economists, and the Federal Reserve Board. It passed the House on February 16, 1932, the Senate on February 19, 1932, and [[Glass–Steagall Act of 1932|signed into law]] by [[Herbert Hoover|President Hoover]] eight days later.<ref>Herring, E. Pendleton, "American Government and Politics: First Session of the Seventy-second Congress." American Political Science Review 25, no. 5, 846-874.</ref> The Senate passed a version of the Glass bill that would have required commercial banks to eliminate their securities affiliates.<ref>Kennedy 1973, pp. 72-73.</ref> |
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Two separate United States laws are known as the Glass-Steagall Act. The Acts (Glass & Steagall) were both reactions of the U.S. government to cope with the collapse of a large portion of the American commercial banking system in early 1933. While many economic histories attribute the collapse to the economic problems which followed the [[Wall Street Crash 1929|Stock Market Crash of 1929]] it is clear that the U.S. banking collapse of 1933, which came three and a half years later, were only partially the result of the stock market collapse in October 1929. |
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The final Glass–Steagall provisions contained in the 1933 Banking Act reduced from five years to one year the period in which commercial banks were required to eliminate such affiliations.<ref>Patrick 1993, pp. 172-174. Kelly III 1985, p. 54, fn. 171. Perkins 1971, p. 524.</ref> Although the deposit insurance provisions of the 1933 Banking Act were very controversial, and drew veto threats from President [[Franklin Delano Roosevelt]], President Roosevelt supported the Glass–Steagall provisions separating commercial and investment banking, and Representative Steagall included those provisions in his House bill that differed from Senator Glass's Senate bill primarily in its deposit insurance provisions.<ref>Patrick 1993, pp. 168-172. Burns 1974, pp. 41-42 and 79. Kennedy 1973, pp. 212-219.</ref> Steagall insisted on protecting small banks while Glass felt that small banks were the weakness to U.S. banking. |
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The Republican Hoover administration had lost the November 1932 election to Franklin Delano Roosevelt, but his administration did not take office until March 1933. The lame duck Hoover Administration and the incoming Roosevelt Administration could not, or would not, coordinate actions to stop the run on banks affiliated with the Henry Ford family that began in Detroit, Michigan, in January 1933. The Federal Reserve chairman Eugene Meyer was equally ineffectual. |
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Many accounts of the Act identify the [[Pecora Commission|Pecora Investigation]] as important in leading to the Act, particularly its Glass–Steagall provisions, becoming law.<ref>Kennedy 1973, pp. 103-128 and 204-205. Burns 1974, p 78.</ref> While supporters of the Glass–Steagall separation of commercial and investment banking cite the Pecora Investigation as supporting that separation,<ref>Perino 2010</ref> Glass–Steagall critics have argued that the evidence from the Pecora Investigation did not support the separation of commercial and investment banking.<ref>Bentson 1990, pp. 47-89. Cleveland and Huertas 1985, pp. 172-187.</ref> |
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Both bills were sponsored by [[United States Democratic Party|Democratic]] [[United States Senate|Senator]] [[Carter Glass]] of [[Lynchburg, Virginia]], a former [[United States Secretary of the Treasury|Secretary of the Treasury]], and Democratic [[United States Congress|Congressman]] [[Henry B. Steagall]] of [[Alabama]], Chairman of the [[U.S. House Committee on Banking and Currency|House Committee on Banking and Currency]]. |
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This source states that Senator Glass proposed many versions of his bill to Congress known as the Glass Bills in the two years prior to the Glass–Steagall Act being passed. It also includes how the deposit insurance provisions of the bill were very controversial at the time, which almost led to the rejection of the bill once again. |
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Congressional Research Service Summary: |
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The previous Glass Bills before the final revision all had similar goals and brought up the same objectives, which were to separate commercial from investment banking, bring more banking activities under Federal Reserve supervision, and to allow branch banking. In May 1933, Steagall's addition of allowing state-chartered banks to receive federal deposit insurance and shortening the time in which banks needed to eliminate securities affiliates to one year was known as the driving force of what helped the Glass–Steagall act to be signed into law. |
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In the nineteenth and early twentieth centuries, bankers and brokers were sometimes indistinguishable. Then, in the Great Depression after 1929, Congress examined the mixing of the “commercial” and “investment” banking industries that occurred in the 1920s. Hearings revealed conflicts of interest and fraud in some banking institutions’ securities activities. A formidable barrier to the mixing of these activities was then set up by the Glass Steagall Act.<ref>http://digital.library.unt.edu/govdocs/crs/permalink/meta-crs-9065:1</ref> |
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==Separating commercial and investment banking== |
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==First Glass-Steagall Act == |
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The first Glass-Steagall Act was the first time currency (non-specie, paper currency etc.) was permitted to be allocated for the federal reserve. |
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The Glass–Steagall separation of commercial and investment banking was in four sections of the 1933 Banking Act (sections 16, 20, 21, and 32).<ref name="name" /> The [[Banking Act of 1935]] clarified the 1933 legislation and resolved inconsistencies in it. Together, they prevented commercial Federal Reserve member banks from: |
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== Second Glass-Steagall Act == |
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* dealing in non-governmental securities for customers |
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The second Glass-Steagall Act, passed on [[16 June]] [[1933]], and officially named the '''Banking Act of 1933''', introduced the separation of bank types according to their business (commercial and investment banking), and it founded the Federal Deposit Insurance Company for insuring bank deposits.{{Fact|date=July 2007}} |
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* investing in non-investment grade securities for themselves |
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* underwriting or distributing non-governmental securities |
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* affiliating (or sharing employees) with companies involved in such activities |
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Conversely, Glass–Steagall prevented securities firms and investment banks from taking deposits. |
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Literature in economics usually refers to this simply as the Glass-Steagall Act, since it had a stronger impact on US banking regulation.{{Fact|date=July 2007}} |
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The law gave banks one year after the law was passed on June 16, 1933, to decide whether they would be a commercial bank or an investment bank. Only 10 percent of a commercial bank's income could stem from securities. One exception to this rule was that commercial banks could underwrite government-issued bonds.<ref>{{Cite web|title=Banking Act of 1933 (Glass-Steagall) {{!}} Federal Reserve History|url=https://www.federalreservehistory.org/essays/glass-steagall-act|access-date=2021-10-01|website=www.federalreservehistory.org}}</ref>{{citation needed|date=October 2019}} |
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===Impact on other countries=== |
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The Glass-Steagall Act has had influence on the financial systems of other areas such as [[China]] which maintains a separation between commercial banking and the securities industries.<ref>{{Citation |
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| url=http://www.worldbank.org.cn/english/content/insinvnote.pdf |
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| title=Developing Institutional Investors in the People's Republic of China |
