Taking the Showdown to the Texas Senate

One of the efforts for economic justice of which I have been a part in recent months goes by the name Showdown in America.  On February 22, the showdown made its way to a committee hearing in the Capitol of Texas.  An overflow crowd packed into the Committee on Business and Commerce of the Texas Senate, lining up to give public comment on legislation designed to eliminate a loophole in the Texas credit laws which has allowed payday lenders and car title lenders to avoid regulation and charge "fees" and interest rates amounting to APRs of 300%, 395%, 529%, 740%.  It is almost a reverse limbo dance: "How high can you go?  It's the payday lending rock."

Things got pretty hot when the CEO of a national payday lending business testified, and in the process was unwilling to go beyond the party line:  if Texas applies any new controls or interest caps on the "short-term, small principle" lending business, we will all go out of business.  The senators finally had their fill of this vague, undocumented scare tactic.  They demanded that credible documentation and good faith negotiation had better come fast from this industry if they want to have a say in how this legislation turns out.  It was a sight to see.

After a break for the Senate to do some business, the committee reconvened in the afternoon.  Suddenly, more forthcoming witnesses discussed a path toward mutual interest in regulating these businesses.  Forced to admit that their businesses are profitable in many states where regulations are much more strict, industry representatives offered to dialogue further on the kinds of regulation that would allow them to stay in business.

A friend of Shaw University and a well-known leader among Baptists had opportunity to speak in the morning about the effects of predatory lending where their church ministers, Rev. Freddy Haynes of Friendship West Baptist Church in Dallas.  He said, "Instead of throwing them a lifeline, we're throwing them shackles."  Rev. Chad Chaddick, pastor of Northeast Baptist Church in San Antonio told of predatory lending affecting his church's ministries.  Bishop Joe Vasquez of the Catholic Diocese of Austin, addressed both the tradition of Catholic social teaching and the ways that it had become clear that the diocese's funds were indirectly subsidizing profits of payday lenders when desperate borrowers came seeking charity from the churches.  Suzii Paynter of the Texas Baptist Christian Life Commission laid out extensive information on the way the business operates, then made an impassioned plea to the senators that they owed as much concern and compassion toward families harmed by predatory lenders as they seemed willing to show toward business owners trying to make a buck.

I hit a few key points that have been recurring themes of my public work on usury in the past year.  Below see my remarks and a video of my testimony that was broadcast live on the Texas legislative television coverage.

Remarks presented to the Texas State Senate

Committee on Business and Commerce

February 22, 2011

Rev. Dr. Mikael Broadway, Associate Professor of Theology and Ethics, Shaw University Divinity School, resident of Bell County, TX, http://mbway.blogspot.com

My name is Dr. Mike Broadway, and I am a Baptist minister and theological professor living in Salado.  I am representing myself as a citizen. 

For the past year and a half I have been working with a wide range of church people, including pastors and seminary professors, to address economic injustices which have become increasingly acute in the wake of the mortgage security debacle and the burst housing bubble.

Along with other leaders, I have met with the top credit and mortgage executives of Bank of America and Wells Fargo/Wachovia to address usury and  justice issues.  I have also joined leaders from around the nation to meet with Attorney General Tom Miller of Iowa to articulate our concerns for justice pertaining to a national investigation of foreclosure fraud perpetrated by major national and regional banks, of which he is the lead investigator.  Only last week we sent a letter to all the state attorneys general, including Texas Attorney General Greg Abbott, to outline a path toward economic justice in housing.

I give you this background because I want to emphasize that the struggle against usurious lending is not only a Texas struggle, but a nationwide struggle.  In many states, legislators like you have worked diligently with citizen leaders to try to clean up the predatory lending practices that continue to spring up in our cities, towns, and neighborhoods. 

All of you can agree with me that lenders and borrowers need to operate in a system built on fairness.  That is what the millennia of historical usury laws has been about.  Under this assumption, for four thousand years financial institutions have been able to succeed and flourish under the careful regulation of interest rates to protect people from usury.  Yet for some reason we now find ourselves, because of laws made in 1979, 1980, and 1987, operating with few legal protections from usury.  Perhaps contemporary humans have overestimated our maturity in failing to listen to the wisdom of four millennia, which recommends strong usury laws.

Of course, there have always been people who believe they should be able to charge as much as they want to lend money.  In saner times, we knew what to call them:  loan sharks.  Nowadays, they pass as respectable business operators.  When a legislature musters enough moral courage to try to prevent the worst forms of usury, these predators search the fine print and locate every loophole in the letter of the law.  Exploiting these loopholes, they find new and creative ways to abuse borrowers and scoff at the spirit of the law.  The latest way is to pretend that interest is not interest by calling it a fee.  The current abuse of payday lending and car title lending is an egregious example of this bald-faced lie.

If I borrow money from you, and you charge me for borrowing that money, then that is interest.  The ancient text of Deuteronomy makes it very clear that usury is usury, whether you collect a fee up front, you charge it along the way, or you claim it at the end.  The heart of the legal tradition’s bias against usury is that it is wrong to victimize the poor and weaker members of the community by creating lending practices which prey upon their weakness. 

Payday lenders may claim that closing this loophole will make it impossible to do business.  It will make it impossible to do business the way they do it.  But from my observations around the country, let me say that it will not make it impossible to operate a fair lending business among people of low and moderate income.  Numerous workable business models exist, from non-profits like Grace Period of Pittsburgh, PA, to microlending banks, to community banks and credit unions.  These businesses can make fair, non-usurious loans to fill the need of people who patronize payday lenders.

One of the shameful practices of the recent past in our nation was known as sharecropping.  Theoretically, it was a way for people to apply their labor to improve themselves and benefit the landowner, whose land they farmed, at the same time.  In reality, it was often a trap to keep people in debt to the landowner, living as debt slaves, perpetually indebted.  The biblical tradition opposing usury has at its core the assumption that no society can be just if it creates and maintains a permanent debtor class.  There must be a way out of debt.  Payday lending as we have it now is debt sharecropping . . . debt sharecropping.  Its business plan is perpetual indebtedness of its borrowers.  Please close this loophole and help our state take another step toward economic justice in consumer credit.

