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“An Undemocratic Body Becoming Even More Undemocratic”: Gun Debate Highlights Everything Awful About The U.S. Senate

The Washington Post reported yesterday evening that “senators might be on the cusp of a breakthrough” on gun legislation, after weeks of “stalled negotiations” leading to many observers pronouncing gun control doomed. (Though as Dave Weigel points out, the “all gun legislation is in deep trouble” idea arose mostly because Congress hasn’t been in session and hence no work has been done on any legislation.) The savior: Pennsylvania Republican Pat Toomey, who is now negotiating with Democrat Joe Manchin, after it was determined that Oklahoma Republican Tom Coburn was not worth wasting any additional time on. Toomey, you see, needs to win reelection in Pennsylvania, so he is going to be more reasonable than someone who won’t have to work very hard at all to win reelection in Oklahoma.

This is basically the way eminent Washington political elites like to pretend that the Senate is supposed to work, and the way they imagine it worked in the idealized past: A very conservative Democrat (from a tiny state) finding common ground with a Republican colleague. The fact that these careful negotiations are required when there are almost certainly already 51 votes for comprehensive background checks isn’t considered particularly distressing or embarrassing. (Negotiations previously seemed on the verge of collapse because no agreement could be brokered between Chuck Schumer, a senator representing 19.5 million people, and Tom Coburn, a senator representing 3.8 million people.) A supermajority must be courted if the senators representing the will of the regular majority of Americans hope to get their way.

There is a villain in the easy narrative, too: Extremists! Specifically, Rand Paul and a band of conservatives, who have promised to filibuster. Oddly, despite most senators — especially Republican senators — agreeing that filibusters are a Cherished Senate Tradition, this promise has received a bit of criticism.

John McCain said yesterday that he doesn’t understand a threat to filibuster any gun control legislation that comes up for a vote. While many of us don’t understand why John McCain, a senator with no leadership position or major national following, is constantly on Sunday news chat shows, we can perhaps help him to figure out what this filibuster thing is about.

Here’s what McCain said on CBS’ “Face the Nation”:

“I don’t understand it. The purpose of the United States Senate is to debate and to vote and to let the people know where we stand.”

Well. That’s certainly one way of looking at the purpose of the United States Senate, though it’s not a very popular interpretation among senators themselves.

McCain is one of the few senators who can boast of having defeated attempts to kill the filibuster twice, once when he was a member of the 2005 “Gang of 14″ that preserved the filibuster while also allowing for the confirmation of a number of Bush judges, and once at the beginning of this year, when the effectively meaningless “filibuster reform” proposal he crafted with Carl Levin became the apparent blueprint of the “compromise” Harry Reid agreed to in January. The compromise preserved — strengthened, probably — the 60 vote threshold that now subjects all senate business to the approval of the minority party and, often, the whims of the biggest cranks in that party. McCain then joined the filibuster of Caitlin Halligan, whom President Obama had nominated to the Court of Appeals for the District of Columbia Circuit. Her nomination was withdrawn, and the court remains free of Democratic appointees. Before this, McCain filibustered Obama’s Ninth Circuit Court of Appeals nominee Goodwin Liu. McCain also filibustered Chuck Hagel, a filibuster done primarily to set the precedent that Republicans can filibuster even Defense Secretary nominees, and he filibustered Richard Cordray, Obama’s choice to head an agency Republicans are hoping to filibuster into nonexistence or irrelevance. Those aren’t the showy, talky sorts of filibusters, though, so they do not offend McCain’s sense of decency, like Rand Paul does when he speaks to the chamber instead of quietly voting “no” on cloture motions.

But if the purpose of the senate is to debate and to vote, and filibusters interfere with that purpose, McCain has a bit of explaining to do. (Maybe he will explain next Sunday on one of those awful shows. If someone bothers to ask him about it.)

Still, it is easy to figure out why Rand Paul and Ted Cruz and various nonentities who wish to be associated with Rand Paul and Ted Cruz have preemptively promised to filibuster any gun control legislation: Because people like John McCain have worked quite hard to protect their rights to halt any legislation they please whenever they want for any reason. People like John McCain have done everything they could to make an already undemocratic body even more undemocratic, because doing so helps people like John McCain pretend they are power-brokers and statesmen instead of members of organized political parties representing various interests, elected by people who assume that the party label next to the name is a reliable indicator of how that person will vote once in office.