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| place=paragraph 24}}</ref><ref> |
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{{Citation |
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| last=Langlois |
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| first=John D. |
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| journal=China Quarterly |
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| title=The WTO and China's Financial System |
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| doi=10.1017/S0009443901000341 |
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| year=2001 |
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| volume=167 |
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| pages=610-629}}</ref> |
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There were several "loopholes" that regulators and financial firms were able to exploit during the lifetime of Glass–Steagall restrictions. Aside from the Section 21 prohibition on securities firms taking deposits, neither savings and loans nor state-chartered banks that did not belong to the Federal Reserve System were restricted by Glass–Steagall. Glass–Steagall also did not prevent securities firms from owning such institutions. [[Savings and loan association|S&L]]s and securities firms took advantage of these loopholes starting in the 1960s to create products and affiliated companies that chipped away at commercial banks' deposit and lending businesses.<ref>Michael Brandl, ''Money, Banking, Financial Markets & Institutions'' (Boston: Cengage Learning, 2020), 306-8. {{ISBN|1337904821}}</ref> |
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==Repeal of the Act== |
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See also [[Depository Institutions Deregulation and Monetary Control Act]] passed in 1980, the [[Garn-St. Germain Depository Institutions Act]] deregulating the Savings and Loan industry in 1982, and the |
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[[Gramm-Leach-Bliley Act]] in 1999. |
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While permitting affiliations between securities firms and companies other than Federal Reserve member banks, Glass–Steagall distinguished between what a Federal Reserve member bank could do directly and what an affiliate could do. Whereas a Federal Reserve member bank could not buy, sell, underwrite, or deal in any security except as specifically permitted by Section 16, such a bank could affiliate with a company so long as that company was not "engaged principally" in such activities. Starting in 1987, the Federal Reserve Board interpreted this to mean a member bank could affiliate with a securities firm so long as that firm was not "engaged principally" in securities activities prohibited for a bank by Section 16. By the time the GLBA repealed the Glass–Steagall affiliation restrictions, the Federal Reserve Board had interpreted this "loophole" in those restrictions to mean a banking company ([[Citigroup]], as owner of [[Citibank]]) could acquire one of the world's largest securities firms ([[Salomon Smith Barney]]).{{citation needed|date=October 2019}} |
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The bill that ultimately repealed the Act was introduced in the Senate by [[Phil Gramm]] (R-TX) and in the House of Representatives by [[Jim Leach|James Leach]] (R-IA) in 1999. The bills were passed by a 54-44 vote along party lines with Republican support in the Senate<ref>{{Citation | title = On Passage of the Bill (S.900 as amended ) | url = http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=106&session=1&vote=00105 | accessdate = 2008-06-19}}</ref> and by a 343-86 vote in the House of Representatives<ref>{{Citation | title = On Agreeing to the Conference Report - Financial Services Modernization Act | url = http://clerk.house.gov/evs/1999/roll276.xml | accessdate = 2008-06-19}}</ref>. Nov 4, 1999: After passing both the Senate and House the bill was moved to a conference committee to work out the differences between the Senate and House versions. The final bipartisan bill resolving the differences was passed in the Senate 90-8-1 and in the House: 362-57-15. Without forcing a veto vote, this bipartisan, [[Veto override | veto proof]] legislation was signed into law by President [[Bill Clinton]] on November 12, 1999. <ref>http://www.govtrack.us/congress/bill.xpd?bill=s106-900#votes</ref> |
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By defining commercial banks as banks that take in deposits and make loans and investment banks as banks that underwrite and deal with securities the Glass–Steagall act explained the separation of banks by stating that commercial banks could not deal with securities and investment banks could not own commercial banks or have close connections with them. With the exception of commercial banks being allowed to underwrite government-issued bonds, commercial banks could only have 10 percent of their income come from securities.{{citation needed|date=October 2019}} |
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The banking industry had been seeking the repeal of Glass-Steagall since at least the 1980s. In 1987 the Congressional Research Service prepared a report which explored the case for preserving Glass-Steagall and the case against preserving the act.<ref>http://digital.library.unt.edu/govdocs/crs/permalink/meta-crs-9065:1</ref> |
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==Decline and repeal== |
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The repeal enabled commercial lenders such as [[Citigroup]], the largest U.S. bank by assets, to underwrite and trade instruments such as [[mortgage-backed securities]] and [[collateralized debt obligations]] and establish so-called [[structured investment vehicles]], or SIVs, that bought those securities. <ref>{{cite journal|author=Barth et al|title=Policy Watch: The Repeal of Glass-Steagall and the Advent of Broad Banking|year=2000|journal=[[Journal of Economic Perspectives]]|pages=191-204|volume=14|issue=2|url=http://www.occ.treas.gov/ftp/workpaper/wp2000-5.pdf}}</ref> Citigroup played a major part in the repeal. Then called Citicorp, the company merged with Travelers Insurance company the year before using loopholes in Glass-Steagall that allowed for temporary exemptions. With lobbying led by Roger Levy, the "finance, insurance and real estate industries together are regularly the largest campaign contributors and biggest spenders on lobbying of all business sectors [in 1999]. They laid out more than $200 million for lobbying in 1998, according to the Center for Responsive Politics..." These industries succeeded in their two decades long effort to repeal the act.<ref> |
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{{Main article |Decline of the Glass–Steagall Act}} |
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{{Citation |
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| last=Editorial |
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| magazine=The Nation |
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| title=Breaking Glass-Steagall |
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| year=1999-11-15}} |
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</ref> |
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It was not until 1933 that the separation of commercial banking and investment banking was considered controversial. There was a belief that the separation would lead to a healthier financial system.<ref>{{cite web|title=Banking Act of 1933, commonly called Glass-Steagall|url=http://www.federalreservehistory.org/Events/DetailView/25|access-date=2014-03-20|archive-date=2015-04-28|archive-url=https://web.archive.org/web/20150428033924/http://www.federalreservehistory.org/Events/DetailView/25|url-status=dead}}</ref> As time passed, however, the separation became so controversial that in 1935, Senator Glass himself attempted to "repeal" the prohibition on direct bank underwriting by permitting a limited amount of bank underwriting of corporate debt. |
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'''The argument for preserving Glass-Steagall (as written in 1987):''' |
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In the 1960s, the [[Office of the Comptroller of the Currency]] issued aggressive interpretations of Glass–Steagall to permit national banks to engage in certain securities activities. Although most of these interpretations were overturned by court decisions, by the late 1970s, bank regulators began issuing Glass–Steagall interpretations that were upheld by courts and that permitted banks and their affiliates to engage in an increasing variety of securities activities. Starting in the 1960s, banks and non-banks developed financial products that blurred the distinction between banking and securities products, as they increasingly competed with each other. |