Haiti's Debt

The ONE Campaign delivered again on what they are very good at.

They mobilized the masses influence world leaders concerning a critical issue affecting the poorest people on the globe. Many of us join them in the prayer and hope that wealthy nations and institutions will contribute to Haiti's recovery by forgiving debts.

Keep up the good work.

Isaiah and Economic Justice 4: Misleaders

Isaiah 3:12b-15

O my people, your leaders mislead you,

….and confuse the course of your paths.

The Lord rises to argue his case;

….he stands to judge the peoples.

The Lord enters into judgment

….with the elders and princes of his people:

It is you who have devoured the vineyard;

….the spoil of the poor is in your houses.

What do you mean by crushing my people,

….by grinding the face of the poor? says the Lord God of hosts.

Isaiah 3:18-24

In that day the Lord will take away the finery of the anklets, the headbands, and the crescents; the pendants, the bracelets, and the scarfs; the headdresses, the armlets, the sashes, the perfume boxes, and the amulets; the signet rings and nose rings; the festal robes, the mantles, the cloaks, and the handbags; the garments of gauze, the linen garments, the turbans, and the veils.

Instead of perfume there will be a stench;

….and instead of a sash, a rope;

….and instead of well-set hair, baldness;

….and instead of a rich robe, a binding of sackcloth;

….instead of beauty, shame.

Isaiah 3 continues to point out the instability of the conspicuous wealth of the powerful in Israel. One part of the chapter comments on the wealthy women who love to show off their finery while constantly shopping for more. But this is not strictly a criticism of women. It is about one of the visible features of a system in which the wealth of has grown so far beyond the level of human need that it becomes primarily a measuring rod within a competitive structure of status and power.

In this text, it is the most powerful, the same ones who by social delegation should be most responsible, who receive the greatest attention. The leaders have brought about this problem. The elders and princes have brought the nation to this desperate economic situation, yet they do not even see the problem. They lie to themselves and to everyone else to justify a system organized around fulfilling their insatiable greed. Of course, what they are doing is right since it is working for them; moreover, if what they are doing is right, it is by their logic good for all.

At the heart of their sin is deception. They mislead the people, and ultimately come to believe their own deceptions. They foment confusion about economic matters which anyone should be able to understand. They create technical language and lengthy regulations full of caveats and qualifications in order to conceal their intentions. They work in backrooms to strategize the path to their self-interest, then dress it in empty platitudes of the common good. We might recognize this in the marketing of subprime mortgages. We might hear echoes of their deceptions in the cunning secrecy of credit default swaps. We may know of what they speak in the hidden fees and traps of consumer credit. We may continue to hear the deception in the claim that capping interest rates will make it impossible to loan money to lower-income people, as if high interest rates are transforming them into becoming more creditworthy.

The prophet does not mince words. The vineyard image bears rich significance here. First, it is a symbol of a prosperous and good life. To have a thriving vineyard is to be blessed with wine at one’s table as well and with a valuable product for trade. But equally importantly, a vineyard is an image of Israel as the Lord’s planting and cultivation of a people (5:1ff). God has tenderly and conscientiously cared for the vineyard. But rather than Israel blossoming and bearing rich fruit as a people, the ones who should have cared for the vineyard have stripped it bare and left it in ruins.

The image gives way to a very concrete indictment. After saying they have devoured the vineyard, the prophet explicates the symbolic language. Their fullness and fatness comes from despoiling the poor. Their wealth is the product of oppression. Their mansions are framed and decorated by the rightful possessions of the poor. Their wealth is not derived from their virtue. Their only expertise is in being good criminals and hiding their crimes. This is what God despises.

Ultimately, the prophet claims that their appearance of greatness is ephemeral. They will lose it, and this oracle spares no detail. Perfume, sash, hairdo, robe, and all other trappings of beauty will soon be gone. In their place will come a stench, a raggedy piece of rope, a hairless head, sackcloth for clothing, and shame. This kind of economic system cannot sustain itself. Moreover, God demands justice. A prophet must rise up to speak the truth.

One last quotation from the Bruce Cockburn song, “Call It Democracy,” may help us see.

See the paid-off local bottom-feeders

Passing themselves off as leaders.

Kiss the ladies. Shake hands with the fellows:

Open for business like a cheap bordello,

And they call it democracy.

Isaiah and Economic Justice 3: Oppression and Idolatry

Isaiah 2:7-9, 18, 20-21

Their land is filled with silver and gold,

....and there is no end to their treasures;

their land is filled with horses,

....and there is no end to their chariots.

Their land is filled with idols;

....they bow down to the work of their hands,

....to what their own fingers have made.

And so people are humbled,

....and everyone is brought low—

....do not forgive them!

The haughtiness of people shall be humbled,

....and the pride of everyone shall be brought low;

and the Lord alone will be exalted on that day.

On that day people will throw away

....to the moles and to the bats

their idols of silver and their idols of gold,

....which they made for themselves to worship,

to enter the caverns of the rocks

....and the clefts in the crags,

from the terror of the Lord,

....and from the glory of his majesty,

....when he rises to terrify the earth.

Isaiah 2 links together the sins of idolatry and economic oppression. A major theme of prophetic literature is the distinction between the Lord and the gods of the nations. The people of Israel are called to be a sign of God’s purpose for humanity throughout the world. They are blessed so that through them, all nations will be blessed. At the heart of such blessing is to know that the Lord is a good and just God. Therefore, the prophets often write that God will act “for the sake of my name.” “Name” is not strictly an arbitrary label applied to an object here. It is more like the idiomatic English use in the phrase “my good name.” God has a reputation to uphold, and if God’s people display to the world a society built on social oppression and violence, then it seems that the Lord is just one more prejudiced tribal deity looking to help out some cronies.

