Partisanship: Blame Grover Norquist, Not The Founders
Everyone recognizes that Washington is not working the way it should. This has led some on the left, like Harold Meyerson, to question whether the Founders “screwed up.”
Many on the right, meanwhile, are promoting radical changes to our constitutional system. They talk about a version of a Balanced Budget Amendment, which would require a super-majority for most changes in financial policy. This would enshrine in our Constitution the right’s do-little government philosophy.
But the Constitution is not the problem. If we want to get Washington working again, we should listen to the Founders — not blame them for problems of our own making or change the ground rules of the system of government they bequeathed to us.
True, the Founders established a deliberative democracy, with a series of checks and balances designed to prevent the majority from running roughshod over the rights of political minorities. But these checks and balances have served our nation well.
The problem is not the democratic system bestowed upon us by George Washington, Alexander Hamilton and James Madison. The problem is the additional obstacles to action – the filibuster, hyper-partisanship, and special interest pledges – that our Founders would have found abhorrent.
Our Founders struck a delicate balance between the promotion of majority rule – the essential predicate for a democratic government of “We the People” – and the desire to protect minority rights and prevent the “tyranny of the majority.” The Constitution is designed to delay and temper majority rule while allowing a long-standing majority to get its way.
So, for example, the Constitution staggers the election of senators so that only one third of the Senate can change hands in any one election. As a result, it usually takes more than one election for any one party to gain a governing majority.
Modern politicians have placed layer after layer of lard on this deliberative system of government, ultimately producing the gridlock now plaguing Washington. The Senate Republicans now use the filibuster rule as a virtual requirement. Every piece of legislation must enjoy a super-majority of 60 votes in the Senate — meaning a determined minority can permanently stop the majority from getting its way.
President George Washington, in his farewell address to the nation, warned about just such “alterations” to our constitutional system. He said this would “impair the energy of the system.”
Washington also decried political parties. He passionately warned the nation against any effort “to put in the place of the delegated will of the nation the will of a party.”
While political parties were forming and solidifying even as Washington uttered these words, our modern politicians have enshrined hyper-partisanship through tricks like the “majority of the majority” rule, whereby the House speaker will only bring to the House floor legislation that has the support of the majority of his political party.
It is hard to imagine a more powerful example of the precise party-over-country danger Washington warned us about.
Washington may have had the likes of Grover Norquist in mind when he warned that some men “will be enabled to subvert the power of the people and to usurp for themselves the reins of government.”
Even anti-tax Republicans, like Sen. Tom Coburn (R-Okla.) and Rep, Frank Wolf, have now decried the oversized role Norquist’s no new taxes pledge played in forcing the debt ceiling showdown and helping to prevent any solution that would have included new revenues. Coburn and others have warned their colleagues against putting Norquist’s “no–tax” pledge over their oath to support the Constitution and to serve “we the people” – not Norquist or any other special interests.
Washington today has serious problems, but we should not blame the city’s namesake for them. Rather, politicians of both parties should support a reform agenda designed to remove from our political system the modern procedural obstacles that have produced our current gridlock.
Maybe even in these divided political times we can all agree that when casting blame for what ails Washington, the fault it not with George Washington and our other Founding Fathers. It’s with the causes of our current gridlock – including figures like Norquist and his no-tax pledge.
By: Doug Kendall, Opinion Contributor, Politico, October 22, 2011
The GOP’s Latest Tax Gimmickry: Soak The Poor
It’s one of the strangest things in our politics: The only “big” ideas Republicans and conservatives seem to offer these days revolve around novel and sometimes bizarre ways of cutting taxes on rich people.
Given all the attention that Herman Cain’s nonsensical and regressive 9-9-9 tax plan has received, the Republican debates should have as their soundtrack that old Beatles song that droned on about the number nine.
Now, Texas Gov. Rick Perry hopes to pump up his campaign with a supposedly bold proposal to institute a flat tax, which would also deliver more money to the well-off. Perry plans to outline his proposal this week, but he has already touted it as a sure-fire way of “scrapping the 3 million words of the current tax code.”
There is absolutely nothing new about this idea, and candidates who pushed flat taxes in the past saw their campaigns flat-line, most prominently businessman Steve Forbes in 1996 and again in 2000. Politically, the idea falls apart rather quickly when middle-income voters realize that its main effect is to cut taxes on the financially privileged while usually raising them on Americans who have more modest incomes.
Note to Perry: Voters are shrewd in figuring out whether tax proposals really benefit them. That’s why raising taxes on millionaires — the exact opposite of what Cain and Perry want to do — wins support from a broad majority.
