Let's really talk about "corporate welfare"
One thing I have yet to see clarified from the Obama team is what, if anything, it plans to do about state and local government use of subsidies to attract economic activity, everything from auto and aircraft plants to retail facilities. We are talking big money here: I estimated in my book Competing for Capital (Georgetown University Press, 2000) that state and local governments spend close to $50 billion annually in such subsidies. This spending is often pure waste (the facility would have located in the same place without the subsidy) and is mainly an effect of firms' ability to locate somewhere else, or threaten to do so.
This silence on the part of the new administration is particularly odd when you consider that its agenda at change.gov lists action against foreign subsidies as an important element of its economic policy. Many state and local subsidies are big enough to affect international trade, most notably the $3.2 billion Boeing received for building its new airliner in Washington state, which is already the subject of a European Union complaint at the World Trade Organization (which won't be resolved until sometime next year). It's not good to appear to be the pot calling the kettle black.
These subsidies often lead to economic inefficiency (overcapacity in the auto industry would be one example), inequity (average taxpayers paying corporations) and sometimes even environmental harm, so they need a lot more scrutiny than they usually get. Moreover, the states have shown that they can't even keep voluntary no-raiding agreements with each other, so federal action is needed. In the European Union, such "federal" action is already a reality. Member states' governments have to notify the European Commission in advance when they want to give a subsidy, and wait for Commission approval to do so. There are clear-cut rules governing when subsidies will be allowed (investment in objectively low-income areas of the EU, R&D, and environment are three important reasons), and sanctions with teeth for governments that violate the rules. The outcome has been a steady decline in subsidies there, in sharp contrast to the continuing increases here (see data at http://ec.europa.eu/comm/competition/index_en.html). The notification rules also provide a level of transparency that is far above that in the U.S. (though our situation is improving, as you can read at goodjobsfirst.org). While we can't simply adopt EU rules in the context of our institutions, we do need to think about what we can borrow from their practice, starting most importantly with transparency.
For way more about the issue of investment incentives, see my report to the Global Subsidies Initiative, "Investment Incentives: Growing Use, Uncertain Benefits, Uneven Controls," at www.globalsubsidies.org
P.S. I put the scare quotes around "corporate welfare" because I don't like the implication of that term that there is anything wrong with welfare payments to individuals.
This silence on the part of the new administration is particularly odd when you consider that its agenda at change.gov lists action against foreign subsidies as an important element of its economic policy. Many state and local subsidies are big enough to affect international trade, most notably the $3.2 billion Boeing received for building its new airliner in Washington state, which is already the subject of a European Union complaint at the World Trade Organization (which won't be resolved until sometime next year). It's not good to appear to be the pot calling the kettle black.
These subsidies often lead to economic inefficiency (overcapacity in the auto industry would be one example), inequity (average taxpayers paying corporations) and sometimes even environmental harm, so they need a lot more scrutiny than they usually get. Moreover, the states have shown that they can't even keep voluntary no-raiding agreements with each other, so federal action is needed. In the European Union, such "federal" action is already a reality. Member states' governments have to notify the European Commission in advance when they want to give a subsidy, and wait for Commission approval to do so. There are clear-cut rules governing when subsidies will be allowed (investment in objectively low-income areas of the EU, R&D, and environment are three important reasons), and sanctions with teeth for governments that violate the rules. The outcome has been a steady decline in subsidies there, in sharp contrast to the continuing increases here (see data at http://ec.europa.eu/comm/competition/index_en.html). The notification rules also provide a level of transparency that is far above that in the U.S. (though our situation is improving, as you can read at goodjobsfirst.org). While we can't simply adopt EU rules in the context of our institutions, we do need to think about what we can borrow from their practice, starting most importantly with transparency.
For way more about the issue of investment incentives, see my report to the Global Subsidies Initiative, "Investment Incentives: Growing Use, Uncertain Benefits, Uneven Controls," at www.globalsubsidies.org
P.S. I put the scare quotes around "corporate welfare" because I don't like the implication of that term that there is anything wrong with welfare payments to individuals.
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Hello Kenneth, I missed this blog and now am glad you pointed it out in Still's week omnibus.
You wrote Capital Beyond Borders a decade ago and Competing for Capital continued the analysis. Both very significant contributions! If I read you correctly, your conclusion would be that nation-states are well out of the bidding business for a variety of reasons since, at best, they hold a structural disadvantage in the relationship with mobile international capital.
Raymond Vernon had the idea that national sovereignty was going to be increasingly "at bay" but of course he was writing about that when our domestic corporations were encroaching everywhere. Now the tide is running in the opposite direction.
My questions: (1) whither the nation-state? Are we heading for MNC/national government syncitiums where it is hard to tell where one leaves off and the other begins? (2) Given the catastrophic reality of global manufacturing over-capacity does that tilt the balance back toward the nation-states?
And further, as your post points out, why the current silence on the topic? Is it significant?
For TPM reader's benefit Dr. Thomas is considered perhaps the leading writer in this field.
November 20, 2008 3:20 PM | Reply | Permalink
Hello, Lux, and thanks for the kind words.
As for your questions, I have never considered the nation-state to be on the verge of extinction; what I think is that the state's bargaining position has weakened, including its ability to regulate.