One aspect, then, of idolatry is the devotion to gods who one hopes to manipulate for personal favor or gain. The idolatry of Israel involved worshiping gods who might deliver protection from a worker’s uprising or a competitor’s advantage. Such gods might offer an exchange or a deal—in return for worship and obedience, a bumper crop to be sold for unjust gain. These gods might offer to increase the landholdings of their devotees, giving tacit blessing to driving the poor from their lands through sharecropping and usurious practices. The Lord is not willing to be known as the god of this kind of people. The Lord will not be tossed in with the gods of oppressors. The Lord will not be manipulated.

Another aspect of idolatry is its link with self-centeredness and pride. One criticism of the idols in this oracle is that they are themselves the creations of human hands. People are bowing down to worship products of their own making. What they are worshiping is not a god in any traditional sense. They are, as Adam and Eve, longing to become gods themselves and usurp the place of the Lord. Having plenty of gold or silver allows them to commission and purpose beautiful sculptures of deities. It is a reminder of the way that the people at Mt. Sinai brought their wealth to Aaron to shape for them a god of their own making.

This oracle cites their haughtiness and pride as the seed of their downfall. They rationalize their self-idolatry on the basis of their treasures and military might. They believe that their appearance of wealth and power means that they are in charge of their own destinies. But soon, these illusions, so perfectly visible in the mansions and idols of silver and gold, will become useless. Instead, they will flee to the caves and cliffs, finding their delusions of deity have become worthless.

Those who believe their ill-gotten gain is salvation have much to learn about the Lord, who is just, holy, and good.

Again, a few lines from Bruce Cockburn, “Call It Democracy,” offer a contrapuntal melodic line.

Sinister cynical instrument

Who makes the gun into a sacrament—

The only response to the deification

Of tyranny by so-called "developed" nations'

Idolatry of ideology.

North, South, East, West—

Kill the best and buy the rest.

It's just spend a buck to make a buck.

You don't really give a flying f---

About the people in misery.

IMF (dirty MF)

Takes away everything it can get,

Always making certain that there's one thing left:

Keep them on the hook with insupportable debt.

Open Hearts Mean Open Hands, Part 2

This is the text of a sermon continued from the previous post.

Deuteronomy 15:1-11
Acts 4:31-35

But this is not the kind of economic system intended for the world that God loves. Deuteronomy 15 has a different idea of how to deal with hard times. The Bible teaches us another way of thinking about borrowing and lending. God has a bailout plan called the Sabbath year and the Jubilee. There is a time for bailing out people who have bad debts, but it is not just for the benefit of insurance companies, banks and brokerage firms. No, it is especially for making sure that people who fall on hard times don’t have to stay there forever. Verse 1 says, “Every seventh year you shall grant a remission of debts.” You shall grant a remission of debts. You must not let debts pile up year after year, decade after decade, generation after generation, until a large mass of people and their descendents can never escape them. When things get out of hand, there has to be a collective setting things back aright.

The deeper purpose of this economic practice is stated in verse 4, which says, “There will be no one in need among you.” There will be no one in need among you. It is not a prediction that needs and difficulties will not arise. It’s not saying that God will magically put money in your bank account whenever you want it. It is a statement about maintaining a society of care for one another. If Israel would follow these economic practices, they could keep from creating a class of perpetual poverty, of permanent debtors, of unending wage slavery.

Verses 7 through 11 expand on the way that Israel could be a people who have no need among them. They must not be “hardhearted or tightfisted” toward their neighbors. Instead, they should open their hands with generosity, not grudgingly thinking about the year of remission and not getting paid back. Verse 11 recognizes that misfortunes, mistakes, bad decisions, poor judgment, health setbacks, loss of a loved one and provider, business closings, weather disasters, and many other reasons may push some people into poverty. It says, “There will never cease to be some in need on the earth.” Hard times may come. Poverty may break out. Then Deuteronomy follows this observation with a command about how to live every day: “Open your hand to your poor and needy neighbor.” Open your hand. Don’t close it up. Don’t harden your heart. Don’t become cold and indifferent. Open your hand. Open it. Open it, and keep it open.

Maybe some of you recognized that Jesus quoted from this passage when some people were complaining about the cost of a jar of ointment which a woman had used to anoint his feet. They claimed it was a waste of money. They postured that such extravagance should instead be directed toward helping the poor.

You probably also have heard people use Jesus’ words to teach the opposite of what Deuteronomy is saying. We have to realize that sometimes elements of our culture which do not conform to the gospel have become so powerful in shaping our thinking that we do not read the Bible very well. The heritage of white supremacist interpretations of the Bible led many who called themselves Christians to believe that God wants people of certain skin color to rule over people of another skin color. In a similar fashion, people often quote Jesus’ words from John 12, “The poor are always with you” to give a reason why it is useless to help the poor. They act like Jesus is saying that we can’t really do anything to solve poverty, so we should just quit trying.

But that is the opposite of what Jesus was saying. He was quoting from Deuteronomy 15:11 in order to remind the people in the room that acting upset about this woman’s gift to Jesus was hypocritical when they were tightfisted toward the poor every day. These were the same kind of people who declared their possessions Corban, or devoted to God, so that their poor aging parents would not be able to make a claim on their wealth. They were the ones who tithed their mint and cumin but ignored the weightier matters of the law concerning justice and mercy. So when they hear Jesus quoting Deuteronomy 15:11, they knew the rest of the verse condemned them for not opening their hands to the poor and needy who came their way.

An economic system which exploits and uses the average worker so that a wealthy elite can become richer and richer has turned away from the ways of God. Economic systems are not strictly rational and unhindered free markets. Economic systems do not operate independently of power, and lots of money translates into lots of power. If a society is to be beneficent, just, and prosperous, it must be organized in ways to see that all of its members can have a share in the good, a share of justice and a share of prosperity. But far too often, people and institutions with great wealth use their power to benefit only themselves and to the detriment of the poor and the worker.

