“Its Time To Reboot”: Ronald Reagan Is The GOP’s Problem, Not Its Solution
So the Republican Party’s going through some soul searching. And after the results of the 2012 elections that seems like a sensible thing to do.
But so far most of the changes contemplated tend toward the cosmetic—we have to change our “tone,” they say, or the “face” of the party. And that’s all well and good. But one is left to wonder: Is there something going on here that requires plumbing a little deeper into the Republican depths?
I think the answer is yes.
Come back with me to 1981. It’s Ronald Reagan’s inaugural, a shining moment for conservatives and the GOP, punctuated by his famous quotation: “In this present crisis, government is not the solution to our problem; government is the problem.”
Those words were the apotheosis of a conservative line of argument championed by the likes of William F. Buckley and Russell Kirk for over 30 years. And here was a president not attacking this government program or that one, but instead indicting government as a whole. How satisfying that must have been for those who had long railed against programs like the New Deal and the Great Society.
Not surprisingly, Reagan’s creed became a rallying cry for conservatives and over the past three decades it has remained ever thus. It’s a great slogan that immediately communicates a distinctive set of values, and in that respect, in many cases, it has served the GOP well. But as an organizing principle for electoral success? Well, that’s a little more complicated.
For the GOP’s traditional base—the wealthy—it’s a terrific message. If you have sufficient wealth, you don’t have much need for the domestic programs you see your taxes going to fund, and maybe it offends you to see your money being redistributed by the government to folks less well off than you. If that’s the case, you might prefer a federal government that does less and, as a result, costs less, leaving more of the money you earn in your pocket. In other words, for you, government really is the problem: it diminishes the amount of money you can spend on the things you want, and it does so without offering you something that you regard as an offsetting benefit.
If the number of people who don’t need domestic programs were large enough the GOP would need go no further than Reagan’s creed to win elections. But it isn’t.
Recognizing this, clever Republicans take a step back from the broad sweep of Reaganism and instead try taking it to a more tactical scale, identifying a particular demographic group whose taxes can be said to be paying for a program that benefits someone else. By saying to Group A you are paying for the benefits of Group B some try to mine a latent vein of resentment without threatening government programs that benefit a broader swath of the electorate. See: Reagan appealing to blue color whites by talking about welfare.
Finding the sweet spot between Reagan maximized and Reagan targeted is often the key to Republican electoral prospects, as no less than Reagan himself found out. Early in his first term he managed to push through broad spending cuts. But as people learned the impact those cuts were actually having (remember ketchup as vegetable?) momentum waned. And that’s the thing: take Reagan too far, and your spending cuts start hacking away at programs that people have come to rely on. Think school lunches. Student loans. Social Security. You see, sometimes government is the solution, no matter how much conservatives don’t want to believe it.
Today, the Republican caucus seems fractured between true believers looking to cut anything that moves, and more traditional Republicans who speak Reagan boldly, but apply him more cautiously. And while the radicals have had some well-publicized victories, the long-term health of the party seems dependent upon the veterans’ ability to retake the agenda. One suspects that that is how this play will eventually unfold.
But I’d like to suggest something a little different. There’s an honorable role to be played by a party that holds government expenditure to a rigorous standard. To be sure, for every government program that works there are any number that don’t. Fashioning a government that is narrowly tailored to the problems its constituents face, and that moves efficiently to address them (whether through a program or the absence of one) ought to be everyone’s goal.
Just imagine how constructive a Republican party able to have a rational discussion about the role of government in our lives could be, a party able to contemplate not only the costs but also the benefits of government, and one that offered a principled view about how to distinguish between the two. That would be quite something. And it would offer an extraordinary service to this country.
But for that to happen, something pretty fundamental has to change. There must be a recognition that for all he did for the Republican cause, in this present crisis Ronald Reagan isn’t the solution to your problem; Ronald Reagan is the problem. And its time to reboot.