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1. Conflicts of interest characterize the granting of credit – lending – and the use of credit – investing – by the same entity, which led to abuses that originally produced the Act |
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Separately, starting in the 1980s, Congress debated bills to repeal Glass–Steagall's affiliation provisions (Sections 20 and 32). Some believe that major U.S. financial sector firms established a favorable view of deregulation in American political circles, and in using its political influence in Congress to overturn key provisions of Glass-Steagall and to dismantle other major provisions of statutes and regulations that govern financial firms and the risks they may take.<ref>[[Simon Johnson (economist)|Simon Johnson]] and [[James Kwak]], [[13 Bankers|"13 Bankers: The Wall Street Takeover and the Next Financial Meltdown"]], (New York: [[Pantheon Books]], 2010), p. 133</ref> |
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2. Depository institutions possess enormous financial power, by virtue of their control of other people’s money; its extent must be limited to ensure soundness and competition in the market for funds, whether loans or investments. |
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In 1999 Congress passed the '''[[Gramm–Leach–Bliley Act]]''', also known as the Financial Services Modernization Act of 1999,<ref>{{cite web|title=Financial Services Modernization Act of 1999, commonly called Gramm-Leach-Bliley |
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|url=http://www.federalreservehistory.org/Events/DetailView/53}}</ref> to repeal them. Eight days later, President [[Bill Clinton]] signed it into law. |
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==Aftermath of repeal== |
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3. Securities activities can be risky, leading to enormous losses. Such losses could threaten the integrity of deposits. In turn, the Government insures deposits and could be required to pay large sums if depository institutions were to collapse as the result of securities losses. |
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{{Main article |Glass–Steagall: Aftermath of repeal}} |
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After the [[financial crisis of 2007–2008]], some commentators argued that the repeal of Sections 20 and 32 had played an important role in leading to the housing bubble and financial crisis. [[Nobel Memorial Prize in Economic Sciences|Economics Nobel Memorial]] laureate [[Joseph Stiglitz]], for instance, argued that "[w]hen repeal of Glass-Steagall brought investment and commercial banks together, the investment-bank culture came out on top", and banks which had previously been managed conservatively turned to riskier investments to increase their returns.<ref name="capitalistfools" /> Another laureate, [[Paul Krugman]], contended that the repealing of the act "was indeed a mistake"; however, it was not the cause of the financial crisis.<ref>{{Cite news|url=https://www.nytimes.com/2015/10/16/opinion/democrats-republicans-and-wall-street-tycoons.html|title=Democrats, Republicans and Wall Street Tycoons|last=Krugman|first=Paul|date=2015-10-16|newspaper=The New York Times|issn=0362-4331|access-date=2016-09-11}}</ref> |
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4. Depository institutions are supposed to be managed to limit risk. Their managers thus may not be conditioned to operate prudently in more speculative securities businesses. An example is the crash of real estate investment trusts sponsored by bank holding companies (in the 1970s and 1980s). |
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Other commentators believed that these banking changes had no effect, and the financial crisis would have happened the same way if the regulations had still been in force.<ref name="mitigate" /> [[Lawrence J. White]], for instance, noted that "it was not [commercial banks'] investment banking activities, such as underwriting and dealing in securities, that did them in".<ref name="White">{{citation| last=White| first=Lawrence J. | title =The Gramm-Leach-Bliley Act of 1999: A Bridge Too Far? Or Not Far Enough? | journal=Suffolk University Law Review| volume=43| issue=4| year=2010| pages=938 and 943–946|url=http://web-docs.stern.nyu.edu/old_web/economics/docs/workingpapers/2010/White_The%20Gramm-Leach-Bliley%20Act%20of%201999.pdf|access-date=February 20, 2012}}.</ref> |
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'''The argument against preserving the Act (as written in 1987):''' |
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At the time of the repeal, most commentators believed it would be harmless.{{cn|date=December 2023}} Because the Federal Reserve's interpretations of the act had already weakened restrictions previously in place, commentators did not find much significance in the repeal, especially of sections 20 and 32.<ref name="optimal" /> Instead, the five year anniversary of its repeal was marked by numerous sources explaining that the GLBA had not significantly changed the market structure of the banking and securities industries.{{cn|date=December 2023}} More significant changes had occurred during the 1990s when commercial banking firms had gained a significant role in securities markets through "Section 20 affiliates".{{cn|date=December 2023}} |
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1. Depository institutions will now operate in “deregulated” financial markets in which distinctions between loans, securities, and deposits are not well drawn. They are losing market shares to securities firms that are not so strictly regulated, and to foreign financial institutions operating without much restriction from the Act. |
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The perception is{{whose|date=December 2023}} that the Glass-Steagall Act created a sense of accountability among investors within the financial management industry, encouraging them to (in effect) shy away from ultra-risky transactions that could lead to financial meltdown.{{cn|date=December 2023}} It provided litigators validation involving cases against such sub-prime investment instruments on behalf of their clients who were impacted by such injustices.{{cn|date=December 2023}} |
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2. Conflicts of interest can be prevented by enforcing legislation against them, and by separating the lending and credit functions through forming distinctly separate subsidiaries of financial firms. |
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Without formal and defensible protection as detailed in the Glass-Steagall Act, investment companies felt at liberty to move toward unscrupulous investment tactics that had occurred prior to 2009 involving sub-prime mortgages.{{cn|date=December 2023}} Thus a cultural shift was certainly in order{{opinion|date=December 2023}} after its repeal regardless of the loopholes that existed prior.{{cn|date=December 2023}} Although the magnitude may be questionable, the repeal of the Glass-Steagall Act is considered a factor in the global financial crisis revealed in 2008. |
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3. The securities activities that depository institutions are seeking are both low-risk by their very nature, and would reduce the total risk of organizations offering them – by diversification. |
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==Post-financial crisis reform debate== |
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4. In much of the rest of the world, depository institutions operate simultaneously and successfully in both banking and securities markets. Lessons learned from their experience can be applied to our national financial structure and regulation.<ref>http://digital.library.unt.edu/govdocs/crs/permalink/meta-crs-9065:1</ref> |
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{{Main article |Glass–Steagall in post-financial crisis reform debate}} |
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Following the financial crisis of 2007–2008, legislators unsuccessfully tried to reinstate Glass–Steagall Sections 20 and 32 as part of the [[Dodd–Frank Wall Street Reform and Consumer Protection Act]]. Both in the United States and elsewhere around the world, banking reforms have been proposed that refer to Glass–Steagall principles. These proposals include issues of "[[ringfencing]]" commercial banking operations and [[narrow banking]] proposals that would sharply reduce the permitted activities of commercial banks - institutions that provide capital liquidity to investment management firms to shore up over-inflated market valuation of securities (whether debt or equity). Reconciliation of over-committed funds is possible by filing claims to the [[FDIC]] (Federal Deposit Insurance Company) - hence further increasing the federal budget deficit. |