There are many forms that economic inequity and injustice can take. Many examples of inequity in the economy are addressed in the Bible. One which was often addressed is called usury. U-S-U-R-Y, usury. Usury describes the practice of charging inordinate interest on loans. The Bible generally looks down on the practice of charging interest, but it does not seem to ban it absolutely. However, it is very clear in saying that charging interest on people who are in economic distress is wrong. By biblical standards, usury is one of the worst forms of sin, often listed along with lying, bribery, dishonoring parents, robbery, adultery, rape, and murder.

But nowadays we live in a different economic system, and charging interest has become a standard way of doing business. We don’t like high interest rates, but we are used to seeing them. We accept it as the way business works. Of course, it is the way that people who have plenty of money can use their money’s power to gain even more money. I accept and agree that there are reasonable ways of loaning with interest which do not go against the biblical view of economic justice, but there are also many common practices which blatantly offend God’s justice.

Part of the problem is that we have been trained to think in a modern way that is different from the Bible’s teaching. We don’t usually think of interest as potentially falling into the same category with rape and murder. Most of us keep trying to get more credit so we can borrow more and get more stuff. Certainly all of us need to learn how to be careful and responsible in the way that we borrow money and go into debt. Many of our bad choices have put us in the mess we are in. But let’s not be turned away from the heart of this problem. The issue at hand is usury. While there are appropriate ways to borrow and loan money with interest, there are also many inappropriate, wrong, even downright evil ways of doing so, called usury.

We all need to learn a little history to understand the present. Until the late 1970s, there was a federal usury law in the U. S. which set a limit on interest rates that banks could charge. That law was repealed during a time of high inflation when the economy was in turmoil. While it may have helped get business through one set of problems, it gave rise to a whole new set of problems. Those problems have been steeping and stewing for thirty years. Those of us who have been trying to make a living since that time have seen how interest rates have gotten higher and higher, payday loans have taken a foothold with astronomical rates, and banks have offered credit with teaser rates only to jack interest rates up again and again with little or no warning.

Consumer credit has become such a growth industry because the banks are taking a subscription on our future income. Just like you subscribe to a magazine and it keeps coming for a year or several years, they are subscribing to a piece of your paycheck. They adjust their lending practices to try to make sure that you keep having to pay them for years and years, even if you didn’t borrow very much. Low monthly payments mean plenty of interest is paid and very little of the principal. Their business plan is to keep your monthly payments coming indefinitely, almost infinitely. I know what I’m talking about, because Visa has had a long-time subscription to my paycheck. But an economy based on predatory practices is not sustainable. The overextended, high-risk, no tomorrow credit economy has reached the limits of its irrationality and recklessness. A reckoning has come.

Continued into final section in next post . . .

Open Hearts Mean Open Hands, Part 1

During the early summer I was working with a group of scholars to prepare a theological reflection on the economic crisis. I posted the resulting document in several parts. This document was distributed to bank executives, along with a document prepared by a muslim scholar from North Carolina which explains the economic commitments of Islam and its opposition to usury.

Another purpose of the "Theological Reflection on the Economy" was to create conversation in churches and provide encouragement to pastors to preach on economic issues. As part of that purpose, I prepared a sermon on the economic crisis which I have had several opportunities to preach in the past month. The last occasion was a Service of Prayer and Public Witness hosted by my church, Mt. Level Missionary Baptist Church, at the instigation of Rev. Dr. William C. Turner, Jr. A number of other churches and ecumenical groups joined with us on Wednesday, Sept. 23 for the service. A Jewish Rabbi and a Muslim Imam were on the program to read from their scriptures and bring remarks concerning the economy and usury.

What follows here and in the next two posts is the text of the sermon preached that night.

Deuteronomy 15:1-11
Acts 4:31-35

If you take some time to read a newspaper, listen to the news on the radio, or watch the news on the television, you can’t help but hear people talking about hard times. Or maybe I should say, you can’t help but hear people arguing about what we ought to do in these hard times. The latest version of the argument is about health care and health insurance reform. Different interest groups and political camps have different views of how to organize the system of access to health care, and they are calling each other idiots and Nazis. On a recent Saturday outside the Capitol in Raleigh, hundreds gathered to demand health insurance reform now. Across the street, people tried to shout us down, saying, “No ObamaCare.”

Stretching the truth and even flat-out lies are daily fare in this shouting match because billions of dollars and millions of lives are at stake. At the rally I mentioned at the Capitol in Raleigh, Rev. Dr. William Barber, known to many of you both as a preacher and for his work with the North Carolina NAACP, delivered one of the best lines on this matter. He said it in response to the disinformation an fear campaign that is claiming government committees will be deciding which old people can live and which must die. Barber said, “There is not a death panel in the current proposal; there is a death panel in the current system.” Right now, corporate insurance managers make decisions to deny claims, drop coverage, and delay payments that can mean life or death, work or disability, survival or bankrupty in the lives of people like you and me. Some of you may have heard about another great big lie. After a rally in Washington, DC, a few days ago, the rally’s promoters intentionally put out a press release with a photograph of crowds on the Capitol Mall from another event, an event held in 1997, to give the impression that their crowds were 10 times as great as they really were. Everyone who has been on the gravy train in the out-of-control health system wants to keep that train rolling.

People whose livelihoods have been destroyed by the exploding costs and inequities of the current health system have had enough, but these people have trouble getting their voices heard. They are too busy working extra jobs to stay ahead of the bill collectors. Or they have become homeless and are just trying to figure out how to recover from losing their home to foreclosure by the bank. Or they are too sick with an untreated illness to speak up. Some are just too discouraged by the number of hard-hearted, tight-fisted people they have run into.

There is plenty of blame to go around for this health care access mess we are in, starting with insurance companies and pharmaceutical companies, then moving on to various institutions, health professionals, and government officials. And the economic problems of health care are just one part of our economic woes. Bad thinking, bad leadership, bad values, and bad morals have spread like the untreated cancers of the uninsured throughout our economic system. The current recession was directly caused by loose, shady, exploitive practices in credit and finance, and by lots of wishful thinking that it would all work out even if the risks people were taking were far beyond what prudence would allow.

