“Hollowness Of GOP Arguments”: Where Was Republicans’ Concern for “Political Norms” When They Took The Debt Ceiling Hostage?
Else where on this site, Eric Posner argues that conservatives should celebrate President Obama’s immigration actions because they “may modify political norms that control what the president can do.” The idea, which will be familiar to everyone following the contretemps surrounding Obama’s immigration policy, is that Republicans will eventually be able to marshall the same powers Obama is asserting to more conservative ends.
But near the end of the article, Posner modifies his argument by observing that Obama didn’t actually create any new norms last week at all. Rather, he may have revived a long-dormant conservative inclination to “undermine the regulatory system itself,” from within the executive branch, by pushing the envelope of executive power. We’ve already been down this road before—only before, Republicans were at the wheel.
This is a crucial insight. You can’t understanding the shadowboxing over Obama’s immigration moves if you don’t recognize it as shadowboxing. To nearly a person, the conservatives complaining about the procedural implications of Obama’s actions are expressing substantive or political disapproval through other channels. The conservatives tenting their fingers, anticipating all the discretion a Republican president will use, would likewise have found reasons to support those acts of discretion whether Obama had acted unilaterally on immigration or not.
Two years ago, unilateral suspension of Obamacare requirements sat high on Mitt Romney’s 2012 agenda and Republicans loved it. They never considered it a threat to the right-size of the legislative branch, or worried that Mitt Romney was promising to exercise imperial powers.
Romney didn’t win, and thus his plan to dismantle Obamacare from within the executive branch never came to pass. But we don’t need to refer back to hypotheticals to expose the hollowness of precedential arguments like these. Three years ago, Mother Jones’ Kevin Drum identified several real instances in which Republicans ”figured out that old traditions are just that: traditions. There’s no law that says you can’t change them.”
Most of the examples are pretty arcane, and many evince a party committed to purpose, willing to use the rules to their advantage to win elections and shape policy, rather than a party contemptuous of democratic processes.
But the big glaring exception in all this, and the one that really underscores the argument that an abiding concern for traditions doesn’t really drive conservative opposition to Obama’s deportation relief, is the weaponization of the debt limit.
There, the precedent, and the danger to the constitutional order, was actually quite clear. Republicans in 2011 (and again, to less effect, in 2013) attempted to leverage their control over half of the legislature, to impose their substantive preferences on a Democratic president and the majority party in the Senate by using the threat economic calamity as a bargaining chip. To borrow from the right today, we had a situation in which the speaker of the House tried to usurp the Senate’s agenda-setting power and the president’s plenary power to determine which laws to sign and which to veto, by laying out an unprecedented choice between a right-wing vision without popular support, and default on the national debt.
The gambit paid off exquisitely in 2011 with the signing of the Budget Control Act, which brought us the indiscriminate spending controls of sequestration.
I don’t think there’s any way you can argue that Obama would’ve signed the BCA if you take the debt limit hostage-taking out of the equation. Boehner used the lawful powers at his disposal to settle a big fight over federal spending by fiat—remember the Boehner Rule?—except that since the legislature doesn’t enforce laws, the only way he could accomplish this was to threaten immense damage to the national and global economies as the price of non-compliance.
And it worked! It worked so well that he tried it again after Republicans lost the 2012 elections, by which point Obama had learned that Boehner’s leverage was actually illusory.
I think the Budget Control Act is a terrible law, and I think the precedent Boehner wanted to set would’ve been disastrous if it had taken hold. Fortunately, our political system proved resilient enough to prevent Republicans from turning this kind of brinksmanship into a matter of routine, and for that reason we don’t need to relitigate the normative questions Boehner raised over two-plus years of debt limit brinksmanship.
But if you dip into the archives at National Review—where we can now read about Obama’s similarity to Latin American military dictators—or into Ross Douthat’s old New York Times columns, which today center on the question of whether Obama is more like Caesar or a tin-pot caudillo—you’ll find that the right was much, much more concerned about whether Republicans were making wise tactical moves in debt limit negotiations, or whether conservatives would pocket satisfactory substantive concessions, in what was essentially a legislative mugging, than in questions of precedent.
Separation of powers questions almost never creeped in. Because conservatives were basically happy with what Republicans were setting out to accomplish.
By: Brian Beutler, The New Republic, November 24, 2014
“Voters Remorse”: The New GOP Congress Americans Do Not ‘Wish They Had’
The man who lost the last (presidential) election round and who goes around talk shows trying to pretend he did not, has some advice for the man who beat him in 2012.
Appearing on Sunday’s CBS Face the Nation, failed presidential candidate Mitt Romney told Bob Schieffer, when asked about the possibility of “Obama taking executive action to overhaul immigration policy,” “The president has got to learn that he lost this last election round.”