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==See also== |
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* [[American International Group]] |
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* [[Arthur H. Vandenberg]] |
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* [[Commodity Futures Modernization Act of 2000]] |
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* [[Corporate law]] |
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* [[Decline of the Glass–Steagall Act]] |
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* [[Sarbanes–Oxley Act]] |
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* [[Subprime mortgage crisis]] |
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* [[Systemic risk]] |
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* [[Volcker rule]] |
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==Notes== |
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{{Reflist|3 |
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|refs= |
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<ref name="uphold">{{harvnb|CRS|2010a|p=10}}</ref> |
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<ref name="Citi">Simpson Thacher 1998, pp. 1-6. Lockner and Hansche 2000, p. 37. Macey 2000, p. 718.</ref> |
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<ref name="repeal">Reinicke 1995, pp. 104-105. Greenspan 1987, pp. 3 and 15-22. {{harvnb|FRB|1998}}.</ref> |
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<ref name="GLBA">Macey 2000, p. 716. Wilmarth 2002, p. 219, fn. 5.</ref> |
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<ref name="Kuttner">{{citation| last=Kuttner| first=Robert| title=The Alarming Parallels Between 1929 and 2007| journal=The American Prospect| date=October 2, 2007| page=2| url=http://prospect.org/cs/articles?article=the_alarming_parallels_between_1929_and_2007| access-date=February 20, 2012| archive-url=https://web.archive.org/web/20111019192852/http://prospect.org/cs/articles?article=the_alarming_parallels_between_1929_and_2007| archive-date=October 19, 2011| url-status=dead}}.</ref> |
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<ref name="dead">Wilmarth 2002, pp. 220 and 222. Macey 2000, pp. 691-692 and 716-718. Lockner and Hansche 2000, p. 37.</ref> |
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<ref name="mitigate">{{citation| url=http://www.aba.com/Issues/Documents/0b044fd57d78482b9ef3f2a7c194e973GrammLeachHelpedtoResolvenotCausetheCreditCrisisJa.pdf| title=Gramm-Leach-Bliley Did Not Cause the Financial Crisis| date=January 2010| publisher=[[American Bankers Association]]| access-date=July 13, 2012| archive-url=https://web.archive.org/web/20120804064823/http://www.aba.com/Issues/Documents/0b044fd57d78482b9ef3f2a7c194e973GrammLeachHelpedtoResolvenotCausetheCreditCrisisJa.pdf| archive-date=2012-08-04| url-status=dead}}. {{citation| url=http://factcheck.org/2008/10/who-caused-the-economic-crisis/| title=Who Caused the Economic Crisis?| date=October 1, 2008| publisher=[[FactCheck]].org| access-date=February 20, 2012}} {{citation| url=http://www.businessweek.com/stories/2008-09-23/bill-clinton-on-the-banking-crisis-mccain-and-hillary| last=Bartiromo| first=Maria| title=Bill Clinton on the banking crisis, McCain, and Hillary| date=September 23, 2008| magazine=Bloomberg Businessweek Magazine| access-date=October 11, 2012}}</ref> |
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<ref name="W&M">{{citation |last=White |first=Lawrence J. |title=The Gramm-Leach-Bliley Act of 1999: A Bridge Too Far? Or Not Far Enough? |journal=Suffolk University Law Review |volume=43 |issue=4 |year=2010 |pages=938 and 943–946 |url=http://www.law.suffolk.edu/highlights/stuorgs/lawreview/documents/White_Lead_Formatted.pdf |access-date=February 20, 2012 }}{{dead link|date=January 2017 |bot=InternetArchiveBot |fix-attempted=yes }}. {{citation |last=Markham |first=Jerry W. |title=The Subprime Crisis—A Test Match For The Bankers: Glass–Steagall vs. Gramm-Leach-Bliley |journal=University of Pennsylvania Journal of Business Law |volume=12 |issue=4 |year=2010 |pages=1092–1134 |url=http://www.law.upenn.edu/journals/jbl/articles/volume12/issue4/Markham12U.Pa.J.Bus.L.1081(2010).pdf |access-date=February 20, 2012 |archive-date=August 4, 2012 |archive-url=https://web.archive.org/web/20120804064841/http://www.law.upenn.edu/journals/jbl/articles/volume12/issue4/Markham12U.Pa.J.Bus.L.1081(2010).pdf |url-status=dead }}.</ref> |
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}} |
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{{refend}} |
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== |
==Further reading== |
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{{wikisource}} |
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*[[Economic crisis of 2008]] |
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{{refbegin|30em}} |
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* {{Citation|author-link=Benjamin Anderson|last=Anderson |first=Benjamin |title=Economics and the Public Welfare |location=New York |publisher=D. Van Nostrand Company |year=1949 }}. |
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* {{Citation |last1=Barth |first1=James R. |last2=Brumbaugh |first2=R. Dan Jr. |name-list-style=amp |last3=Wilcox |first3=James A. |title=Policy Watch: The Repeal of Glass–Steagall and the Advent of Broad Banking |journal=[[Journal of Economic Perspectives]] |volume=14 |issue=2 |year=2000 |pages=191–204 |jstor=2647102 |doi=10.1257/jep.14.2.191|doi-access=free }}. |
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* {{citation|last1=Blass|first1=Asher A.|last2=Grossman|first2=Richard S.|year=1998|title=Who Needs Glass–Steagall? Evidence From Israel's Bank Share Crisis and the Great Depression|journal=Contemporary Economic Policy|volume=16|issue=2|pages=185–196|doi=10.1111/j.1465-7287.1998.tb00511.x}}. |
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* {{citation|author-link=Arthur F. Burns|last=Burns|first=Arthur F.|year=1988|title=The Ongoing Revolution in American Banking|publisher=American Enterprise Institute|location=Washington, D.C.|isbn=978-0-8447-3654-9|url=https://archive.org/details/ongoingrevolutio0000burn}}. |
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* {{Citation |last=Firzli |first=M. Nicolas |title=Bank Regulation and Financial Orthodoxy: the Lessons from the Glass–Steagall Act |journal=[[:fr: Revue Analyse Financière|Revue Analyse Financière]] |date=January 2010 |pages=49–52 |language=fr}}. |
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* {{Citation |last1=Kroszner |first1=Randall S. |author-link2=Raghuram Rajan |last2=Rajan |first2=Raghuram G. |name-list-style=amp |year=1994 |title=Is the Glass–Steagall Act Justified? A Study of the U.S. Experience with Universal Banking Before 1933 |journal=[[American Economic Review]] |volume=84 |issue=4 |pages=810–832 |jstor=2118032 }}. |
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* {{Citation |last=Lewis |first=Toby |title=New Glass–Steagall Will Shake Private Equity |work=[[Financial News]] |date=January 22, 2010 }}. |
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* {{citation|author-link=Ferdinand Pecora|last=Pecora|first=Ferdinand|year=1939|title=Wall Street Under Oath: The Story of Our Modern Money Changers| publisher=A.M. Kelley|location=New York|publication-date=1966 |work=(reprint of 1939 edition pubslished by Simon &Schuster, New York )|series=Reprints of Economics Classics|lccn=68-20529}}. |
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* {{citation|editor1-last=Saunders|editor1-first=Anthony|editor2-last=Walter|editor2-first=Ingo|year=1997|title=Universal Banking: Financial System Design Reconsidered|publisher=Irwin Professional Publishing|location=Chicago|isbn=978-0-7863-0466-0}}. |
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* {{citation|author-link=Christopher W. Shaw|last=Shaw|first=Christopher W.|year=2019|title=Money, Power, and the People: The American Struggle to Make Banking Democratic|publisher=University of Chicago Press|location=Chicago|isbn=978-0-2266-3633-7|url=https://press.uchicago.edu/ucp/books/book/chicago/M/bo38871708.html}}. |
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* {{Citation |last=Uchitelle |first=Louis |author-link=Louis Uchitelle |newspaper=[[New York Times]] |title=Elders of Wall St. Favor More Regulation |date=February 16, 2010 |url=https://www.nytimes.com/2010/02/17/business/17volcker.html }}. |
