Republican Rule.
Issue:
Born with the principle of majority rule of government with respect for minority rights, the United States government today is struggling to rule - or operate - at all, consistently stymied by Congressional gridlock to the detriment of the nation. The historically low productivity of the current and previous two Congresses are testament to this abrogation of Congressional responsibility to the country - and have now brought us a frozen legislative branch and a government that is barely operating.
As a result our government is failing to keep up with its obligations to its citizens as protector, provider and mediator. It is operating far outside its role as a democratic state: our grand experiment as a citizen democracy based on the rule of law, compromise, and majority rule with respect for minority rights is eroded by a Congress that incessantly battles with itself and the President, rather than collaborate through negotiation and compromise for the benefit of citizens.
Now the Republican Party is waging an extreme war on the democratic process - it has shut down our government and may yet cause it to default on its debt, moves which are dealing a devastating blow to our already weak economy and which are ripping into the fabric of our society. The primary reason for this war? Republicans originally waged it to repeal the Affordable Care Act ("ACA"). What does that goal have to do with funding the government or raising the debt ceiling? Absolutely nothing, despite what they claim - but it was the only weapon the Republicans knew how to wield to press for their lost cause and they were willing to sacrifice the nation's strength and stability in the process. By the Columbus Day weekend the Republicans realized that their battle to defund the ACA would be unsuccessful - so they dropped that goal and have replaced it with a call to reduce government spending.
Deception:
The deception in this instance comes from both parties. The Republicans insist that they are only observing tradition in inhibiting action by their opposition in Congress and President Obama. The Democrats insist that Republican intransigence has left Democrats relatively powerless to effect change. All of this is deception.
Reality:
Make no mistake: the Republicans are responsible for this mess. The party originally claimed that their stubborn refusal to fund government operations was due to their failure - three long years ago - to block the ACA legislation. Now that the party leadership has dropped this goal in favor of instead reducing government spending it has become painfully obvious that the Republican's real goal is to simply deal a blow, any blow, to President Obama, by holding the funding, operation and financial credibility of the U.S. hostage to their inability to prevail legislatively over the President and his party.
The U.S. legislative process is designed, however, to operate on negotiation and compromise, not threats of government shutdown and default. Yet the Republicans in Congress, their special interest groups, their lobbyists and much of their party membership are staking the future of our nation on one singular threat: they must have their way through corruption of our government or we will lose our government. This is extortion. It is not democracy.
Given this primitive approach to governance, kindergarten teaches better lessons on running a civil society than does Congress. Learning to "get along" is the basis of civilization, the understanding that we all benefit by collaborating to build a better society. Congress, with its legislative processes designed to promote negotiation and compromise among the disparate interests of society, should stand as a shining example of such collaboration.
Though Congress historically works this way, at least after a fashion, today's Congress is hardly working at all. Why? Since the dawn of the 111th Congress at the start of the Obama Presidency in 2009, the Republican party has chosen the path of greatest resistance in its dealings with the Democratic party. Lacking the representation in Congress and the Presidency to run the country on their terms, Republicans have set a new low for stonewalling legislation and for inhibiting effective governance of the United States, placing the past several U.S. Congresses among the most unproductive and partisan of any in our nation's history. Are they unique in this approach? No, but they are pursuing it with a rabid zeal that is unprecedented and especially destructive.
Republican Assault in the 111th:
Republican efforts to stymie the Democrats began with desperate measures in the 111th Congress (2009-2010) in which the Republicans had full minority status. Thier obstruction met full flower in the 112th Congress (2011-2012) as the Republicans took back the House and increasingly refused to work with the Senate or the President, resulting in the most polarized, ineffectual and unpopular Congress since Civil War Reconstruction (the late 1860s). Their obstructive approach has continued into the 113th Congress (2013) inflicting incredible damage on the country.