Hard economic times place people and institutions in jeopardy, whether it be from health care costs, credit crises, pay cuts, or layoffs. Not only is there plenty of blame to go around, today there is also plenty of pain to go around. You and I have seen the results up close. People are losing their homes. Banks are closing. Businesses are failing. Workers are losing jobs. Families are uprooted. People are crying out for a solution. This week, some people say the recovery has arrived, but we sure don’t see it in our neighborhoods and workplaces.

What kind of a economic recovery leaves giant banks standing while the average worker’s life gets harder and harder? That is not a solution. It smells like collusion. Whose money bailed out the banks? Every taxpayer’s money. But who is an economy supposed to benefit? (I’ve got a lot of questions, folks. May I ask some questions here?) Who says billions can bail out executive jobs but nothing can bail out the jobs of common laborers and clerical workers? Who says tax dollars can pay off banks’ bad debts, but the average taxpaying citizens are on their own to dig their way out of debt? Debt relief for millionaires and homelessness for working people—that’s not the kind of economy we believe in. That is like saying Jesus came to announce the Jubilee, to proclaim the Year of Remission, to offer the forgiveness of debts, BUT . . . BUT . . . but then qualified the announcement by telling us only bankers and brokers and insurance executives are eligible. All I can say is that this topsy-turvy, smoke-and-mirrors, hocus-pocus economy is messed up.

I want to spend a few minutes recollecting the route we took on the way to this economic train wreck.Is it all right to break things down tonight?

One major part of the problem had to do with a collapse of home prices. Loans had been written with the assumption that housing values would rise steadily and without interruption. Some people borrowed more than they could afford, but there were others who actually could afford their mortgages, only to find that the crashing market in home values left them paying double the value for a house that had originally been overpriced in an inflated market. The accumulating effects of a weak economy led to workers losing jobs, and without jobs they also could no longer meet their mortgage payments. In other cases, because of adjustable rate mortgages or balloon mortgages, many people found their payments increasing at the very time when they were taking pay cuts, losing work hours, and even losing their jobs. Now the total number of mortgages in trouble was relatively small compared to all the ones that were doing fine, but the fear of bad loans and bad debts began to spread like a panic.

People became concerned about many other forms of debt, from the high finance of hedge funds to the average person’s credit card debt. A crash in the stock market followed up the crash in home prices, and many people who had thought they were in good financial shape now saw their pensions and retirement funds, their homes, and their investments lose a third or a half of their value, not to mention the ones who lost everything to swindlers running Ponzi schemes. Add to those the people who have lost health insurance coverage and built up mountains of debt for medical care.

When the economic situation became too severe to ignore, government officials recommended a massive bailout of major financial institutions, with the claim that saving them would save us all. Institutions who had operated in an ethereal world of trading worthless paper for empty promises were treated as the foundation and backbone of the economy. For millions of Americans, however, the recovery of these institutional Leviathans has not had the intended ripple effect. We have not been warmed by the glow of their cash-burning recoveries.

The idea was to stabilize the financial system by providing cash to banks and other financial institutions who were threatened by bad loans. However, the banks and financial institutions took our money and held on to it, or they used our money to prop up only their executive bonuses and stockholder profits. The cash infusion to financial giants did not slow down the pace of foreclosures on home mortgages that keep putting hardworking families out of their homes. Again, I have to quote from Rev. Dr. William Barber, who said, “You can’t break the bank, then rob the bank, then say there ain’t no money in the bank.” In other words, that bailout money was not intended for a small, smug, self-important group of financial genius posers who believe they are entitled to bonuses even when they fail miserably. It should be for the lenders and the borrowers who are in trouble. The bailout did not pump up the economy or reverse the plummeting employment statistics. It did not ease the pressure of indebtedness on the wage-earning public. To the contrary, credit card companies pressured their small borrowers with new and harsh credit terms and fees, and consumer interest rates soared to loan-shark heights.

So I’ve taken a little time to recall how the economic situation got so bad. We are all very capable of making a mess of our lives, and sometimes a few people can bungle things up for the rest of the people. Our collective failures can accumulate to the point that it sometimes seems there is no way out of our trouble. One solution may seem to introduce a whole new set of problems.

Continued in next post . . .

Economic Recovery for All 8: Faith Perspectives, Pt 4

This entry completes the statement on the economy released on July 22, 2009, in Durham, NC. There are eight entries. For the full current list of endorsers as of this posting, see the first entry.

THEOLOGICAL REFLECTION ON THE ECONOMY
A Working Paper for North Carolina United Power
from an Interchange Among Theological Educators
July 2009

III. Faith Perspectives on Responding to the Crisis

B. Biblical, Theological, and Ethical Principles Guiding NCUP Actions and Campaigns in Response to the Economic Crisis

8. Shared economic risks and benefits

All societies become accustomed to doing things a certain way; however, there are many possibilities for organizing a flourishing economy. The predominant systems of investment and borrowing may be familiar, but that does not mean there might not be other, perhaps better, ways to invest, produce, and prosper. Rather than shifting almost all the economic risks toward the borrower, especially toward small borrowers, and the assured benefits primarily to the lender, there should be a way for risks and benefits to be shared more equitably.

Why should a family that has toiled for many years, paying bills and paying down a mortgage, be financially devastated by a change of fortune, when a financial institution prefers to write off their mortgage as a loss rather than work out a means of mutual and equitable benefit? As Paul wrote to the Corinthians, "whoever plows should plow in hope and whoever threshes should thresh in hope of a share in the crop (1 Cor. 9:10). Martin Luther wrote, "If you would have interest in my profits, you must also have an interest in my losses. . . . The owners of income, who will not put up with that, are just as pious as robbers and murderers, and wrest from the poor man his property and his living" ("A Treatise on Usury").