But the more interesting question is: Why are today’s Republicans so enthralled by tax gimmicks? Their party, after all, was once innovative in thinking about affirmative uses of government. The Grand Old Party instituted the Homestead Act and created land-grant colleges, the interstate highway system, student loans, the Pure Food and Drug Act and even a prescription drug benefit under Medicare.
It was Richard Nixon who supported laws establishing the Environmental Protection Agency and the Occupational Safety and Health Administration. In signing the OSHA bill, Nixon called it “one of the most important pieces of legislation, from the standpoint of 55 million people who will be covered by it, ever passed by the Congress of the United States, because it involves their lives.” Yes, government regulations save lives, a view now heretical in the GOP.
Republicans have boxed themselves into a rejection of both their own traditions and the idea that government can do any good. Thus they have confined themselves to endless fiddling with the tax code. Almost everything conservatives suggest these days is built around the single idea that if only government took less money away from the wealthy, all our problems would magically disappear.
There is a history to this. The Republican fixation on taxes dates to the mid-1970s, when supply-side economics began taking hold. The late Jude Wanniski, an editorial writer for the Wall Street Journal who campaigned indefatigably on behalf of lower marginal tax rates, came up with the “Two Santa Clauses” theory. He argued that if Democrats earned support by giving voters benefits through government programs, Republicans should play Santa by giving people tax cuts.
Wanniski sold his tax ideas to Jack Kemp, one of the most ebullient political figures of his generation, who in turn sold them to Ronald Reagan. Reagan made Kemp’s 30 percent tax cut (co-sponsored with Sen. Bill Roth) a centerpiece of his 1980 campaign. The political scientist Wilson Carey McWilliams perfectly described the result in a 1981 essay. “After years of learning that ‘you don’t shoot Santa Claus,’ ” he wrote, “the Republicans decided to nominate him.”
But Republicans have a problem now. In the Kemp-Reagan days, they were selling across-the-board tax cuts. Most of their benefits flowed to the rich, but almost everyone got a piece. Today, many Republicans complain resentfully that less prosperous Americans don’t pay enough in taxes — overlooking the fact that citizens who don’t pay income taxes still shell out a significant share of their earnings in payroll, sales and (directly or through their rents) property taxes.
Reagan’s optimism has thus been replaced by crabby put-downs of the less affluent. Perry said it directly in his announcement speech: “We’re dismayed at the injustice that nearly half of all Americans don’t even pay any income tax.” Considering the other injustices in our society, this seems an odd and mean-spirited obsession.
“Tax the poor” is a lousy political slogan. That’s why Cain’s 9-9-9 plan and Perry’s flat tax are doomed to fail. Among conservatives, Santa Claus has given way to Scrooge.
By: E. J. Dionne, Opinion Writer, The Washington Post, October 21, 2011
Making The Court A Priority For Progressives
This week the U.S. Supreme Court opened a new term, for the first time in Barack Obama’s presidency without a new Justice joining the high court. Also this week, two of the Justices testified before Congress in an historic hearing on the role of judges under the U.S. Constitution. A new national conversation about the third branch and the Constitution is gaining the attention of more Americans every day, and it’s one all of us should join.
History shows that nearly every major political issue ends up in the courts. Our nation’s federal courts are where social security appeals are heard, employment cases decided, immigration issues settled, and where Americans vindicate their most cherished Constitutional rights. This year is no different.
This Supreme Court term, lasting through June 2012, promises to be a significant one, with decisions affecting every American. The cases the court will decide this term alone highlight what’s really at stake for all Americans, far beyond any single election or individual term in office.
Consider these important questions the Court is poised to decide: the constitutionality of the Obama Administration’s landmark health care reform legislation; the constitutionality of warrantless surveillance of Americans using GPS tracking devices; the constitutionality of Arizona’s controversial racial profiling immigration law; questions relating to the Family and Medical Leave Act; the constitutionality of religious organizations discriminating in hiring decisions; constitutional questions about the reliability of eyewitness testimony in criminal cases (a key issue in the recent Georgia execution of Troy Davis).
This is a veritable hit parade of issues progressives, independents—indeed all Americans—care deeply about.
Until recently, the courts were generally friendly to progressive public policies. Indeed the federal courts helped to enable the social and economic progress that has made our country stronger and more inclusive over time. Courts were able to do so by adhering to the text and history of the U.S. Constitution and its amendments, and applying the Constitution’s core principles and values to questions of the day.