By: Anson Kaye, U. S. News and World Report, February 1, 2013
“Bush v Gore”: The Only Precedent That Seems To Matter To “Judicial Counter Revolutionaries”
Nobody would much describe Monthly alumnus and long-time Atlantic writer James Fallows as a firebrand. But he does have a sense of historical perspective. Over the weekend, mulling a probable Supreme Court action to invalidate some or all of the Affordable Care Act, Fallows put together a stunningly brief summary of how we came to this point:
Pick a country and describe a sequence in which:
* First, the presidential election is decided by five people, who don’t even try to explain their choice in normal legal terms.
* Then the beneficiary of that decision appoints the next two members of the court, who present themselves for consideration as restrained, humble figures who care only about law rather than ideology.
* Once on the bench, for life, those two actively second-guess and re-do existing law, to advance the interests of the party that appointed them.
* Meanwhile their party’s representatives in the Senate abuse procedural rules to an extent never previously seen to block legislation — and appointments, especially to the courts.
* And, when a major piece of legislation gets through, the party’s majority on the Supreme Court prepares to negate it — even though the details of the plan were originally Republican proposals and even though the party’s presidential nominee endorsed these concepts only a few years ago.
How would you describe a democracy where power was being shifted that way?
Fallows answers his own question by using a term—“long-term coup”—that he later downgrades to “radical change.” That’s appropriate, since “coup” implies tanks in the street rather than black-robed ideological cheerleaders. But it’s becoming more obvious each day that the judicial counter-revolutionaries of the Supreme Court don’t need the crisis atmosphere that they used to justify Bush v. Gore to continue its legacy. Indeed, it seems to have become the only precedent the majority reliably respects. Maybe they will surprise us all on Thursday and step back from the brink. But without question, if another seat on the Court falls their way, the constitutional substructure of every 20th century social accomplishment from the New Deal to the Civil Rights Act to the Clean Air Act to the right to an abortion is in immediate danger. And anyone who remembers that strange night in 2000 when the Court’s Republican appointees decided to seize the opportunity to choose a president should not be surprised.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, June 25, 2012
The Deeply Crazy In Virginia’s Obamacare Lawsuit
As my Philadelphia Phillies idled through a two-hour rain delay Thursday night, I curled up with some light reading: a Texas Review of Law & Politics article by the legal team, led by Virginia Attorney General Ken Cuccinelli, that’s challenging the new healthcare individual mandate in the U.S. Court of Appeals for the Fourth Circuit.
It’s fascinating stuff.
Cuccinelli and co. follow a long trail from the 18th century British jurist William Blackstone to the Dred Scott case to the New Deal to the present day. The conservative team, at first, makes a tight, prudential case against the Obamacare mandate that I, in my nonprofessional capacity, happen to favor.
In their words:
No existing case needs to be overruled and no existing doctrine needs to be curtailed or expanded for Virginia to prevail on the merits. Nor does Virginia remotely suggest that the United States lacks the power to erect a system of national healthcare. Virginia expressly pled that Congress has the authority to act under the taxing and spending powers as it did with respect to Social Security and Medicare, but that Congress in this instance lacked the political capital and will to do so. No challenge has been mounted by Virginia to the vast sweep and scope of the Patient Protection and Affordable Care Act (PPACA). Instead, only the mandate and penalty were challenged because the claimed power is tantamount to a national police power inasmuch as it lacks principled limits.
In plainer, get-to-the-point English: We grant you the social safety net established under the “Roosevelt Settlement.” We recognize Congress’s power to regulate interstate commerce. We even grant that this power could conceivably deliver universal healthcare. But for Pete’s sake, don’t try to include “inactivity”—that is, not buying a health insurance plan on the private market—under its purview.
Because, once you regulate the act of doing nothing, what’s left to regulate?
Er, nothing.
Thus, does the state’s power to tax and police become theoretically unlimited?
But, later in the body of the piece, Team Cuccinelli begins to play other, more presently familiar cards. Glenn Beck fans will recognize the faces in the rogue’s gallery: Justice Oliver Wendell Holmes, progressive philosopher John Dewey, and others who, this argument goes, created the post-New Deal legal and philosophical edifice.