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* {{Citation |last=White |first=Eugene Nelson |year=1986 |title=Before the Glass–Steagall Act: An analysis of the investment banking activities of national banks |journal=[[Explorations in Economic History]] |volume=23 |issue=1 |pages=33–55 |doi=10.1016/0014-4983(86)90018-5 }}. |
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* {{citation|author-link=Henry Parker Willis|last1=Willis|first1=Henry Parker|last2=Chapman|first2=John|year=1934|title=The Banking Situation: American Post-War Problems and Developments|publisher=Columbia University Press|location= New York|oclc=742920}}. |
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* {{citation| last=Wilmarth| first=Arthur E. Jr.| year=2007| title=Walmart and the Separation of Banking and Commerce| journal=Connecticut Law Review| volume=39| issue=4| pages= 1539–1622|ssrn=984103}}. |
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{{refend}} |
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==External links== |
==External links== |
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* [https://www.processhistory.org/shaw-a-decisive-influence-the-american-publics-role-in-financial-regulation/ History of Glass-Steagall Act from Organization of American Historians] |
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* [http://law.jrank.org/pages/7165/Glass-Steagall-Act.html Glass-Steagall Act - Further Readings] |
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* [ |
* [https://www.pbs.org/wgbh/pages/frontline/shows/wallstreet/weill/demise.html On the systematic dismemberment of the Act from PBS's ''Frontline''] |
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* [https://fraser.stlouisfed.org/title/466/item/15952 Full text of the Glass–Steagall Act followed by New York Federal Reserve Bank Explanation] |
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* [http://www.altruists.org/f178 Back to the Twenties Through the Looking Glass - Steagall] Hour long Wizards of Money MP3 explaining the Glass-Steagall Act, background to it and impact of it. |
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* [https://fraser.stlouisfed.org/title/675 Glass Subcommittee hearings] |
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* [https://fraser.stlouisfed.org/title/87 Pecora Investigation hearings] |
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* [https://web.archive.org/web/20120224051943/http://www.fdic.gov/bank/analytical/firstfifty/ FDIC History: 1933-1983] |
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* [http://www.kc.frb.org/publicat/sympos/1987/S87.pdf 1987 Federal Reserve Bank of Kansas City Jackson Hole Symposium on Restructuring the Financial System] {{Webarchive|url=https://web.archive.org/web/20120804064825/http://www.kc.frb.org/publicat/sympos/1987/S87.pdf |date=2012-08-04 }} |
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* [https://fraser.stlouisfed.org/title/991 Public Law 73-66, 73d Congress, H.R. 5661: an Act to Provide for the Safer and More Effective Use of the Assets of Banks, to Regulate Interbank Control, to Prevent the Undue Diversion of Funds into Speculative Operations] |
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* [https://news.google.com/newspapers?id=LOsoAAAAIBAJ&sjid=39IEAAAAIBAJ&pg=6593%2C3084741 The Southeast Missourian, March 10, 1933] details legislative debate when passing the bill |
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{{Bank regulation in the United States}} |
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[[Category:1932 in law]] |
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[[Category:1933 in American law]] |
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[[Category:73rd United States Congress]] |
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[[Category:Federal Deposit Insurance Corporation]] |
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[[Category:Repealed United States legislation]] |
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[[Category:Financial regulation in the United States]] |
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Latest revision as of 17:20, 12 November 2024
Wall Street crash of 1929 |
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Foundations |
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The Glass–Steagall legislation describes four provisions of the United States Banking Act of 1933 separating commercial and investment banking.[1] The article 1933 Banking Act describes the entire law, including the legislative history of the provisions covered.
As with the Glass–Steagall Act of 1932, the common name comes from the names of the Congressional sponsors, Senator Carter Glass and Representative Henry B. Steagall.[2]
The separation of commercial and investment banking prevented securities firms and investment banks from taking deposits and commercial Federal Reserve member banks from:
- dealing in non-governmental securities for customers;
- investing in non-investment grade securities for themselves;
- underwriting or distributing non-governmental securities;
- affiliating (or sharing employees) with companies involved in such activities.
Starting in the early 1960s, federal banking regulators' interpretations of the Act permitted commercial banks, and especially commercial bank affiliates, to engage in an expanding list and volume of securities activities.[3] Congressional efforts to "repeal the Glass–Steagall Act", referring to those four provisions (and then usually to only the two provisions that restricted affiliations between commercial banks and securities firms),[4] culminated in the 1999 Gramm–Leach–Bliley Act (GLBA), which repealed the two provisions restricting affiliations between banks and securities firms.[5]
By that time, many commentators argued Glass–Steagall was already "dead".[6] Most notably, Citibank's 1998 affiliation with Salomon Smith Barney, one of the largest U.S. securities firms, was permitted under the Federal Reserve Board's then existing interpretation of the Glass–Steagall Act.[7] In November 1999, President Bill Clinton publicly declared "the Glass–Steagall law is no longer appropriate".[8][9]
Some commentators have stated that the GLBA's repeal of the affiliation restrictions of the Glass–Steagall Act was an important cause of the financial crisis of 2007–2008. Nobel Memorial Prize in Economics laureate Joseph Stiglitz argued that the effect of the repeal was "indirect": "[w]hen repeal of Glass-Steagall brought investment and commercial banks together, the investment-bank culture came out on top".[10][11] Economists at the Federal Reserve, such as Chairman Ben Bernanke, have argued that the activities linked to the financial crisis were not prohibited (or, in most cases, even regulated) by the Glass–Steagall Act.[12][13][14]
Sponsors
[edit]The sponsors of both the Banking Act of 1933 and the Glass–Steagall Act of 1932 were southern Democrats: Senator Carter Glass of Virginia (who by 1932 had served in the House and the Senate, and as the Secretary of the Treasury); and Representative Henry B. Steagall of Alabama, who had served in the House for the preceding 17 years.
Legislative history
[edit]Between 1930 and 1932, Senator Carter Glass (D-VA) introduced several versions of a bill (known in each version as the Glass bill) to regulate or prohibit the combination of commercial and investment banking and to establish other reforms (except deposit insurance) similar to the final provisions of the 1933 Banking Act.[15] On June 16, 1933, President Roosevelt signed the bill into law. Glass originally introduced his banking reform bill in January 1932. It received extensive critiques and comments from bankers, economists, and the Federal Reserve Board. It passed the House on February 16, 1932, the Senate on February 19, 1932, and signed into law by President Hoover eight days later.[16] The Senate passed a version of the Glass bill that would have required commercial banks to eliminate their securities affiliates.[17]
The final Glass–Steagall provisions contained in the 1933 Banking Act reduced from five years to one year the period in which commercial banks were required to eliminate such affiliations.[18] Although the deposit insurance provisions of the 1933 Banking Act were very controversial, and drew veto threats from President Franklin Delano Roosevelt, President Roosevelt supported the Glass–Steagall provisions separating commercial and investment banking, and Representative Steagall included those provisions in his House bill that differed from Senator Glass's Senate bill primarily in its deposit insurance provisions.[19] Steagall insisted on protecting small banks while Glass felt that small banks were the weakness to U.S. banking.
