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"You need the federal backstop".
And whatever Scalia thinks, Congress didn't think they would, either, and established a federal backstop exactly for that contingency.
They believe the federal backstop supports the economy by facilitating investments and making insurance prices affordable for companies.
The danger, he said, is that the companies are using this implicit federal backstop to assume more risk and finance their expansion through increased debt.
Illinois is one of a number of states where the teachers, state police and certain other public workers do not participate in the Social Security program, so they have no federal backstop in case the state system should fail.
Defenders of a federal backstop say this leaves the American system uniquely vulnerable during a crisis, when investors will refuse to buy any MBS that lacks a government guarantee.
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That thrills neither liberals (who want more low-cost housing) nor conservatives (who hate federal backstops).
Private and quasi-private "too big to fail" companies (major banks, Fannie Mae/Freddie Mac) could be hit by higher operating costs as a lower credit rating would raise questions about the viability of their federal backstops.
Blanche Lincoln, the Arkansas Democrat who first proposed the prohibition, has since clarified that bank-holding companies (like Citigroup) could still own a swaps desk, but a bank itself (like Citibank), which benefits from various federal backstops, could not.
Bank supervision, now divided among five federal agencies, would be led by a Prudential Financial Regulator, which could send examiners into any bank or depository institution that is protected by either federal deposit insurance or other federal backstops.
The alternative approaches instead would continue some form of federal mortgage backstop.
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