C. Conclusions

Too often, people imagine that the economy is a competition over scarce resources. Yet while creation is finite there is no fixed limit on the prosperity that humanity can share. Unlimited acquisition and idiosyncratic use of possessions fall off of the path to human flourishing. Such hoarding of goods is theft, and it begs for divine judgment.

Rather than hoarding, sharing our blessings sets the tone of biblical economics. We are blessed that we might bless others. All that we have comes by God’s grace, and we must be gracious toward one another.

Without standards against usury, the massive transfer of wealth from the middle class workers to a wealthy elite will continue. As long as a powerful few have freedom to do as they please concerning the consumer credit of the many, the economic system will not serve the common good. No magical hidden hand will correct economic oppression.

To get out of the current mess, we will need an economic reform which acknowledges our mutual dependence and obligations and turns aside from the way of selfish individualism and competition for status and conspicuous wealth.

What kind of an economic recovery leaves giant banks standing while the average worker’s life gets harder and harder? It is not an economic recovery when billions can bail out executive jobs but nothing can bail out the rest of the jobs. There is not justice when everyone’s tax dollars can pay off banks’ bad debts, but the average taxpaying citizens are left on their own to drown in their debts. Debt relief for millionaires and homelessness for working people—that’s not the kind of economy we believe in.

Economic justice is not merely a fantasy or impossible ideal. There are practical ways to put it into practice. Communities of faith have demonstrated these possibilities in the past and present. Justice need not be limited to small economic experiments. Making real steps toward justice is fully compatible with rational and pragmatic economics. It is time for people of faith to speak this truth to power.

Economic Recovery for All 7: Faith Perspectives, Pt 3

THEOLOGICAL REFLECTION ON THE ECONOMY
A Working Paper for North Carolina United Power
from an Interchange Among Theological Educators
July 2009

III. Faith Perspectives on Responding to the Crisis

B. Biblical, Theological, and Ethical Principles Guiding NCUP Actions and Campaigns in Response to the Economic Crisis

5. Economic value tied to real, material goods and services, not ephemeral financial machinations

The practice of making money off of money was strictly limited and often prohibited throughout the history of the Christian church. Citing Exodus 22:25, which states, "If you lend money to my people, to the poor among you, you shall not deal with them as a creditor; you shall not exact interest from them, " Thomas Aquinas, wrote that "To take usury for money lent is unjust in itself, because this is to sell what does not exist, and this evidently leads to inequality which is contrary to justice" (Summa Theologica, IIa IIae. Art. 1, Q. 78). One of the critical problems that created the economic recession was the fact that mortgage-backed securities and other financial products were sold and resold for values that had lost touch with the actual homes and real estate that stood behind them. Credit default swaps were another form of betting on the paper assets of others, using more money than anyone can afford to risk. Playing this imaginary game of finance puts the entire economy at risk.

6. Transparency and honesty in exchanges and business dealings

The current practices of consumer credit and the recent "creative financing" of mortgages fall under the condemnation of the biblical view of usury. High-powered marketing campaigns promise easy access to money, with the details of excessive interest rates, charges, and penalties often relegated to the fine print. Offering low "minimum payments" and changing the terms of a credit agreement are deceptive practices that often saddle the unsuspecting borrower with accruing debt accompanied by unforeseen and undisclosed rate hikes.

These practices strongly parallel the devious ways of Zacchaeus, the tax collector mentioned in Luke 19, whom Jesus admonished to rethink his business tactics. Zacchaeus' repentance leads him to repay those he has cheated fourfold, an act of obedience to Jesus that comes into full view when contrasted to a story from the previous chapter of Luke. There one sees the failure of the rich young ruler who could not bring himself to sell what he had and distribute it to the poor in order to follow Christ. There is a clear message here that Jesus' followers must turn from lives of economic exploitation toward lives of generosity and just and honest business activity.

7. The dignity of work and the opportunity to contribute to the material and spiritual common good

In a biblical economics, work has dignity as the creative activity of those made in the image of God. Thus, human beings work as for the Lord and not for human masters (Col. 3:23). Even so, this work done unto God also serves the divine purpose of doing good for all. Paul encouraged the Philippian Christians to emulate the ways of Christ when he wrote, "Let each of you look not to your own interests, but to the interests of others" (Phlp. 2:4).

All work which serves the common good has dignity as part of God's purpose for creation. When market economies become distorted by wealth, greed, and inequity, the work of some earns status and wealth, while other essential work receives disdain and very low compensation. Although financial institutions are resisting limits on wages of executives because they fear a "talent drain," they consistently oppose better wages and benefits for the average worker. The shocking fact is that many of these so-called “talented” executives played games with other people's wealth, took undue risks, promoted questionable mortgages and remained blind to the housing bubble.

Why aren't average workers considered "talent?" Workers are the assets that make careers for executives possible. A long-range view of business and the economy aims to reward and keep talented, hard-working people. Only shortsighted greed leads some members of a corporation to pursue their own self-interest at the expense of the interests of those responsible for creating the value, through goods and services, that sustains the corporations and the common good. "The laborer deserves to be paid" (1 Tim. 5:18).

Economic Recovery for All 6: Faith Perspectives, Pt 3

THEOLOGICAL REFLECTION ON THE ECONOMY
A Working Paper for North Carolina United Power
from an Interchange Among Theological Educators
July 2009

III. Faith Perspectives on Responding to the Crisis

B. Biblical, Theological, and Ethical Principles Guiding NCUP Actions and Campaigns in Response to the Economic Crisis

3. No permanent debtor class; no propertyless, hopeless poor

If there is to be a new beginning, a second chance, then the community must make a way to deal with debilitating debt and generational, propertyless poverty. The Lord's Prayer makes it plain that the Jubilee formula is the norm--we must forgive our debtors. In Jesus' parable of the unforgiving servant, the wealthy king says to the hypocritical man who had received mercy but refused to pass it on to his debtor, "I forgave you all that debt because you pleaded with me. Should you not have had mercy on your fellow slave, as I had mercy on you?" (Matt. 18:33-34). Mercy demands that past misfortunes, mistakes, and failures ought not determine the entire future of any member of the community. Augustine of Hippo wrote, "From those things that God gave you, take that which you need, but the rest, which to you are superfluous, are necessary to others. The superfluous goods of the rich are necessary to the poor, and when you possess the superfluous you possess what is not yours" (quoted in Justo Gonzalez, Faith and Wealth, 216).