How is this approach damaging the country? Republicans have repeatedly and incessantly attempted to block, by use of the filibuster, an out-dated and destructive Senate rule not required by the U.S. Constitution but increasingly used to prevent votes not only on legislation but on nominations for judicial appointments and heads of government agencies as well (see Endbar below). The damage done to progress in the U.S. is considerable as this slash-and-burn approach to the political landscape often means that nothing gets accomplished at all. Routine use of the filibuster - or threat of filibuster - is the modus operandi for a party that holds neither the Presidency nor the Senate but is too self-interested to allow the Congressional system to work as designed. The filibuster is an out-dated and destructive rule, but never so much as when it is used to circumvent normal legislative processes.
This practice has become such a predictable and onerous hurdle to Congressional action that the media dismisses the chance of passage for most legislation in the Senate if it lacks the 60 votes necessary to stop a filibuster - not the simple majority (51 votes in the full Senate, or a majority of those voting) required by the U.S. Constitution for passing legislation. This is not a situation intended by the nation's founders and is not a desirable threshold of votes required for ruling a democracy.
Republicans are of the mind, unfortunately, that government is our enemy, and that no government or "bare-bones" government is better than government with any policies contrary to their positions. Incidentally, many of them openly admit to this - and it is the clear message they are sending with their shutdown of our government. Yes, the concept of no government or drastically diminished government is folly because civil society requires government (see Big Government) but the Republican Party, in its approach to the political process since at least the Reagan Administration, has shown that too many of its members believe in government only on their terms.
Republican Assault in the 112th and 113th:
With the dawn of the 112th Congress and Republican control of the House of Representatives, the party no longer needed to rely on just the filibuster to stymie Congressional action; they could also use the House to place a hammerlock on Democratic initiatives in both houses of Congress by way of uncompromising adherence to their party's positions, marching in complete lockstep with no intra-party dissension allowed and an adamant refusal to compromise with Democrats.
The Republicans in both houses of Congress have regularly voted in this lockstep fashion in recent decades regardless of the wisdom or value of Democratic legislation and without sincere efforts at compromise, a phenomenon rarely witnessed in the U.S. and a tactic not typically practiced to this degree by Democrats or other parties during our nation's past. This makes the passage of legislation, if it happens at all, a one-party effort and negates the value of compromise. This highly partisan approach is seldom in the best interests of the nation, particularly when the two houses of Congress are of different parties, virtually assuring deadlock on most legislation, nominations and appointments.
As well, in using the lockstep approach to voting, House Republicans put a hammerlock on their own few initiatives by generally refusing to negotiate with the Democratic Senate. Yes, it is the prerogative of any party to refuse negotiation or compromise but it is unwise and dangerous when used for routine rejection of of these constitutional necessities for effective governance.
You can primarily thank the Republicans for a host of problems as a result of their unwillingness to commit to effective compromise, starting with the sequestration of federal funds that has seen random children kicked out of Head Start, unpaid furlough days for our nation's military employees, reduced unemployment benefits at a time when millions of jobs have been lost to a bad economy, reduced meals to those in need, reduced payments to those providing necessary medical care etc.
You can also thank them for the many unapproved judicial nominees - which results in unjust delays in the administration of justice - and for the reduced effectiveness of government departments as a result of withholding votes on department heads. You can thank them as well for the pathetically low amount of productive legislation in the 112th and 113th Congresses. It is an appalling situation that history will judge to be some very dark days for our republic.
Admittedly, you can thank them for restoring funding to airport control towers because that was a cut that had made their travel a little less convenient, though not less safe. At least one issue is bi-partisan in Congress. As of the First of October, 2013, you can thank the Republican for shutting down our government, the fulfillment of the dreams of the most extreme elements of their party, including their Speaker John Boehner.
Democratic Assault:
The Democrats, meanwhile, fail miserably in their effort to counteract the Republican assault on the democratic process. The Democrats would have us believe that they are rendered helpless by Republican noncooperation but this is not true. The Democrats have choices but seem loathe to exercise them.
First, the Democrats have neglected their opportunity to remove the threat of the filibuster. Over-stated as "the nuclear option", this involves changing Senate rules to end the use of the filibuster or - at the very least - restore it to its earlier, more restrictive use, an action the Senate ruling party can take on its own. The Democrats refuse to do so and have thereby dug themselves a legislative grave, have dug another for the President and one mass grave for the rest of us for the duration of the Obama Presidency.