Conservatives, unhappy with idea that the Constitution guarantees more opportunity all our citizens instead of just for the already privileged few, have in recent years mounted a concerted political effort to remake the federal judiciary in their image: to be more activist and more closely aligned with their political views. Americans used to be able to sleep at night knowing the federal courts were good guardians of our most cherished constitutional principles. Now, the rights many Americans take for granted, like equal access at the voting booth and the ability to challenge discrimination at work, increasingly find a hostile and activist audience in the nation’s courts.
But progressives have a chance to turn the tide. Today, there are a record number of vacancies in our federal courtrooms, as a new Center for American Progress study released this week shows. Unprecedented obstruction by conservative U.S. Senators has led to an abysmal rate of judicial confirmations. This has left a level of empty judgeships not seen at any time under any president in U.S. history. Fully two thirds of the country is living in a jurisdiction without enough judges for the cases that are piling up. It means less access to justice and longer delays in court for the American worker and small business owner.
It doesn’t have to be this way. Progressives need to work together to support making our judiciary more progressive—and to support the confirmation of President Obama’s nominees. It’s time for the judiciary to be a priority for progressives.
The judges progressives want on the bench are judges for all Americans—judges who follow the text and history of the Constitution and apply it faithfully to the questions before them. At a time when the Tea Party is cherry-picking select provisions of the Constitution and discarding others to win short-term political arguments, we need the federal judiciary to be a strong guardian of all of our Constitution’s provisions and amendments for the long-term. With increasingly conservative state legislatures rolling back gains progressives have championed for decades, we need our courts to protect our Constitutional values from the political winds of the moment. These values—liberty, freedom, equality—have driven America’s progress since its founding, and are what make America exceptional around the world today.
Our courts matter for all Americans. And who is on the courts should matter to anyone who cares about the Constitution and the opportunities and protections it promises. It’s time for progressives to unite and support getting more progressive judges on the federal bench. Nothing less than the long term health of our democracy depends on it.
By: Andrew Blotky, Center for American Progress, Originally Published in Huffington Post, October 20, 2011
What If Working Class Americans Actually Like Occupy Wall Street?
It’s become an article of faith among some on the right, and even among some neutral commentators, that Obama and Dems risk losing the support of blue collar whites in swing states if they dare to whisper a word of praise for Occupy Wall Street.
But what if the opposite is true — what if working class white voters actually like and agree with Occupy Wall Street’s message, if not always with the cultural and personal instincts of its messengers?
The movement is still very young, and it’s very hard to gauge support for it. But one labor official shares with me a very interesting data point: Working America, the affiliate of the AFL-CIO that organizes workers from non-union workplaces, has signed up approximately 25,000 new recruits in the last week alone, thanks largely to the high visibility of the protests.
Karen Nussbaum, the executive director of Working America, tells me that this actually dwarfs their most successful recruiting during the Wisconsin protests. “In so many ways, Wisconsin was a preview of what we’re now seeing,” Nussbaum says. “We thought it was big when we got 20,000 members in a month during the Wisconsin protests. This shows how much bigger this is.”
The cultural fault line and tensions between blue collar whites and liberal activists is a well established storyline in American history. But Working America — which organizes in industrial battlegrounds like Michigan, Wisconsin, Ohio and Pennsylvania and other swing states — is having a new burst of success among precisely the sort of working class voters who are supposed to be culturally alienated by the excesses of the Occupy Wall Street protestors.
Nussbaum says that her organizers report that new recruits often mention the protests in a positive light, even though they have very little in common in cultural terms.
“These are not the folks who normally wear dreadlocks and participate in drum circles,” Nussbaum says. “They’re working class moderates who work as child care employees or in cafeterias or in construction. They’re people who work in lower middle class suburbs around the country.” Pressed on whether the movement’s excesses and lack of a clear agenda risk alienating such voters, Nussbaum said: “We’re proving every day that that’s not the case.”
I don’t want to overstate the case that can be made off of this kind of anecdotal evidence. And I’m sympathetic to the case made by some conservatives that it’s way too early to place stock in polls showing the movement is well received by the public. But as new polling emerges, it will be very interesting to track how it’s received by working class Americans who conservatives insist will be repulsed by it.
At a minimum, the question of whether Occupy Wall Street can forge any kind of meaningful bond with blue collar whites and moderates will be seen by both sides as a crucial one going forward. Nussbaum acknowledges that conservatives might have some success discrediting the movement “if they can change the subject to what the occupiers are wearing.”
“But if we keep the subject on jobs and democracy, we’ll keep those working class moderates in this fight,” she concludes. “It’s crucial that we not let this moment evaporate, and we can do that if we tie the movement to a working class constituency.”
By: Greg Sargent, The Plum Line-The Washington Post, October 17, 2011
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