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“How A President Negotiates With Congress”: Cross-Party Negotiations In Congress Are More About Leverage

The Democratic presidential primary has sparked a discussion on the left about the value of bold proposals vs incrementalism. In arguing for the latter, Scott Lemieux takes on the ridiculous notion that the history of Social Security and Medicare/Medicaid are examples of bold change proposals.

The idea that the Social Security — which not only offered modest benefits but intentionally excluded large numbers of African-Americans — was not an example of incremental reform is quite remarkable. Even more revealing is the Medicaid example. Nothing makes it clearer that this fake-nostalgia for the REAL LIBERAL Democratic Party of yore is just a rhetorical cudgel with which to beat Democrats and not any kind of serious historical analysis than this. Apparently, a public health insurance program that required states to cover only a subset of people well below the poverty line was REAL, UNCOMPROMISING LIBERALISM while a public health insurance program that required states to cover everyone up to 138% of the poverty line is the hopelessly compromised neoliberal work of useless corporate sellouts. Right.

But then Lemieux takes on an argument we’ve heard often during the Obama presidency about how he has too often pre-compromised by negotiating with himself. This is the case Brian Beutler made not too long ago when arguing in favor of Bernie Sanders’ approach.

But if we’re imagining both of their agendas as opening bids in negotiations with Congress, why fault Sanders for not negotiating with himself? Ask a future Democratic Congress for single payer and a $15 minimum wage and you might get laughed at… but you also might get the public option and a bump to $12. Ask it for the public option and a $12 minimum wage, as Clinton might, and you’ll get a fair hearing from the outset, but you might end up with advancements barely worth fighting for. President Obama, as Sanders is fond of noting, negotiated with himself, and progressives paid an unknowable price as a result.

Here’s what Lemieux says about that:

People who think that important legislation gets passed by presidents making opening bids far outside the expected negotiating space have no idea how presidential power works. (And, for that matter, have no idea how negotiating works. If the Mariners phone up the Angels and offer Mike Zunino for Mike Trout, that doesn’t mean that the Angels will then offer to accept Leonys Martin for Mike Trout; it means the Angels GM will stop taking your phone calls.) To say that a president “pre-comprimised” is often used as an insult, but it is in fact a sign that he knows what he’s doing. The lessons of FDR and LBJ — and now Obama — are the opposite of what this faction of the left thinks they are.

Frankly, the argument Beutler makes is something that has never made sense to me – no matter how many times I’ve heard it over the last 7 years. For example, if President Obama had made single payer his opening bid in health care reform, I fail to see how that would have triggered a more progressive negotiation process. First of all, it would have negated what he ran on as a candidate and more likely would have been ignored – even by Democrats – as a serious proposal. Similarly, the President proposed raising the minimum wage to a meager $10/hour a couple of years ago. Did that spark a negotiating process with Republicans? No, they’ve simply ignored it – just as they did his “bold” proposals for things like the American Jobs Act, universal pre-K and free community college.

The truth is that cross-party negotiations in Congress are more about leverage than they are about bold opening bids. In order to get the other party to the table, you have to be willing to give them something they want. That is why – since 2010 when Republicans took control of the House – pretty much the only thing that has been negotiated is the budget and raising the debt ceiling. Initially Republicans used those “fiscal cliffs” as leverage (or hostages) to get what they wanted. For the last couple of years, both parties have eventually come to the table on budgets in order to avoid another government shut-down (which is the leverage).

Beyond what Lemieux wrote, it is important to remember that when FDR was negotiating for Social Security and LBJ for health care, they were engaged in intra-party negotiations – much as Obama did during those few months that Democrats controlled the House and had a 60-vote majority in the Senate. That is not a likely scenario for a Democratic president any time in the near future. Any “bold” proposal will therefore require having leverage that brings Republicans to the table. In other words, it will require pre-compromise.

 

By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, May 13, 2016

May 16, 2016 Posted by | Congress, Democratic Presidential Primaries, Liberals | , , , , , , , | Leave a comment

“I Can Feel Your Excitement Already”: Sorry, Liberals. Elizabeth Warren Isn’t Going To Be Hillary Clinton’s Running Mate

As speculation on whom the presidential nominees will select as their running mates gets louder, almost inevitably eyes are turning to Massachusetts senator Elizabeth Warren. Joe Biden apparently wanted her to be his vice presidential candidate if he ran for president this year. She’s gleefully turning herself into a thorn in Donald Trump’s side. And as Sam Stein and Ryan Grim report, people within Hillary Clinton’s campaign are pushing her to select Warren as her running mate.