Why would the Democrats not choose to eliminate the filibuster? Out of respect for the institution, they claim, while clearly failing to respect the Constitution's assignment of legislative advantage to the majority party and its constituents. The Democrats say they will need the filibuster to check Republican power should the day come that the Republicans retake Congress and the Presidency, but this is folly because the Democrats are not as quick or eager to make use of the filibuster as are their Republican comrades across the aisle. Regardless, the filibuster is an antiquated rule that does not serve any of us well. The House recognized this long ago, eliminating their own filibuster provision in 1842 - 171 years ago - yet the Senate clings stubbornly to its archaic past.
Beyond the filibuster the Democrats have failed to make their case again and again to the country on a wide range of issues and in this way fail to make full and effective use of their power. It is not that they lack a case, they only lack the passion, argument and often the unity necessary to define and advance it. Their failure to speak clearly and with conviction to voters and their failure to adhere to a consistent and principled agenda leaves the public without clear choice in leadership, leaving the Republicans plenty of room to rule the roost by preventing action on critical issues - such as our inequitable tax system, the need for true health insurance reform by way of a universal single-payer system, the desperate need for food stamps instead of corporate farm subsidies or obscene war budgets, the unprecedented and undemocratic violations of citizen privacy by the intelligence community, and military interventions in foreign lands.
The absence of unity within the Democratic Party is not wholly a bad thing - especially as we see the damage wrought by blind unity to party on the part of Republicans - but inhibits the party's power against an intractable opposition. This fractious nature of the party is thanks largely to the party's inclusionary, or "big tent" approach which makes common ground harder to hold. Yet it puts the Democrats at a disadvantage when the Republican Party's "small tent" approach allows for a very narrow and tightly aligned membership that makes blind unity to a common cause possible, regardless of its extremism. A small tent does not represent the broad interests of our republic, unfortunately - it is what you get when you write off 47% of the population as worthless and lose another sizable chunk of the remaining 53% because they object to your policies. But what it lacks in popular support it gains in big money and narrow control.
While the Republicans spare no effort to make their positions clear and to denigrate the Democrats, the Democrats remain weak and absent in the debates of the day. President Obama's success in the 2008 election was due in large part to his oratory skills, his ability to clearly define and explain fundamental principles and issues of deep relevance to the majority of U.S. citizens. He was, unfortunately, one of the few Democrats to take advantage of his position of visibility and power to affect public policy. Regrettably, he soon neglected that skill and few in his party picked up on the responsibility.
As well, the Democrats have all but abandoned many of their long-held and highly cherished positions that gave support to civil liberties, support to diplomacy over war and support to the disadvantaged over the interests of corporations. Their failure to define, support and advance a truly effective, fair and affordable health insurance plan is symptomatic of their lack of commitment to clear and principled policy. This makes it difficult for independents and the party membership to understand or support the party.
Unfortunately, and as if to add insult to injury and as the Democrats have becoming increasingly beholden to corporate and institutional money, the party's representation in Congress is increasingly composed of lawyers, wealthy citizens and the well-connected who lack comprehension of, and compassion for, their party's base - party leadership demographics traditionally associated with Republicans. The party has become less robust in its concern for the middle class, the working class, the environment and social justice. It is increasingly supportive of military intervention as a foreign policy tool and has rolled over for the intelligence community, allowing them unfettered access to our private lives. While it has made some progress on reigning in a few excesses of the financial industry it has continued to allow it far too much latitude in exploiting the financial wealth of the nation and the financial straights of citizens. The Democratic Party, oddly enough, has become more Republican - while the Republican Party has become more extreme.
Finally, the Republicans are not alone in their abuse of the legislative process - Democrats have regularly abused many of the same tactics as Republicans, including the filibuster and blind allegiance to party leadership and special interest groups. Yet the Republicans stand alone in their enthusiastic embrace of tactics that lead not to smart and strong challenges to Democratic power but to political paralysis for Congress, for the Executive branch and worst of all, for each and every one of us.