Senators aren’t the only people committed to the ideal of a Senate full of independent, moderate mavericks. Bad pundits basically eat that shit up. And on the subject of What is Wrong With the Senate, bad pundit Chris Cillizza has written the most inane political column in the history of political columns. It is utterly ahistorical, full of lazy banalities, wholly devoid of insight and it could’ve been written at any point in the last twenty years. If IBM told the development team behind Watson to build an AI capable of writing centrist political analysis columns, that machine would almost certainly write a more interesting and informative column than this one.

This is the dullest imitation Broderism — things used to be better, when grand old moderate men who respected other grand old moderate men ran everything, before the damned liberals and conservatives showed up — I can recall reading in some time. So, the Senate sucks now, because it is more like the House, apparently. (The House of Representatives is America’s more democratic legislative body — though it still grants more power to rural than urban areas — and Beltway elite types hate it because it is loud and full of idiots, like America.)

Things were better before!

The Senate was once regarded as the home of the great political orators of the time — not to mention the body where true dealmaking actually took place. Its members prided themselves on their cool approach to legislating, in contrast with the more brawling nature of the House. Senators, generally, liked one another — no matter their party — and weren’t afraid to show it, either personally or politically.

For years, the Senate was also known as where civil rights and anti-lynching bills go to die, because some of those great political orators devoted their oratory to protecting white supremacy, backed up by violence, at any cost. Many of those racists were much-liked by their fellow senators, of course.

Then we get to the examples, to prove that things are bad now. First, there is now too much “partisanship,” which means party discipline. This happened in part because Republicans became much more disciplined, but also because after the Civil Rights Era conservatives became Republicans and liberals (and moderates) became Democrats, leaving fewer — and then no — random outlier liberal Republicans and conservative Democrats to grant meaningless “bipartisan” approval to liberal and conservative measures.

Second, the filibuster, sort of:

Then, the blockading. As The Post’s Juliet Eilperin noted in a Fix post last week, there are currently 15 judges nominated by President Obama awaiting votes by the full Senate. Thirteen of the 15 — or roughly 87 percent — of those nominees were approved unanimously by the Senate Judiciary Committee. And even those who get votes often have to wait forever for them. On March 11, for example, the Senate confirmed Richard Taranto for the U.S. Court of Appeals for the Federal Circuit by a vote of 91 to 0, 484 days after the president nominated him — and he’s far from the only example of that trend.

Did you notice that Cillizza forgot to say “filibuster” in that paragraph?

Finally, the only point Cillizza actually cares about, “the nastiness.” Cillizza says the problem is that so many senators now come from the House, though he is forced to acknowledge that the nastiest new senators — Ted Cruz, Rand Paul and Mike Lee — did not come from the House.

Look, here are a bunch of charts about polarization that Cillizza could’ve checked out before he wrote this column in ten minutes. He might’ve learned some stuff! Like that the moderation of the post-war period was actually a weird anomaly. American politics have been otherwise highly polarized since the early days of the Republic. Cillizza also could’ve read this big Adam Liptak piece in the New York Times about the antidemocratic effect of the Senate’s inherent small-state bias and how the normalization of the filibuster has only made the problem worse. He could’ve checked out this editorial in his own newspaper, by Thomas Mann and Norm Ornstein, pointing out that the “polarization” problem is primarily a problem of Republicans getting much, much more conservative.

These are all points that anyone who has been reading blogs and articles by any number of prominent historians and political scientists (and random smart bloggers!) over the last few years is already familiar with. Cillizza, obviously, has not been reading any political scientists or historians. He has maybe never read anything by any political scientists or historians? He has maybe only been watching Chuck Todd on MSNBC?

If gun control ends up failing, I guarantee that people like Cillizza will continue to long for the days of Civility and Moderation, and the role “moderates” play in enabling extremists will likely only be mentioned by left-wing blogger cranks whom no one takes seriously.