When economic prosperity shifts too far toward the benefit of a few, the ensuing shift in power allows the fortunate to maintain their advantage through a variety of means: low wages which prevent economic improvement of the wage-earners, high interest charged on loans, and systems of tenancy or share-cropping style arrangements. In such systems, the landlord claims first right to the products of the tenant's work. The landlord, or factory owner, can exploit the unequal power by "balancing the accounts" in such a way that prevent the tenant from making enough to get ahead. A just economic system would allow them to work and accrue sufficient income, so that they might eventually regain their land and livelihood rather than remain in perpetual peonage.

Families falling on hard times may have to sell their land to a wealthy neighbor and become tenants or share-laborers. Justice entails finding ways to make it possible for all who become impoverished to recover from an economic crisis. The words of the spiritual song say, "I'm so glad trouble don't last always." If God's compassion and justice can inspire this kind of hope among slaves, then God's people must learn to share in the divine mission of hope for the downtrodden. We ought to make this song's affirmation a reality. The community's responsibility includes sustaining the conditions for opportunity and flourishing for all of its people.

4. Limitation on interest charged—prohibition of usury

Biblical economics prohibit charging "points," or advance interest, and charging long-term interest to those who must borrow to eat, find shelter, and survive. Those practices perpetuate a permanent debtor class. Biblical teaching consistently condemns usury—the practice of charging exorbitant interest. When the poor are desperate, the power of the lender may coerce them to accept disadvantageous terms for a loan. Under such conditions, they may never be able to reduce the debt. A just system of lending recognizes the dangers to an economy when a permanent underclass is forced to pay their entire livelihood to a small class of wealthy lenders.

Usury, sometimes taken to mean any interest charged on a loan, is more usually understood as excessive or predatory interest. Many of the references to usury in the Jewish and Christian scriptures come in the context of how one treats the poor. Jean Calvin concluded that the Scriptures do not condemn all possible charging of interest, but that equity and justice require reasonable limits. He wrote in a letter to a friend, "[U]sury almost always travels with two inseparable companions: tyrannical cruelty and the art of deception. . . . [N]o one should take interest from the poor, and no one, destitute by virtue of indigence or some affliction or calamity, should be forced into it. The second exception is that whoever lends should not be so preoccupied with gain so as to neglect his necessary duties, nor, wishing to protect his money, disdain his poor brothers and sisters" (Calvin's Ecclesiastical Advice, 140-142).

Economic Recovery for All 4: Faith Perspectives, Pt 1

I want to acknowledge Andrew Mbuvi, Amanda Mbuvi, Dan Rhodes, and Eric Greaux, who brought their insight into editing meetings at various steps of producing this document.

THEOLOGICAL REFLECTION ON THE ECONOMY
A Working Paper for North Carolina United Power
from an Interchange Among Theological Educators
July 2009

III. Faith Perspectives on Responding to the Crisis

A. Introduction

Among the most cherished biblical texts in the Christian scriptures is Jesus' teaching to his disciples concerning prayer in Matthew 6. Verse 12 says, “And forgive us our debts, as we also have forgiven our debtors.” The same Greek word in this passage has historically been translated by both the English words “debts” and “trespasses.” The first translation affirms an economic obligation; the second implies a broader, metaphorical one. While both are theologically significant, the first has been underemphasized.

The background of this economic obligation appears in Deuteronomy 24:10-13. A lender must not take away a borrower’s essential items for survival as a pledge for a loan. A loan must serve the good of the whole community, both borrower and lender. When a family member or neighbor is in dire economic straits, biblical economics deems it wrong for a relative or neighbor to make a profit on their misfortune. If someone needs assistance, the command of the Torah affirmed by Jesus is that our hands ought always to be open to help the poor (Deut. 7 and John 12). The Sabbath Year and Jubilee Year laws insist that there is a limit to what a lender can demand from those who have fallen on hard times. This kind of mutuality is what God blesses and it is to be the material and economic shape of our earthly lives if they are to reflect existence as it is in heaven.

However, far from taking reasonable steps to assure the safety and security of borrowers in need, many banks (and hence, many businessmen and women of faith) currently are forcing people out on the street, refusing to share the impact of the loss of real estate values. In contrast to this scenario, Biblical economic principles demand shared risks and as shared opportunities for lenders and borrowers as well as limitation on lending so as to prevent usury.

Economic Recovery for All 3: A Bailout for the Few that Did Not Trickle Down

I should mention, with thanks, the assistance of Stephen Boyd of Wake Forest University and Winston-Salem CHANGE. Steve carefully examined the earlier drafts of this document and suggested a reorganization of the material to make it more user-friendly for study.

THEOLOGICAL REFLECTION ON THE ECONOMY
A Working Paper for North Carolina United Power
from an Interchange Among Theological Educators
July 2009

II. The Initial Government Solution

A. Top-Down Bailout for Institutions "Too Big to Fail"
When the economic situation became too severe to ignore, government officials recommended a massive bailout of major financial institutions. With only a bare sketch of a plan, the engines of government shifted into high gear to authorize transferring hundreds of billions of dollars directly to banks and other financial institutions to prop up their endangered portfolios of assets. "Too big to fail" became a motto for saving the financial institutions that helped to create the collapse, as a way of assuring average citizens that their own economic future was bound up intimately with the success of these mega-banks.