Wouldn’t you know it, this welfare-state stuff constitutes a violation of natural law—which, ipso facto, means economic laissez-faire—and a lurch into moral chaos. Echoing the newly popular Hayek, Cuccinelli’s article asserts the primacy of economic rights while characterizing as relativistic the not-exclusively-liberal jurisprudential argument that personhood and dignity precede the marketplace. (Last I checked, I’ve never seen an unborn baby sign a contract.)
Come conclusion time, the piece sounds eerily like it’s not merely advocating the curtailment of an otherwise defensible attempt to advance the national interest, but rather like a full-throated libertarian manifesto:
The Progressive Meliorists had argued that they should be accorded constitutional space in which to make a social experiment, agreeing in turn to be judged by the results. The New Dealers carried the experiment forward. Seventy years later, results are in suggesting that the experiment is living beyond its means. The statist heirs to the experiment say that it cannot and must not be curtailed, so now they claim this new power.
Social Security and Medicare—an experiment! Just a temporary, 70-year blip on the radar!
So, in 46 pages, we proceed from modest and reasonable to deeply crazy.
It behooves us to ask, what’s Cuccinelli’s endgame?
I think we’ve seen this movie before.
By: Scott Galupo, U. S. News and World Report, August 18, 2011
The World According To Clarence Thomas And Ayn Rand
The Los Angeles Times highlights some of Justice Clarence Thomas’s more extreme solo opinions, most of which seem to be rooted in this: every year Thomas has his new clerks come to his home to watch a movie—”the 1949 film version of the classic of libertarian conservatism, Ayn Rand’s The Fountainhead.”
Explains a lot, and not just his willingness to be the only (often crazy) dissenter on key cases.
Among them, he has declared that the Constitution gives states a right to establish an official religion. Prisoners, he wrote, have no constitutional right to be protected from beatings by guards. Teenagers and students have no free-speech rights at all, he said in an opinion Monday, because in the 18th century, when the Constitution was written, parents had “absolute authority” over their children.Two years ago, the court ruled that a school official could not strip-search a 13-year-old girl to look for two extra-strength ibuprofen pills. Thomas — alone — dissented, calling the search of her underwear “reasonable and justified.”
Alone, he voted to strike down a key part of the Voting Rights Act that is credited with giving blacks political power in the South. And he was the lone justice to uphold the George W. Bush administration’s view that an American citizen could be held as an “enemy combatant” with no charges and no hearing….
“He is the most radical justice to serve on the court in decades,” said Erwin Chemerinsky, dean of the UC Irvine Law School and a liberal constitutional scholar. He “would change the law dramatically and give little weight to precedent. It’s easy to overlook how radical [he is] because his are usually sole opinions that do not get attention.”
He’s the Federalist Society’s dream Justice, a true “constitutional conservative.” Ed Kilgore writes about the radicalism of the movement in reference to Michele Bachmann, but it’s applicable here.
…[C]onstitutional conservatives think of America as a sort of ruined paradise, bestowed a perfect form of government by its wise Founders but gradually imperiled by the looting impulses of voters and politicians. In their backwards-looking vision, constitutional conservatives like to talk about the inalienable rights conferred by the Founders—not specifically in the Constitution, as a matter of fact, but in the Declaration of Independence, which is frequently and intentionally conflated with the Constitution as the part of the Founders’ design. It’s from the Declaration, for instance, that today’s conservatives derive their belief that “natural rights” (often interpreted to include quasi-absolute property rights or the prerogatives of the traditional family), as well as the “rights of the unborn,” were fundamental to the American political experiment and made immutable by their divine origin….The obvious utility of the label is that it hints at a far more radical agenda than meets the untrained eye, all the while elevating the proud bearer above the factional disputes of the conservative movement’s economic and cultural factions.
