Failure Part II - Government
Strong believers in the Theory of Second Best who see market failure in everything and who believe it sufficient to justify state action tend to believe in perfect government. This is the high school civics version of government where an informed electorate votes for politicians who wisely draw up laws that reflect the public will and the general good. How their knowledge of markets can be so sophisticated while their knowledge of government remains so simple is not clear, but there are several forms of government failure that should be noted. Before I list them, though, there are two points worth noting.
Point 1: the decision to use state intervention to address the market failure may not always undo the underlying logic of the situation.
With that, here are some examples of government failure:
I am indebted to James Buchanan and Gordon Tullock for their illumination of some of these problems, especially the cost of consensus building and the external costs of laws, in The Calculus of Consent.
Point 1: the decision to use state intervention to address the market failure may not always undo the underlying logic of the situation.
- Example 1: Pollution is an externality. Regulation of the polluter does not make it not an externality. A Pigovian tax imperfectly internalizes the cost to the producer and consumer, but does not relieve the sufferer.
- Example 2: Forcing all car buyers to attend classes on judging automobile quality does not give them the idiosyncratic knowledge possessed by car sellers, so education does not automatically defeat the asymmetric information problem. Regulating natural monopolies does not make them not monopolies. In fact, it guarantees their monopoly status in perpetuity.
With that, here are some examples of government failure:
- Log rolling: A is in favor of policy X and indifferent to Y, B is in favor of Y and indifferent to X, and C is against both X and Y. The electorate is equally split on both X and Y, but if A and B agree to trade votes, they will get both X and Y. In fact, you might have A for, B and C indifferent, and D and E against X, while A and C are indifferent, B for, and D and E against Y, and still end up with both X and Y if A and B trade votes and then convince C to go along for some future payoff (or an actual one, such as a chairmanship -- remember Jeffords?) even though public sentiment, to the extent the makeup of the legislature reflects it, is against both by 2:1. May not always be a problem, e.g. online trading of votes between Gore and Nader in 2000.
- Rational ignorance and the concentrated interests/spread costs problem (a variant of the public goods problem from market failures). If it is worth $10 to me and every other individual to change regulation X, but the industry benefiting from the regulation accrues $10 x 300 M people = $3 B, it will only be worth a few hours of my time to learn the legislators, the regulators, their views, to draft legislation, write position papers, uncover facts, conduct studies, etc., while it will be worth a few hundred million to each of (say) ten firms within that industry to counter me.
- Crowding out - not sure I’m a big believer in this. It says that government borrowing crowds out capital borrowing, resulting in lower growth and lower prosperity. However, we are borrowing the money from and spending it on ourselves. So long as it goes to build capital (roads, bridges, etc.), it may still be useful.
- Rent seeking - firms and individuals sometimes use regulations to prevent competition. Rent control is an example in which tenants seek to expropriate the value of apartments from owners. This discourages owners from building new housing, and results in shortages. Similarly, bureaucrats will seek to increase their sphere of influence and budget in order to promote their own interests (pay and prestige).
- Regulatory capture - it is possible for the regulated industry to get enough friendly votes on the regulatory boards to substantively control them. This has been true of railroads, electric utilities, banking, insurance, and especially medicine.
- Market distortion by tax structure, regulatory ordering, subsidization, risk assumption. Any one of these things could force the market into a suboptimal choice of goods and services, including LIFO inventory management, the choice of dirty Eastern coal over natural gas or clean western coal (to appease eastern mining unions), the choice of High Fructose Corn Syrup (HFCS) over cane sugar, and the collapse of the S&L industry due to an increase in the federal insurance coupled with a regulatory push towards a mix of risky investments and into a single, undiversified market (real estate).
- Unintended consequences - conditions arising from regulatory interference in ways that were unanticipated. For example, the ban on liquor in the 20s and on drugs at present has caused a rise in gang violence. Paying farmers to stay off of good farmland means they take those payments and then use them to buy irrigation and fertilizer so they can farm suboptimal farmland, resulting in more environmental degradation than if they had simply farmed the prime land.
- Some of the market failures, too, like moral hazard (crop insurance), structure (rail and airline regulation created cartel-like oligopolies), etc.
- Log rolling: A basic remedy to this is a Constitutional requirement for a supermajority. The only option open to individuals is to vote for reform.
- Rational ignorance and the concentrated interests/spread costs problem - Political Action Committees concentrate spread interests. However, this is still a public good type of problem, so PAC activity will be underproduced.
- Crowding out -- vote for reform.
- Rent seeking -- you can always try capturing the regulatory body 8~). Otherwise, vote for reform.
- Regulatory capture -- vote for reform
- Market distortion by tax structure, regulatory ordering, subsidization, risk assumption - vote for reform.
- Unintended consequences -- vote for reform
I am indebted to James Buchanan and Gordon Tullock for their illumination of some of these problems, especially the cost of consensus building and the external costs of laws, in The Calculus of Consent.