B. Problems Remaining After the Bailout
The purpose of the bailout plan was to stabilize the financial system so that banks would be willing to lend money. Banks and other financial institutions were unwilling to lend money because they could not get a clear idea of the value of the ubiquitous securities intertwined with delinquent and "troubled" loans ("toxic assets"). By lending money, more people and businesses could buy goods and services and fuel economic recovery. However, the banks and financial institutions took the money and held it or used the money for self-aggrandizing purposes. Consequently, the bailout did not have the intended ripple effect on the economy, and it did not pump up the economy.

1. Foreclosures have increased unabated regardless of claims that programs would help people keep their homes.

2. A crisis in credit markets has led financial institutions to rewrite overnight the terms and conditions of credit cards, to the disadvantage and dismay of their customers.

3. Many have found themselves now holding more debt than they can possibly repay.

4. Bankruptcies have continued to increase resulting from credit card debt, mortgage debt, and debt arising from skyrocketing costs of health care and growing numbers of people without insurance.

Bailout 16: Thoughts on Describing the Problem

As mentioned earlier, I am working on the problem of analyzing the current economic situation in light of biblical and theological concepts related to Jubilee, the Sabbatical year, the denunciation of usury, etc. Below are a few short paragraphs in which I have tried to describe the problems of the economy in order to begin this sort of analysis. Obviously, this is a work in progress.

1. Hard economic times place people and institutions in jeopardy. In 2009, there is plenty of pain to go around. People are losing their homes. Banks are closing. Businesses are failing. Workers are losing jobs. Families are uprooted.

2. Some call the economic woes a credit crisis. Some focus on the housing price bubble. Others emphasize the irresponsibility of financial institutions eager to sell “creative” investment products. Still others highlight the complexity of financial instruments divided, bundled, and resold again and again so that no one is sure who owns what. Many recognize that consumption had outpaced income, and too much of the economy depended on overextended debt. Others criticized the deregulation of financial institutions which allowed them to take inordinate risks with other people’s money.

3. A major part of the problem had to do with a collapse of home prices. Loans had been written with the assumption that housing values would rise steadily and without interruption. Some people borrowed more than they could afford, but others who could afford their mortgages found that they were making payments on a mortgage for an amount that was up to twice the new value of their home. They could not afford to keep paying double for a house that had originally been priced in an inflated market. In a weak economy, workers losing jobs also could no longer meet their mortgage payments.

4. All these mortgage problems led to a crisis of confidence in the mortgage-based securities and the financial institutions investing in them. As the seriousness of the mortgage problems became apparent, the more people became concerned about many other forms of debt, including credit card debt which has grown exponentially. A crash in the stock market followed up the crash in home prices, and many people who had thought they were in good financial shape now saw their pensions, their homes, and their investments lose value dramatically. People losing health insurance coverage were building mountains of debt for medical care.

5. When the economic situation became too severe to avoid, former Treasury Secretary Paulson and Federal Reserve Chair Bernanke recommended a massive bailout of major financial institutions. With only a bare sketch of a plan, the engines of government shifted into high gear to authorize transferring hundreds of billions of dollars directly to banks and other financial institutions to prop up their endangered portfolios of assets.

6. Their idea was to stabilized the financial system by providing cash to banks and other financial institutions who owned securities based on delinquent loans. They said that this would set things in order so that banks would be willing to lend money to grease the wheels of commerce. However, the banks and financial institutions took the money and held it. It did not slow down the pace of foreclosures of mortgages. It did not pump up the economy. Homeowners kept losing their homes with no relief. Credit card companies pressured small borrowers with tightened terms and higher interest rates.

7. What kind of a solution leaves giant banks standing while the average worker’s life gets harder and harder? That is not a solution. It smells like collusion. Whose money bailed out the banks? Who is an economy supposed to benefit? Who says billions can bail out executive jobs but nothing can bail out labor jobs? Who says tax dollars can pay off banks’ bad debts, but the average taxpaying citizens are on their own? Debt relief for millionaires and homelessness for working people—that’s not the kind of economy we believe in.

Bailout 14: Thinking About Jubilee

Last Monday I was in an interesting meeting at Wake Forest Divinity School. The Wake Forest folks and some of their ecclesial friends from Winston-Salem CHANGE showed up in force. I was there as a faculty member of Shaw Divinity and as a leader in Durham CAN. No one from the other invited divinity school was able to attend.

There were two purposes for the meeting. The one I was most aware of was an effort to bring together divinity faculty to discuss ways for community organizing to be taught to their students. The second purpose, which turned out to dominate the meeting, was the idea that North Carolina United Power (NCUP) should consider a campaign relating to the economic situation.

Gerald Taylor, who called the meeting, is the regional organizer for IAF, the oldest of the national institutions which promote Alinsky-rooted community organizing. Gerald discussed the current economic situation and what he sees as the wrong-headed direction of the governmental responses. In that context, he brought up the biblical concept of Jubilee.

The most significant thing said at that meeting was that biblical Jubilee is not merely about solving the economic problems of the wealthy. Forgiving debts of the poor and setting the oppressed free are its central concepts. Thus, a bailout which attempts to benefit everyone by clearing out the debts of the banks and financial instututions contradicts the wisdom of the Jubilee tradition.

Taylor argued that the way to help the economy, including the banks and other financial institutions, would be to help the average person who is deep in debt. Provide debt relief to everyday people, and they will pay off credit cards, pay and restructure mortgages, pay for higher education, and purchase goods. For those persons who are not in debt, the same financial stimulus would provide economic opportunities that would strengthen economic activity, bolster retirement funds, and stabilize families and businesses.

Taylor also went on to discuss the ways that credit card companies and other lenders are sticking it to common people at the same time that they are able to borrow at the lowest rates in history. This is what the Bible condemns as usury, and the state of usury laws in the U. S. is such that the credit companies can locate in one or two of the fifty states which give them the greatest freedom to charge whatever they want in interest. The situation calls for a national policy.

What kind of bailout would a jubilee call for? It is about fifty years since the Civil Rights Movement. It is about fifty years since the Nixon government began to institutionalize the backlash against progressive reforms. It may be time to proclaim a Jubilee.