Many accounts of the Act identify the Pecora Investigation as important in leading to the Act, particularly its Glass–Steagall provisions, becoming law.[20] While supporters of the Glass–Steagall separation of commercial and investment banking cite the Pecora Investigation as supporting that separation,[21] Glass–Steagall critics have argued that the evidence from the Pecora Investigation did not support the separation of commercial and investment banking.[22]
This source states that Senator Glass proposed many versions of his bill to Congress known as the Glass Bills in the two years prior to the Glass–Steagall Act being passed. It also includes how the deposit insurance provisions of the bill were very controversial at the time, which almost led to the rejection of the bill once again.
The previous Glass Bills before the final revision all had similar goals and brought up the same objectives, which were to separate commercial from investment banking, bring more banking activities under Federal Reserve supervision, and to allow branch banking. In May 1933, Steagall's addition of allowing state-chartered banks to receive federal deposit insurance and shortening the time in which banks needed to eliminate securities affiliates to one year was known as the driving force of what helped the Glass–Steagall act to be signed into law.
Separating commercial and investment banking
[edit]The Glass–Steagall separation of commercial and investment banking was in four sections of the 1933 Banking Act (sections 16, 20, 21, and 32).[1] The Banking Act of 1935 clarified the 1933 legislation and resolved inconsistencies in it. Together, they prevented commercial Federal Reserve member banks from:
- dealing in non-governmental securities for customers
- investing in non-investment grade securities for themselves
- underwriting or distributing non-governmental securities
- affiliating (or sharing employees) with companies involved in such activities
Conversely, Glass–Steagall prevented securities firms and investment banks from taking deposits.
The law gave banks one year after the law was passed on June 16, 1933, to decide whether they would be a commercial bank or an investment bank. Only 10 percent of a commercial bank's income could stem from securities. One exception to this rule was that commercial banks could underwrite government-issued bonds.[23][citation needed]
There were several "loopholes" that regulators and financial firms were able to exploit during the lifetime of Glass–Steagall restrictions. Aside from the Section 21 prohibition on securities firms taking deposits, neither savings and loans nor state-chartered banks that did not belong to the Federal Reserve System were restricted by Glass–Steagall. Glass–Steagall also did not prevent securities firms from owning such institutions. S&Ls and securities firms took advantage of these loopholes starting in the 1960s to create products and affiliated companies that chipped away at commercial banks' deposit and lending businesses.[24]
While permitting affiliations between securities firms and companies other than Federal Reserve member banks, Glass–Steagall distinguished between what a Federal Reserve member bank could do directly and what an affiliate could do. Whereas a Federal Reserve member bank could not buy, sell, underwrite, or deal in any security except as specifically permitted by Section 16, such a bank could affiliate with a company so long as that company was not "engaged principally" in such activities. Starting in 1987, the Federal Reserve Board interpreted this to mean a member bank could affiliate with a securities firm so long as that firm was not "engaged principally" in securities activities prohibited for a bank by Section 16. By the time the GLBA repealed the Glass–Steagall affiliation restrictions, the Federal Reserve Board had interpreted this "loophole" in those restrictions to mean a banking company (Citigroup, as owner of Citibank) could acquire one of the world's largest securities firms (Salomon Smith Barney).[citation needed]
By defining commercial banks as banks that take in deposits and make loans and investment banks as banks that underwrite and deal with securities the Glass–Steagall act explained the separation of banks by stating that commercial banks could not deal with securities and investment banks could not own commercial banks or have close connections with them. With the exception of commercial banks being allowed to underwrite government-issued bonds, commercial banks could only have 10 percent of their income come from securities.[citation needed]
Decline and repeal
[edit]It was not until 1933 that the separation of commercial banking and investment banking was considered controversial. There was a belief that the separation would lead to a healthier financial system.[25] As time passed, however, the separation became so controversial that in 1935, Senator Glass himself attempted to "repeal" the prohibition on direct bank underwriting by permitting a limited amount of bank underwriting of corporate debt.
In the 1960s, the Office of the Comptroller of the Currency issued aggressive interpretations of Glass–Steagall to permit national banks to engage in certain securities activities. Although most of these interpretations were overturned by court decisions, by the late 1970s, bank regulators began issuing Glass–Steagall interpretations that were upheld by courts and that permitted banks and their affiliates to engage in an increasing variety of securities activities. Starting in the 1960s, banks and non-banks developed financial products that blurred the distinction between banking and securities products, as they increasingly competed with each other.
Separately, starting in the 1980s, Congress debated bills to repeal Glass–Steagall's affiliation provisions (Sections 20 and 32). Some believe that major U.S. financial sector firms established a favorable view of deregulation in American political circles, and in using its political influence in Congress to overturn key provisions of Glass-Steagall and to dismantle other major provisions of statutes and regulations that govern financial firms and the risks they may take.[26] In 1999 Congress passed the Gramm–Leach–Bliley Act, also known as the Financial Services Modernization Act of 1999,[27] to repeal them. Eight days later, President Bill Clinton signed it into law.
Aftermath of repeal
[edit]After the financial crisis of 2007–2008, some commentators argued that the repeal of Sections 20 and 32 had played an important role in leading to the housing bubble and financial crisis. Economics Nobel Memorial laureate Joseph Stiglitz, for instance, argued that "[w]hen repeal of Glass-Steagall brought investment and commercial banks together, the investment-bank culture came out on top", and banks which had previously been managed conservatively turned to riskier investments to increase their returns.[11] Another laureate, Paul Krugman, contended that the repealing of the act "was indeed a mistake"; however, it was not the cause of the financial crisis.[28]
Other commentators believed that these banking changes had no effect, and the financial crisis would have happened the same way if the regulations had still been in force.[29] Lawrence J. White, for instance, noted that "it was not [commercial banks'] investment banking activities, such as underwriting and dealing in securities, that did them in".[30]
At the time of the repeal, most commentators believed it would be harmless.[citation needed] Because the Federal Reserve's interpretations of the act had already weakened restrictions previously in place, commentators did not find much significance in the repeal, especially of sections 20 and 32.[14] Instead, the five year anniversary of its repeal was marked by numerous sources explaining that the GLBA had not significantly changed the market structure of the banking and securities industries.[citation needed] More significant changes had occurred during the 1990s when commercial banking firms had gained a significant role in securities markets through "Section 20 affiliates".[citation needed]
The perception is[whose?] that the Glass-Steagall Act created a sense of accountability among investors within the financial management industry, encouraging them to (in effect) shy away from ultra-risky transactions that could lead to financial meltdown.[citation needed] It provided litigators validation involving cases against such sub-prime investment instruments on behalf of their clients who were impacted by such injustices.[citation needed]
Without formal and defensible protection as detailed in the Glass-Steagall Act, investment companies felt at liberty to move toward unscrupulous investment tactics that had occurred prior to 2009 involving sub-prime mortgages.[citation needed] Thus a cultural shift was certainly in order[opinion] after its repeal regardless of the loopholes that existed prior.[citation needed] Although the magnitude may be questionable, the repeal of the Glass-Steagall Act is considered a factor in the global financial crisis revealed in 2008.