My dear liberal friends, I can feel your excitement already. But while Warren will be a great anti-Trump surrogate for Clinton — maybe the best Clinton will have — she’s not going to be on the ticket. Sorry to deliver the bad news.

There are a few reasons for this. The first is that Clinton and Warren aren’t close or even particularly friendly, and personal rapport is a key part of an effective working relationship between the president and vice president, as Clinton surely understands. Warren would come to the office with her own agenda on economic affairs — an agenda more aggressively liberal than Clinton’s, particularly when it comes to how the government should deal with Wall Street. Warren would also bring her own constituency, which could make her an unwanted headache for Clinton, who like all presidents would want a vice president who has no goal other than advancing the president’s goals.

Second, picking Warren would make for a historic all-female ticket, and that could be a risk. To be clear, it’s ludicrous that there should be something troubling to anyone about having two women running together. After all, we’ve had over a hundred all-male tickets in our history, and only two with one man and one woman. But there could well be some number of voters — how many is difficult to tell — who would vote for Clinton with a male running mate, but would find Clinton with a female running mate just too much to handle. It’s sexist, but Clinton is going to need the votes of people who have some sexism somewhere in their hearts, just like Barack Obama needed the votes of people with some racism somewhere in their hearts.

And Hillary Clinton is nothing if not a risk-averse politician. She’s been blessed with Donald Trump as an opponent, and she isn’t going to take any big chances between now and November that might complicate things.

Third, and probably most important, right now the governor of Massachusetts is a Republican, Charlie Baker. That means that if Warren stepped down to become vice president, Baker would appoint a temporary successor for her Senate seat. In other years this might have been a relatively minor consideration, but in 2016 it’s absolutely central to the fate of Clinton’s presidency.

Right now Republicans have a 54-46 advantage in the Senate, but they’re defending many more seats up for reelection. Seats in Democratic-leaning states like Illinois, Wisconsin, and New Hampshire may well turn to the Democrats, but it’s likely to be very close. It’s entirely possible that we could have a Senate that’s 51-49 for the Democrats, or even 50-50. One vote could make the difference between Clinton getting her nominees confirmed and having some chance at legislation passing (depending on what happens with the filibuster and the House), or finding herself utterly paralyzed by Congress. Giving up a seat for the sake of a compelling running mate is an enormous risk, one Clinton would be foolish to take. Which, by the way, also rules out a number of other potential vice presidential candidates, including Sherrod Brown of Ohio and Cory Booker of New Jersey.

And though Warren won’t rule out accepting a spot on the ticket if it’s offered, there are good reasons why she would view the vice presidency as a step down. It won’t be a springboard to a presidential campaign, since Warren turns 67 next month, and if Clinton were to win and then run for reelection in 2020, the next chance Warren would have would be in 2024, when she’ll be 75 and probably too old for a bid. Warren has built her career on policy entrepreneurship (the Consumer Financial Protection Bureau was her idea, and she has advocated for initiatives like postal banking), but as vice president she’d have to just sell whatever President Clinton wanted to do. If she stays in the Senate, she can keep using her office as a platform to advocate on the issues that are important to her, and she can probably keep her seat for the rest of her life if she wants to.

The good news for Warren’s fans is that it looks like she’ll still have an important role to play in the general election. She has turned her Twitter feed into an unceasing string of criticisms of Donald Trump, and not too surprisingly, it has gotten under his skin (Trump obviously finds it deeply unsettling when a woman stands up to him). He has countered by dubbing her “Goofy Elizabeth Warren,” which is not exactly the most stinging moniker he has come up with.

Warren’s popularity on the left means she could play a key role in convincing Bernie Sanders’ supporters to get behind Clinton, and the plainspoken charisma that made her a star in the first place will also make her a sought-after surrogate for Clinton in the media. All of which means that once the election is over, she’ll return to the Senate in an even stronger position than she was in before. Don’t be surprised if Warren — to an even greater degree than Sanders — becomes the clear leader of the party’s liberal base as it grapples with a Democratic president with centrist impulses. That could make her even more important than if she had been vice president.

 

By: Paul Waldman, Senior Writer, The American Prospect; The Plum Line Blog, The Washington Post, May 13, 2016

May 16, 2016 Posted by | Election 2016, Elizabeth Warren, Hillary Clinton | , , , , , , , | Leave a comment

“Net Neutrality”: To Remain Neutral In A Trump-Clinton Contest Is To Declare That One’s Conscience Has Been Compromised

Is there a more miserable figure than the man or woman who says they will abstain from voting for either Hillary Clinton or Deranged Donnie on November 8?