 

By: Alex Pareene, Salon, April 8, 2013

April 9, 2013 Posted by | Gun Control, Senate | , , , , , , , | Leave a comment

“Good Cop, Bad Cop”: Conservative Think Tanks’ Responses To Default Is Another Reason To Kill The Debt Ceiling

House Republicans are looking to weaponize the debt ceiling again, while the Obama administration is trying to make removing the threat of default part of any agreement.

Here’s one reason why the debt ceiling needs to go: the conservative intellectual infrastructure cheered on a potential default. I had imagined that there would be a good cop/bad cop dynamic to the right. Very conservative political leaders would be the bad cop, saying that they weren’t afraid to default on the debt, while conservative think tanks would play a version of the good cop, warning of the dire consequences of a default for the economy if their bad cop friend didn’t get his way.

For instance, here’s bad cop Sen. Pat Toomey (R-PA) saying that the markets “would actually accept even a delay in interest payments on the Treasuries,” especially “if it meant that Congress would right this ship, address this fiscal imbalance, and put us on a sustainable path, and that the bond market would rally if it saw we were making real progress towards this.” Missing interest payments is fine; in fact, it is great for the country if it is used to pass the Ryan Plan.

Financial analysts, to put it mildly, disagreed. JP Morgan analysts wrote that “any delay in making a coupon or principal payment by Treasury would almost certainly have large systemic effects with long-term adverse consequences for Treasury finances and the US economy.”

Here’s where the think tanks are fascinating. You could imagine them saying “our partner Toomey is nuts, we can’t control him, and you’d better do what he says or there’s going to be real damage.” But that’s not what they did. It’s best to split the work they did on the debt ceiling in two directions:

1. Technical Default Ain’t No Thang. The first is arguing, like Toomey, that a “technical default” wouldn’t matter, and in fact it could be a great thing if the Ryan Plan passed as a result. How did James Pethokoukis, then of Fortune and now of AEI, deal with a Moody’s report arguing a “short-lived default” would hurt the economy? Pethokoukis: ”I guess I would care more about what Moody’s had to say if a) they hadn’t missed the whole financial crisis, b) didn’t want to see higher taxes as part of any fiscal fix and c) if they made any economic sense.” Default doesn’t matter because Pethokoukis doesn’t want taxes to go up, and there’s no economic sense because of an interview he read in the Wall Street Journal.

Others went even further, arguing that the real defaulters are those who, um, don’t want to default on the debt. Here’s the conservative think tank e21 with a staff editorial arguing that ”policymakers need to stay focused on the real default issue: whether the terms of the debt limit increase this summer will be sufficiently tough to ensure that the nation’s debt-to-GDP ratio is stabilized and eventually sharply reduced.” All these people who want a clean debt ceiling increase are causing the real default issue. As someone who used to do a lot of credit risk modeling, this is my favorite: “Indeed, those demanding the toughest concessions today actually have a strong pro-creditor bias.” S&P disagreed with whoever wrote that editorial and increased the credit risk (downgraded) based on the threat of this technical default.

The Heritage Foundation wrote a white paper saying that you could just “hold the debt limit in place, thereby forcing an immediate reduction in non-interest spending averaging about $125 billion each month,” and that “refusing to raise the debt limit would not, in and of itself, cause the United States to default on its public debt.” Dana Milbank noted that these kinds of shuffling plans would still leave the government short and likely cause a recession. Milbank: ”Without borrowing, we’d have to cut Obama’s budget for 2012 by $1.5 trillion. That means even if we shut down the military and stopped writing Social Security checks, the government would still come up about $200 billion short.” The Cato Institute also jumped in with the technical default crowd here.

But that was the reaction from the number-crunching analysts. What about the bosses?

2. Civilization Hangs in the Balance of the Debt Ceiling Fight. Here’s the president of AEI, Arthur C. Brooks, in July 2011: “The battle over the debt ceiling…is not a political fight between Republicans and Democrats; it is a fight against 50-year trends toward statism…No one deserves our political support today unless he or she is willing to work for as long as it takes to win the moral fight to steer our nation back toward enterprise and self-governance.”