Post-financial crisis reform debate
[edit]Following the financial crisis of 2007–2008, legislators unsuccessfully tried to reinstate Glass–Steagall Sections 20 and 32 as part of the Dodd–Frank Wall Street Reform and Consumer Protection Act. Both in the United States and elsewhere around the world, banking reforms have been proposed that refer to Glass–Steagall principles. These proposals include issues of "ringfencing" commercial banking operations and narrow banking proposals that would sharply reduce the permitted activities of commercial banks - institutions that provide capital liquidity to investment management firms to shore up over-inflated market valuation of securities (whether debt or equity). Reconciliation of over-committed funds is possible by filing claims to the FDIC (Federal Deposit Insurance Company) - hence further increasing the federal budget deficit.
See also
[edit]- American International Group
- Arthur H. Vandenberg
- Commodity Futures Modernization Act of 2000
- Corporate law
- Decline of the Glass–Steagall Act
- Sarbanes–Oxley Act
- Subprime mortgage crisis
- Systemic risk
- Volcker rule
Notes
[edit]- ^ a b CRS 2010a, pp. 1 and 5. Wilmarth 1990, p. 1161.
- ^ Wilmarth 2008, p. 560.
- ^ CRS 2010a, p. 10
- ^ Reinicke 1995, pp. 104-105. Greenspan 1987, pp. 3 and 15-22. FRB 1998.
- ^ Macey 2000, p. 716. Wilmarth 2002, p. 219, fn. 5.
- ^ Wilmarth 2002, pp. 220 and 222. Macey 2000, pp. 691-692 and 716-718. Lockner and Hansche 2000, p. 37.
- ^ Simpson Thacher 1998, pp. 1-6. Lockner and Hansche 2000, p. 37. Macey 2000, p. 718.
- ^ "Money, power, and Wall Street: Transcript, Part 4, (quoted as "The Glass–Steagall law is no longer appropriate—")". April 24 and May 1, 2012; encore performance July 3, 2012. PBS. Retrieved October 8, 2012. Transcript of Clinton remarks at Financial Modernization bill signing, Washington, D.C.: U.S. Newswire, November 12, 1999,
It is true that the Glass-Steagall law is no longer appropriate to the economy in which we lived. It worked pretty well for the industrial economy, which was highly organized, much more centralized and much more nationalized than the one in which we operate today. But the world is very different.
- ^ "Statement on Signing the Gramm-Leach-Bliley Act". The University of California, Santa Barbara – The American Presidency Project. November 12, 1999. Archived from the original on February 7, 2016. Retrieved April 6, 2017.
- ^ Kuttner, Robert (October 2, 2007), "The Alarming Parallels Between 1929 and 2007", The American Prospect: 2, archived from the original on October 19, 2011, retrieved February 20, 2012.
- ^ a b Stiglitz, Joseph E. (9 December 2008). "Joseph E. Stiglitz on capitalist fools". Vanity Fair. Retrieved 2016-09-11.
- ^ White, Lawrence J. (2010), "The Gramm-Leach-Bliley Act of 1999: A Bridge Too Far? Or Not Far Enough?" (PDF), Suffolk University Law Review, 43 (4): 938 and 943–946, retrieved February 20, 2012[permanent dead link ]. Markham, Jerry W. (2010), "The Subprime Crisis—A Test Match For The Bankers: Glass–Steagall vs. Gramm-Leach-Bliley" (PDF), University of Pennsylvania Journal of Business Law, 12 (4): 1092–1134, archived from the original (PDF) on August 4, 2012, retrieved February 20, 2012.
- ^ "FRB: Speech--Bernanke, Monetary Policy and the Housing Bubble--January 3, 2010". www.federalreserve.gov. Retrieved 2016-09-11.
- ^ a b Mester, Loretta J. "Optimal industrial structure in banking." (2005).
- ^ Kennedy 1973, pp. 50-53 and 203-204. Perkins 1971, pp. 497-505.
- ^ Herring, E. Pendleton, "American Government and Politics: First Session of the Seventy-second Congress." American Political Science Review 25, no. 5, 846-874.
- ^ Kennedy 1973, pp. 72-73.
- ^ Patrick 1993, pp. 172-174. Kelly III 1985, p. 54, fn. 171. Perkins 1971, p. 524.
- ^ Patrick 1993, pp. 168-172. Burns 1974, pp. 41-42 and 79. Kennedy 1973, pp. 212-219.
- ^ Kennedy 1973, pp. 103-128 and 204-205. Burns 1974, p 78.
- ^ Perino 2010
- ^ Bentson 1990, pp. 47-89. Cleveland and Huertas 1985, pp. 172-187.
- ^ "Banking Act of 1933 (Glass-Steagall) | Federal Reserve History". www.federalreservehistory.org. Retrieved 2021-10-01.
- ^ Michael Brandl, Money, Banking, Financial Markets & Institutions (Boston: Cengage Learning, 2020), 306-8. ISBN 1337904821
- ^ "Banking Act of 1933, commonly called Glass-Steagall". Archived from the original on 2015-04-28. Retrieved 2014-03-20.
- ^ Simon Johnson and James Kwak, "13 Bankers: The Wall Street Takeover and the Next Financial Meltdown", (New York: Pantheon Books, 2010), p. 133
- ^ "Financial Services Modernization Act of 1999, commonly called Gramm-Leach-Bliley".
- ^ Krugman, Paul (2015-10-16). "Democrats, Republicans and Wall Street Tycoons". The New York Times. ISSN 0362-4331. Retrieved 2016-09-11.
- ^ Gramm-Leach-Bliley Did Not Cause the Financial Crisis (PDF), American Bankers Association, January 2010, archived from the original (PDF) on 2012-08-04, retrieved July 13, 2012. Who Caused the Economic Crisis?, FactCheck.org, October 1, 2008, retrieved February 20, 2012 Bartiromo, Maria (September 23, 2008), "Bill Clinton on the banking crisis, McCain, and Hillary", Bloomberg Businessweek Magazine, retrieved October 11, 2012
- ^ White, Lawrence J. (2010), "The Gramm-Leach-Bliley Act of 1999: A Bridge Too Far? Or Not Far Enough?" (PDF), Suffolk University Law Review, 43 (4): 938 and 943–946, retrieved February 20, 2012.
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- Whitehead, Charles K. (2011), "The Volcker Rule and Evolving Financial Markets" (PDF), Harvard Business Law Review, 1 (1): 39–73, archived from the original (PDF) on July 10, 2012, retrieved February 19, 2012.
- Willis, H. Parker (1935), "The Banking Act of 1933 in Operation", Columbia Law Review, 35 (5): 697–724, doi:10.2307/1115748, JSTOR 1115748.
- Wilmarth, Arthur E. Jr. (1990), "The Expansion of State Bank Powers, the Federal Response, and the Case for Preserving the Dual Banking System", Fordham Law Review, 58 (6): 1133–1256, retrieved February 25, 2012.
- Wilmarth, Arthur E. Jr. (1995), "Too Good to Be True - The Unfulfilled Promises behind Big Bank Mergers", Stanford Journal of Law, Business, and Finance, 2 (1): 1–88, retrieved February 25, 2012.