It’s difficult to have any respect for those (such as Massachusetts Governor Charlie Baker, South Carolina Senator Lindsey Graham and former George W. Bush speechwriter Peter Wehner) who seem to view Trump and Clinton as equally repulsive. It’s odd that these folks would choose to advertise their cowardice rather than take their responsibilities as citizens seriously.

Let’s be honest: when one says they cannot choose between Trump and Clinton, they are saying, in effect, that Trump is only disgusting, not dangerous, and that they will not actively try to resist his rise. To remain neutral in a Trump-Clinton contest is to declare that one’s conscience has been compromised.

It is illogical and immoral to remain neutral in the face of Trump’s racism, sexism and xenophobia. It is illogical and immoral to remain neutral in the face of Trump’s irrationality and incompetence. It is illogical and immoral to remain neutral in the face of Trump’s threat to American civility and decency.

The decision to remain neutral in a Trump-Clinton contest is one that can only be made from a position of racial and economic privilege. The African-Americans, Latinos, Asians and disadvantaged Americans of all colors who would be beaten down by Trump’s policies don’t have the luxury of remaining neutral. Do the folks who say they will sit on the sidelines in a Trump-Clinton matchup realize how crucial the outcome of this election will be for America’s shunned and stigmatized?

Rush (the band, not the wingnut radio host) got it right 36 years ago in the song “Freewill”: If you choose not to decide/you still have made a choice. By embracing neutrality instead of resistance in the face of Trump’s extremism, those who plan to abstain from voting in the presidential election have chosen to sanction such extremism.

Do these abstainers have children and grandchildren? Do they not care about the behavior those children and grandchildren will witness in the White House over the next four to eight years? Presidents set a moral tone, and when they behave in an immoral fashion, children learn that such behavior is good, that one can get away with the most atrocious of actions. Ask yourself: What kind of moral example did Ronald Reagan set with Iran-Contra? What kind of moral example did George W. Bush set with his lies about WMD? And what kind of moral example would Deranged Donnie set for our children and grandchildren over the course of the next four to eight years?

Much has been made of Lyndon Johnson’s 1964 “Confessions of a Republican” ad and how it could apply to today’s election. Let us not forget the key line in that ad:

I’ve thought about just not voting in this election, just staying home — but you can’t do that, because that’s saying you don’t care who wins, and I do care.

The folks who say they will remain neutral in the race between Donald Trump and Hillary Clinton are saying they don’t care who wins, that they don’t give a damn about the destruction Trump could bring about as President, that they really do think Clinton is as immoral and irrational and intolerant as Trump. If you know anyone like this in your personal life, don’t cut off communication with them. In fact, you only need to say three words to them:

“Shame on you.”

 

By: D. R. Tucker, Political Animal Blog, The Washington Monthly, May 15, 2016

May 16, 2016 Posted by | Donald Trump, General Election 2016, Hillary Clinton | , , , , , , , , | Leave a comment

“Using The Government To Intimidate”: Here’s How Donald Trump’s Authoritarianism Would Actually Work

At various points in his career, Donald Trump has praised authoritarian rulers in places like Russia, China, and North Korea for having the ruthlessness to crush their political opponents. His worship of strength, contempt for reason, and appeal to base emotions has made many observers liken him to an authoritarian ruler, and even debate whether he is an actual fascist. But what would authoritarianism look like in the United States, as practiced by Trump? It would probably take the form of Trump using the powers of the federal government to intimidate his critics in the media — one of the key tools Vladimir Putin used to push Russia’s (far more fragile) democracy into outright despotism. In an interview Thursday night with quasi-official mouthpiece Sean Hannity, Trump responded to Washington Post investigations into his life by casually threatening retribution against its owner, Jeff Bezos:

It’s interesting that you say that, because every hour we’re getting calls from reporters from the Washington Post asking ridiculous questions. And I will tell you. This is owned as a toy by Jeff Bezos, who controls Amazon. Amazon is getting away with murder, tax-wise. He’s using the Washington Post for power. So that the politicians in Washington don’t tax Amazon like they should be taxed. He’s getting absolutely away — he’s worried about me, and I think he said that to somebody … it was in some article, where he thinks I would go after him for antitrust. Because he’s got a huge antitrust problem because he’s controlling so much. Amazon is controlling so much of what they’re doing.