However, I think you are right that bargaining power will shift back toward the nation-state as a result of the current crisis. Certainly the Great Depression disrupted international investment and reduced the mobility of capital. We are likely seeing a reduction in capital mobility today, though how long it will persist is unknown. It certainly looks like there is a strong impetus to re-regulate in the financial and other sectors.
My guess is that the incoming administration's silence means business as usual on investment incentives. While U.S. state governments are well aware of the problem of bidding wars, they do want to give up their independence in economic development policy.
On the other hand, perhaps state governments' budget deficits will make them more willing to consider reining in incentives as a way to save money. It happened in the EU as governments had to reduce their deficits to join the Eurozone. We'll see if it happens here.
November 20, 2008 6:04 PM | Reply | Permalink
I agree, it will be business as usual no doubt. The "The State of _____________(fill in the blank)is Open for Business!" sentiment is hard to argue against in a state legislative body. This triggers race-to-the-bottom measures to bring in investors. So we see our states creating pockets of low wages, no unions, no corporate taxes, free utilities/water, and so forth and monetary subsidies to help defray the cost of putting up plants or to keep existing plants from moving.
The investors themselves, will not allow themselves to be legally bound to remain and practice a form of slash-and-burn economics, being ready to close down shop when conditions become more favorable elsewhere. Meanwhile the host government often suffers a disadvantage in arbitration, ask Pakistan what they think about the BITs they signed.
Even in a time of reduced state revenues, the governments might still extend subsidies for prospective investors. There is a political dynamic that makes it very risky for someone running for re-election to be tarred as "voting against jobs" --the deficit situation may have less effect in damping this activity than we might like. Political realities always trump budget rationality in this country it would seem.
So many questions, but it seems to me the governments are at an enormous disadvantage unless they follow the EU's model and at least get better visibility/transparency and also try to reduce the "information asymmetry" that seems to always be tilting the negotiating table in favor of the investors.
November 20, 2008 8:27 PM | Reply | Permalink
"The investors themselves, will not allow themselves to be legally bound to remain and practice a form of slash-and-burn economics, being ready to close down shop when conditions become more favorable elsewhere."
A vivid description of the operative reality.
November 20, 2008 9:24 PM | Reply | Permalink
To a non specialist in constitutional law it would seem as if the Federal Government has no authority to prevent states from doing this.
And therefore the new Administration would be unlikely to concern itself with this practice.
Without wasting much of your time on this could you indicate what rights you think the Government has.Perhaps something under its right to regulate commerce ?
To be honest I'm simply curious . So it's not worth much if any of your time replying.
November 20, 2008 8:12 PM | Reply | Permalink
Hi flavius, there is an argument that these incentives violate the Commerce Clause of the Constitution because, by affecting location decisions, they also affect "trade" between the states. The Supreme Court heard this argument last year in Cuno v. Daimler-Chrysler and ruled plaintiffs had no standing, sending it back to the state courts in Ohio. I don't know where this case now stands. There is some coverage of this case is David Cay Johnston's book, Free Lunch.
It has also been suggested that Congress could essentially issue a finding that incentives affect interstate commerce, but the likelihood of that happening is currently zero. In fact, Ohio Senator Voinovich was prepared to introduce a bill to overturn the Supreme Court's decision had it upheld plaintiffs, who had won at the Court of Appeals level. I think this bill would have easily passed due to states' unwillingness to cede any authority on economic development.
November 20, 2008 9:38 PM | Reply | Permalink
Another very interesting case that people interested in constitutional issues brought up by subsidies is Maready v City of Winston-Salem. The court ruling is below:
http://www.hks.harvard.edu/case/ncbattle/briefing/maready/brmardec.htm
This was the case cited by the court overturning the NCICL watchdog group suit against Dell more recently.
The investors won in both cases.
What is interesting is that in Dell's case, the slash and burn rule was in effect..they shut down their factory only three years after opening its doors.
http://www.capitol-monitor.org/in-the-courts/nc-justices-reboot-taxpayers-i.php
November 20, 2008 10:56 PM | Reply | Permalink
Thanks.
November 21, 2008 8:20 AM | Reply | Permalink
Thank you for listing this in the 'clearinghouse for posts that deserve another look'. I was viewing TPM fairly regularly yesterday but your post had slipped by without notice.
November 20, 2008 9:21 PM | Reply | Permalink
The wider context of this discussion is the changing face of the state judiciary (we are not talking the Article IIi courts). In some states judges are elected in nonpartisan elections, in others they are appointed.
For years now the U S Chamber of Commerce and the National Association of Manufacturers have been very busy trying to populate the state courts with business-friendly judges. They have been had considerable success. This is a major effort that is well below the radar even for political junkies but it deserves mention. Since challenges to subsidies I would imagine usually rise in state courts and not the federal system, it really does make a huge difference what the composition of the judiciary is.
Will this trend get worse? Most likely.
November 20, 2008 11:24 PM | Reply | Permalink
Given the faltering/failing economy I would bet it will get worse with the economic pressure on states to increase their tax base. The issue I imagine would be a non-starter regarding individual states selection of judicial appointees/elected judgeships, as the self interest of each state will see such pro-business judges as a very good thing. And as Dr. Thomas pointed out in his reply to Flavius, the likelihood of federal action is nil.
More issues facing a world still deeply enmeshed in the 'I got mine' philosophy. Interesting thread, one which has brought up a lot of issues I hadn't considered heretofore.
November 21, 2008 12:55 AM | Reply | Permalink