The man who lost the last (presidential) election round said so after lecturing his nemesis about how to fight ISIL (“what we should have done by now is have — is have American troops staying by in — in Iraq”) and after implying that perhaps the President should just curl up in a fetal position, contrary to David Axelrod’s and most Americans’ expectations. “The President ought to let the Republican Congress, the Republican House and the Republican Senate come together with legislation that they put on his desk which relates to immigration,” the man who lost the last (presidential) election round told Bob Schieffer.
This latest bit of GOP arrogance is very similar to Mitch McConnell’s recent hubris: “We’d like for the president to recognize the reality that he has the government that he has, not the one that he wishes he had, and work with us,” when a “very disturbed” incoming Senate Majority Leader lamented that the president was still the President and was still intending to use his executive powers.
Which, in turn, is very reminiscent of the effrontery of former Defense Secretary Donald Rumsfeld whose callous response to a soldier asking for better protection for our troops in Iraq was: “You go to war with the army you have, not the army you might want or wish to have at a later time.”
Memo to Messrs. Romney and McConnell — and to the GOP:
Midterm elections are not intended to neuter a president. They are midcourse corrections intended to make government work better for the people who elect their representatives; to — in fact — transform the government we have into the government the people wish they have. On November 4, 2014, the American people gave Republicans another chance to stop the obstruction, stop the obfuscation, stop the gridlock, stop the arrogance, stop the raw partisanship and work with a man who is still President of the United States for the common good of all Americans, not just a few.
To do all this, congressional Republicans must disprove the disturbing allegation that they “have been sent to Washington with a mandate not so much to conduct business but rather to collect a bounty, to do what they promised and what their supporters expect: Stop Obama at any cost and at every turn, to erase his name or at least put an asterisk by it.”
Or will they?
By: Dorian de Wind, The Huffington Post Blog, November 17, 2014
“A Backwards Looking Losing Theme”: The GOP Already Has The Wrong Message For 2016
Let’s “restore” America.
This theme has been an undercurrent of Republican politics since the 2008 elections, when President Obama and the Democrats won control of two of the three branches of the U.S. government. It was also an explicit goal of the Tea Party. Now, it looks like Republicans are testing it out as a slogan for the 2016 elections, including the key presidential contest.
If Jeb Bush runs, and wins, the GOP might mean “restore” almost literally, in the dynastic sense. But mostly the message is that the Republican Party is volunteering to clean up the mess those Democrats made, bringing us back to some idyllic time in America (probably the 1980s).
At The Atlantic, Peter Beinart has an entire article dedicated to “the Republican obsession with ‘restoring’ America,” including its many iterations in today’s GOP politics. “Restore” appears in the literature — both press releases and upcoming or recent books — from 2016 GOP hopefuls Marco Rubio, Ted Cruz, and Mike Huckabee, for example. It is a word that has inherent appeal for those whose politics are conservative, but it also has vaguely sinister overtones for groups that didn’t exactly have it better in the good old days.
The Week‘s resident linguist, Arika Okrent, notes that along with Rubio’s upcoming campaign book American Dreams: Restoring Economic Opportunity for Everyone, fellow presumptive 2016 presidential hopeful Paul Ryan is “Renewing the American Idea” in his book while Rick Santorum is “Recommitting to an America That Works.” All those “re-” words are “supposed to call up the idea of freshness and new blood,” she muses, “but something about the re- screams ‘do over!'”
The problem with the pledge of restoration is that it is inherently backward-looking. Americans may like the idea of America’s Golden Age — well, some Americans: “older, straight, Anglo, white, and male voters,” in Beinart’s analysis — but what they really want to hear is what a party will do to improve their future.
Democrats learned this lesson in 2004. After trying out a host of campaign themes, presidential nominee John Kerry settled on “Let America Be America Again” in late May. It’s from a 1938 Langston Hughes poem of the same name, and the message to the electorate was that President George W. Bush had broken America, or at least veered it off the right path, and Kerry would resurrect a more idyllic era (probably the 1990s).
Kerry used that line for the rest of the campaign, at times quoting extensively from the poem, and it didn’t work.
This wasn’t the only reason that Kerry lost, of course — he was leading Bush for much of the “Let America Be America Again” phase of the campaign, until “Swift Boat” August — but compare Kerry’s theme with Obama’s 2008 mantras of “Our Moment is Now” and “Hope and Change.” Big difference.
In any case, Republicans should already know that “restore America” is a losing theme. Mitt Romney’s 2012 super-PAC was the poetically nonsensical Restore Our Future. The first substantive section of the party’s 2012 platform was entitled “Restoring the American Dream.” And even the GOP’s “Great Communicator,” Ronald Reagan, couldn’t unseat fellow Republican Gerald Ford with his 1976 speech “To Restore America.”
Nostalgia is great for selling merchandise and rebooted TV and film franchises, but it’s not a very effective political cri de cœur for a national campaign. Republicans have been telling us what they’re against for the last six years — Obama — and if they want to be viable in 2016, they need to spend the next two telling us what they envision for the future.
By: Peter Weber, Senior Editor, TheWeek.com, November 17, 2014
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