And what they’ve done is he bought this paper for practically nothing. And he’s using that as a tool for political power against me and against other people. And I’ll tell you what: We can’t let him get away with it. So he’s got about 20, 25 — I just heard they’re taking these really bad stories — I mean, they, you know, wrong, I wouldn’t even say bad. They’re wrong. And in many cases they have no proper information. And they’re putting them together, they’re slopping them together. And they’re gonna do a book. And the book is gonna be all false stuff because the stories are so wrong. And the reporters — I mean, one after another — so what they’re doing is he’s using that as a political instrument to try and stop antitrust, which he thinks I believe he’s antitrust, in other words, what he’s got is a monopoly. And he wants to make sure I don’t get in. So, it’s one of those things. But I’ll tell you what. I’ll tell you what. What he’s doing’s wrong. And the people are being — the whole system is rigged. You see a case like that. The whole system is rigged. Whether it’s Hillary or whether it’s Bezos.

Obviously, one can debate Amazon’s antitrust practices (a case can be made it is a monopoly) or its tax levels. But Trump is making no pretense of evaluating these questions as public policies to be settled on their merits. His diatribe weaves in and out of Bezos’s finances and the Post’s coverage, and back again repeatedly, leaving no doubt that, in Trump’s mind, the two are one and the same.

Trump is making nice with the leaders of his party now, and the Republican holdouts have been reduced to a stubborn handful. But the GOP leaders going along with Trump should be under no illusion about the likelihood that the candidate they support, if elected, would turn the United States into at least a quasi-authoritarian state. And the ease with which he has brought other Republicans to heel gives every indication that they would help him do it.

 

By: Jonathan Chait, Daily Intelligencer, New York Magazine, May 13, 2016

May 16, 2016 Posted by | Authoritarianism, Donald Trump, Federal Government | , , , , , , , , | Leave a comment

“A Very Different Level Of Self-Confidence”: Democrats Consider Opening, While GOP Closing, Primaries To Independents

If you have been following the very public discussions of the Sandernistas about what to demand at and after the Democratic National Convention in exchange for enthusiastic support of the party nominee, you’ve probably noticed that “open primaries” are on most lists. In some respects that’s just a contemporaneous impulse based on Sanders’s unquestioned appeal to Democratic-leaning independents in this year’s primaries. To the magical thinker, some sort of party gesture in favor of banning closed primaries retroactively shows Bernie should have won after all. But the discussion also reflects a long-standing argument — which, ironically, party “centrists” used to regularly make — that encouraging independents to participate in Democratic primaries is a good way to grow the party base and to prepare Democratic candidates for general elections.

Meanwhile, on the Republican side, the talk at both the grassroots and elite levels about primary rules is very different:

Conservatives, still reeling over the looming nomination of Donald Trump, are pushing new Republican primary rules that might have prevented the mogul’s victory in the first place: shutting out independents and Democrats from helping to pick the GOP nominee

The advocates are finding a sympathetic ear at the very top of the party. Republican National Committee Chairman Reince Priebus has long supported closed primaries, but has never had a constituency to back him on it.

Now you could say these opposite impulses have in common a “sore loser” motive. Still, they represent a very different level of self-confidence about the appeal of the two parties’ core ideologies: the Democratic Left, which used to call itself the “Democratic wing of the Democratic Party,” thinks a broader party base would be more progressive, while the Republican Right wants as small a tent as possible.

Having said all that, it’s unlikely either party will immediately change the system. For one thing, primary access rules are generally set by state governments and (when allowed by state laws) state parties; only some cumbersome and politically perilous carrot-and-stick process is available to the national parties to influence these rules. It will be particularly troublesome for state governments to set up primaries that comply with both parties’ rules if they are tugging in opposite directions. Additionally, implementing a uniform closed-primary system like so many Republicans want would be problematic in states that do not and have never had party registration. Beyond that, there are other ways to skin the cat and make it easier or harder for independents to participate in primaries, such as manipulating re-registration deadlines (opportunities to easily change party affiliation at the polls or caucus-site make the open-closed distinction largely irrelevant).

But without question, if either or both parties want to send a big bold signal to independents by passing some sort of resolution or hortatory rules change at their conventions, they can do so. Among Democrats, more than enough Clinton Democrats from open-primary states would likely join Sanders delegates to create a comfortable majority for some “open the primaries” gesture in Philadelphia. And among Republicans, a close-the-primaries gesture is precisely the sort of measure that could provide an outlet for frustrated delegates bound to Donald Trump on the first ballot but free to disrespect the mogul on rules and platform votes. But Republicans should beware: All else being equal, closing doors is far less popular than opening them.

 

By: Ed Kilgore, Daily Intelligencer, New York Magazine, May 13, 2016

May 16, 2016 Posted by | Democratic National Convention, Primaries, Republican National Convention | , , , , , , | 2 Comments

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