On the economic side of the coin, most mainstream politicians are not going to publicly say that the monstrosities they associate with ObamaCare, “redistribution of wealth,” or Keynesian stimulus techniques are rooted in their desire to reverse the New Deal, as well as a long chain of Supreme Court decisions that also happened to make possible the abolition of segregation. But many conservative activists actually think that way, and have in mind as their goal nothing so modest as a mere rollback of federal social programs to the levels of the Bush or even the Reagan administration. Bachmann and other candidates can talk to most voters as though they are simply trying to defend America from a vast overreach by the 44th president. But to the radicalized conservative base that dominates contests like the Iowa Caucuses, the constitutional conservative label hints broadly at a more audacious agenda ultimately aimed at bringing back the lost American Eden of the 1920s, if not an earlier era.
It’s an interesting concept for Thomas to align with, given that he would have been considered only 3/5ths of a man “in the 18th century, when the Constitution was written.” Or perhaps he’s interpreting it as three out of five African-Americans being counted, and assuming he’d of course be among the three. Of course, if we returned to his preferred era of governance, he could be in prison on the basis of his marriage alone. And it’s a pretty safe bet, had so many of the laws he has dissented from so strenuously not been passed and upheld, the last place he’d find himself now is on a seat in the highest court of the land.
All of which would only be an interesting quirk of Thomas’s personality if he weren’t part of an increasingly extreme majority on the court, manifesting this hard-right, highly corporatist, and dangerous philosophy. That he’s guided by Ayn Rand should be enough to put his place on the court in question, if his ethical lapses alone weren’t enough to do so.
By: Joan McCarter, Daily Kos, July 5, 2011
Deficits Still Don’t Matter To Republicans
Think there will eventually be a bipartisan deal to increase the public debt limit after an extended period of Kabuki Theater posturing? Maybe it’s time to think again.
Ezra Klein really hits the nail on the head in describing the “negotiations” as they stand today:
The negotiation that we’re having, in theory, is how to cut the deficit in order to give politicians in both parties space to increase the debt limit. But if you look closely at the positions, that’s not really the negotiation we’re having. Republicans are negotiating not over the deficit, but over tax rates and the size of government. That’s why they’ve ruled revenue “off the table” as a way to reduce the deficit, and why they are calling for laws and even constitutional amendments that cap federal spending rather than attack deficits. Democrats, meanwhile, lack a similarly clear posture: most of them are negotiating to raise the debt ceiling, but a few are trying to survive in 2012, and a few more are actually trying to reduce the deficit, and meanwhile, the Obama administration just met with the Senate Democrats to ask them to please, please, stop laying down new negotiating markers every day.If we were really just negotiating over the deficit, this would be easy. The White House, the House Republicans, the House Progressives, the House Democrats and the Senate Republicans have all released deficit-reduction plans. There’s not only apparent unanimity on the goal, but a broad menu of approaches. We’d just take elements from each and call it a day. But if the Republicans are negotiating over their antipathy to taxes and their belief that government should be much smaller, that’s a much more ideological, and much tougher to resolve, dispute. The two parties don’t agree on that goal. And if the Democrats haven’t quite decided what their negotiating position is, save to survive this fight both economically and politically, that’s not necessarily going to make things easier, either. Negotiations are hard enough when both sides agree about the basic issue under contention. They’re almost impossible when they don’t.
It’s worth underlining that “deficits” and “debt” don’t in themselves mean any more to conservatives than they did when then-Vice President Dick Cheney said “deficits don’t matter” in 2002. Every Republican “deficit reduction” proposal is keyed to specific spending cuts–without new revenues–and increasingly, to an arbitrary limit on spending as a percentage of GDP. Even the version of a constitutional balanced budget amendment that Sen. Jim DeMint is insisting on as part of any debt limit deal would have a spending-as-percentage-of-GDP “cap” (at 18%, as compared to about 24% currently) that would force huge spending reductions (you can guess from where since GOPers typically consider defense spending as off-limits as taxes).
Today’s Republicans are simply using deficits as an excuse to revoke as much of the New Deal/Great Society tepid-welfare-state system as they can get away with. And it’s really just a latter stage of the old conservative Starve-the-Beast strategy for deliberately manufacturing deficits in order to cut spending. Democrats should point this out constantly, and not let Republicans get away with claiming they are only worried about debt and fiscal responsibility.
By: Ed Kilgore, The Democratic Strategist, May 12, 2011