- Wilmarth, Arthur E. Jr. (2001), "How Should We Respond to the Growing Risks of Financial Conglomerates", Public Law and Legal Theory Working Paper (34): 1–89, SSRN 291859.
- Wilmarth, Arthur E. Jr. (2002), "The Transformation of the U.S. Financial Services Industry, 1975-2000: Competition, Consolidation and Increased Risks", University of Illinois Law Review, 2002 (2): 215–476, SSRN 315345.
- Wilmarth, Arthur E. Jr. (2008), "Did Universal Banks Play a Significant Roe in the U.S. Economy's Boom-and-Bust Cycle of 1921-33? A Preliminary Assessment", Current Development in Monetary and Financial Law, vol. 4, Washington, D.C.: International Monetary Fund, pp. 559–645, ISBN 978-1-58906-507-9, SSRN 838267.
Further reading
[edit]- Anderson, Benjamin (1949), Economics and the Public Welfare, New York: D. Van Nostrand Company.
- Barth, James R.; Brumbaugh, R. Dan Jr. & Wilcox, James A. (2000), "Policy Watch: The Repeal of Glass–Steagall and the Advent of Broad Banking", Journal of Economic Perspectives, 14 (2): 191–204, doi:10.1257/jep.14.2.191, JSTOR 2647102.
- Blass, Asher A.; Grossman, Richard S. (1998), "Who Needs Glass–Steagall? Evidence From Israel's Bank Share Crisis and the Great Depression", Contemporary Economic Policy, 16 (2): 185–196, doi:10.1111/j.1465-7287.1998.tb00511.x.
- Burns, Arthur F. (1988), The Ongoing Revolution in American Banking, Washington, D.C.: American Enterprise Institute, ISBN 978-0-8447-3654-9.
- Calomiris, Charles W.; White, Eugene N. (1994), "The Origins of Federal Deposit Insurance, chapter 5 in The Regulated Economy: A Historical Approach to Political Economy, edited by Claudia Golden and Gary D. Libecap" (PDF), Journal of Comparative Business and Capital Market Law, 5 (2): 137–193, retrieved February 27, 2012.
- Calomiris, Charles W. (2000), U.S. Bank Deregulation in Historical Perspective, New York: Cambridge University Press, ISBN 978-0-521-58362-6
- Canals, Jordi (1997), Universal Banking: International Comparisons and Theoretical Perspectives, Oxford; New York: Clarendon Press, ISBN 978-0-19-877506-5.
- Coggins, Bruce (1998), Does Financial Deregulation Work? A Critique of Free Market Approaches, New Directions in Modern Economics, Northampton, MA: Edward Elgar Publishing Limited, ISBN 978-1-85898-638-8.
- Firzli, M. Nicolas (January 2010), "Bank Regulation and Financial Orthodoxy: the Lessons from the Glass–Steagall Act", Revue Analyse Financière (in French): 49–52.
- Hambley, Winthrop P. (September 1999), "The Great Debate-What will become of financial modernization", Community Investments, 11 (2): 1–3, archived from the original on April 3, 2011, retrieved February 16, 2012.
- Huertas, Thomas (1983), "Chapter 1: The Regulation of Financial Institutions: A Historical Perspective on Current Issues", in Benston, George J. (ed.), Financial Services: The Changing Institutions and Government Policy, Englewood Cliffs, N.J.: Prentice-Hall, ISBN 978-0-13-316513-5.
- Kroszner, Randall S. & Rajan, Raghuram G. (1994), "Is the Glass–Steagall Act Justified? A Study of the U.S. Experience with Universal Banking Before 1933", American Economic Review, 84 (4): 810–832, JSTOR 2118032.
- Lewis, Toby (January 22, 2010), "New Glass–Steagall Will Shake Private Equity", Financial News.
- Mester, Loretta J. (1996), "Repealing Glass–Steagall: The Past Points the Way to the Future", Federal Reserve Bank of Philadelphia Business Review (July/August), retrieved February 25, 2012[permanent dead link ].
- Minsky, Hyman (1982), Can It Happen Again?, Armonk, N.Y.: M.E. Sharpe, ISBN 978-0-873-32213-3.
- Mishkin, Frederic S. (2006), "How Big a Problem is Too Big to Fail? A Review of Gary Stern and Ron Feldman's Too Big to Fail: The Hazards of Bank Bailouts" (PDF), Journal of Economic Literature, 44 (December): 988–1004, doi:10.1257/jel.44.4.988, archived from the original (PDF) on August 21, 2014, retrieved February 25, 2012.
- Pecora, Ferdinand (1939), "Wall Street Under Oath: The Story of Our Modern Money Changers", (reprint of 1939 edition pubslished by Simon &Schuster, New York ), Reprints of Economics Classics, New York: A.M. Kelley (published 1966), LCCN 68-20529.
- Saunders, Anthony; Walter, Ingo (1994), Universal Banking in the United States: What could we gain? What could we lose?, New York: Oxford University Press, ISBN 978-0-19-508069-8.
- Saunders, Anthony; Walter, Ingo, eds. (1997), Universal Banking: Financial System Design Reconsidered, Chicago: Irwin Professional Publishing, ISBN 978-0-7863-0466-0.
- Shaw, Christopher W. (2019), Money, Power, and the People: The American Struggle to Make Banking Democratic, Chicago: University of Chicago Press, ISBN 978-0-2266-3633-7.
- Uchitelle, Louis (February 16, 2010), "Elders of Wall St. Favor More Regulation", New York Times.
- White, Eugene Nelson (1986), "Before the Glass–Steagall Act: An analysis of the investment banking activities of national banks", Explorations in Economic History, 23 (1): 33–55, doi:10.1016/0014-4983(86)90018-5.
- Willis, Henry Parker; Chapman, John (1934), The Banking Situation: American Post-War Problems and Developments, New York: Columbia University Press, OCLC 742920.
- Wilmarth, Arthur E. Jr. (2007), "Walmart and the Separation of Banking and Commerce", Connecticut Law Review, 39 (4): 1539–1622, SSRN 984103.
External links
[edit]- History of Glass-Steagall Act from Organization of American Historians
- On the systematic dismemberment of the Act from PBS's Frontline
- Full text of the Glass–Steagall Act followed by New York Federal Reserve Bank Explanation
- Glass Subcommittee hearings
- Pecora Investigation hearings
- FDIC History: 1933-1983
- 1987 Federal Reserve Bank of Kansas City Jackson Hole Symposium on Restructuring the Financial System Archived 2012-08-04 at the Wayback Machine
- Public Law 73-66, 73d Congress, H.R. 5661: an Act to Provide for the Safer and More Effective Use of the Assets of Banks, to Regulate Interbank Control, to Prevent the Undue Diversion of Funds into Speculative Operations
- The Southeast Missourian, March 10, 1933 details legislative debate when passing the bill
- 1933 in American law
- 73rd United States Congress
- Federal Deposit Insurance Corporation
- Legal history of the United States
- United States federal banking legislation
- Repealed United States legislation
- Financial regulation in the United States
- Separation of investment and retail banking
- History of banking in the United States