Even better, the president of The Heritage Foundation, also in July 2011, compares Democrats to Japan during World War II and then argues: ”We must win this fight. The debate over raising the debt limit seems complicated, but it is really very simple. Look beyond the myriad details of the awkward compromises, and you see an epic struggle between two opposing camps….Congress should not raise the debt limit without getting spending under control.”

So the the conservative intellectual infrastructure, which consumes hundreds of millions of dollars a year, looked at the possibility of a debt default and determined it was both inconsequential and also the only way to stop statism in our lifetimes. No wonder the time period around the debt ceiling in 2011 was such a disaster for our economy, killing around 250,000 jobs that should have been created. There’s no reason to assume all the same players won’t play an even worse cop this time around.

There’s no good reason for the debt ceiling, and now there are really bad consequences for its existence. Time to end it.

 

By: Mike Konczal, The National Memo, December 6, 2012

December 7, 2012 Posted by | Politics | , , , , , , , , | 2 Comments

“You Don’t Need To Know Anything Else”: It’s Okay If You’re Mitt Romney

Mitt Romney, blaming Rick Santorum for the passage of Obamacare because Santorum endorsed Arlen Specter over Pat Toomey (Feb. 22, 2012):

The reason we have Obama Care — the reason we have Obama Care is because the Senator you supported over Pat Toomey in Pennsylvania, Arlen Specter, the pro- choice Senator of Pennsylvania that you supported and endorsed in a race over Pat Toomey, he voted for Obama Care. If you had not supported him, if we had said, no to Arlen Specter, we would not have Obama Care. So don’t look at me. Take a look in the mirror.

Despite the ridiculousness of that argument (and it is especially ludicrous given Romney’s own failure to support Toomey), the next day Mitt Romney kept up the attack, this time slamming Santorum for having supported Specter’s 1996 presidential bid:

“There was also in 1996 when he supported Arlen Specter . . . He supported the pro-choice candidate, Arlen Specter,” Romney said, against a pro-life candidate, Bob Dole. “This taking one for the team, that’s business as usual in Washington.”

And on Monday, Romney’s campaign once again leveled the same attack on Rick Santorum, questioning his conservative credentials for having supported the moderate Specter.

Santorum says he endorsed Specter out of friendship because Specter was a colleague from Pennsylvania. And as HuffPost’s Sam Stein reminds us, that’s the same defense offered by Mitt Romney for his own support of Democrats:

“I don’t think they’re mortal sins for Republicans to make contributions to good people and to their friends, irrespective of their party,” he told reporters upon announcing his Senate bid, according to a February 3, 1994 Boston Herald article.”I place my friendship above politics. I have not been intent on plotting a political resume,” he declared elsewhere, according to a Boston Globe report from the day before.

The difference between what Romney was doing and what Santorum was doing is that Santorum was supporting a Republican while Romney was supporting a Democrat. Which brings us to a new acronym: IOKIYAMR. It’s okay if you are Mitt Romney, the concept that no matter what you do, it’s wrong … unless you are Mitt Romney.

So if you support a guy who later becomes a Democrat, it’s terrible, but if you support a Democrat, it’s okay, because IOKIYAMR.

If your name is Barack Obama and you sign into law health care reform plan that includes health care exchanges and an individual mandate, you’re an America-hating socialist, but if you do the exact same thing in Massachusetts and then support it at the federal level, it’s okay, because IOKIYAMR.

It’s the same reason that President Obama’s Iran policy is wrong (even though Mitt Romney shares the key substantive points) and it’s the same reason President Obama’s stimulus plan was bad (even though Mitt Romney called for a similar one). It’s the same reason it was wrong to vote for Rick Santorum in Michigan if you were a Democrat to screw with Republicans even though Mitt Romney voted across party lines in Massachusetts to screw with Democrats. If you’re Mitt Romney’s opponent, whatever you did was wrong, and whatever he did was right. IOKIYAMR. You don’t need to know anything else.

 

By: Jed Lewison, Daily Kos, March 20, 2012

March 21, 2012 Posted by | Election 2012, GOP Presidential Candidates | , , , , , , , | 1 Comment