A Nation Paralyzed:
One only need look to the unprecedented number of legislative bills, judicial nominees and presidential appointments the Republicans have prevented from coming to a vote during the Obama Presidency - or to their insistence on holding the nation's funding and continued operation hostage to their unyielding efforts to defund or destroy existing government programs not to their liking - to witness the terrific problem the Republican Party has created in our country.
The obstruction of the Affordable Care Act is a particularly egregious example of Republican tactics. Passed by a Democratic Congress and signed by a Democratic president - and validated by the U.S. Supreme Court - the ACA has subsequently seen 42 - forty-two - voting attempts in the Republican-controlled House of Representatives to repeal this legislation. In addition to being an utter waste of House time - a repeal bill will not pass the current Senate or be signed by our current president - this repeated effort at undoing a major legislative act has stalled legislation on other pressing issues such as immigration, energy efficiancy and government funding and makes a mockery of our constitutional government. If the Republicans wanted a symbolic vote, one vote would do. Forty-two is sheer folly and aptly demonstrates the depths of Republican hostility to the democratic process.
Having failed more than forty times to repeal the ACA, the Republicans have shut down the federal government. Such an attempt is a corruption of our democratic process in the same way that the practice of attaching unrelated amendments and riders to legislation removes Congressional responsibility for its actions. Votes on the U.S. debt limit and continued government funding, critical to maintaining our economic health and worldwide credit ratings (and respect), should not be held hostage to partisan passion for passage or repeal of other government legislation because to do so amounts to extortion of the U.S. public, regardless of previous use of these votes to shut down our government. It is an odd and unfortunate approach for a party that loves to wave the red, white and blue and positions itself as the true representation of U.S. values.
Is the ACA good legislation? No, it is deeply flawed and will require major modification in the coming months and years if it is to come close to providing the promise of affordable, fair and uncomplicated health insurance for all citizens. Regardless, it is a first step toward replacing the disaster of our previous insurance system. Yet any attempt to repeal or revise the ACA must be conducted apart from efforts to keep the government running and the nation's credit intact. To use the ACA or any legislation as a bargaining chip in maintaining a functioning government is beyond wrong. It is undemocratic and it is criminal in its cost to citizens and society.
Politics as a Dangerous Sport:
Many in Washington and the media consider these un-democratic shenanigans as sport. It makes for great politics, great news, great entertainment. The Republicans, playing the role of selfish sadist, take obvious glee in preventing not only action on Democratic legislation and appointments but in vastly reducing the ability of government to provide for its people, causing havoc and despair for not only the needy but the working class, businesses, the military and 50 state governments. The Democrats, playing the role of submissive masochist, wander around Washington bemoaning in plaintive tones the sorry situation the Republicans have created for them. Meanwhile the populace suffers hard.
There was a time when Republican and Democratic Congress members operated in similar fashion, that of somewhat responsible representatives. They worked in the interest of their constituents while working to compromise with the opposition on issues of national importance, as everyone knew their turn at power would eventually come - and with it the need for a willingness by the opposition to negotiate and compromise. Members often thought and acted independently of their party yet with respect to their party leadership and party platform but understood that differences and debate can be had within one's own party as well as with the opposition.
Consider the typical party convention. Throughout much of our history and into the 1970s, party conventions were raucous affairs in which party policy was openly and hotly debated on the convention floor for all the world to witness. Today, unfortunately, party conventions are slickly choreographed affairs stripped of any internal debate or opportunity for change. Both parties are suffering from member unwillingness to speak and act independently and in the interest of their constituents - but the Republicans have turned it into a religion.
Party has always been fundamental to our politics but has not typically ruled all. Not until the Republican party lost its center and found its more moderate members leaving in disgust - or emasculated or defeated by either their own party leadership or Republican special-interest groups - and allowed itself to be intimidated by the most rabidly selfish elements of the party, particularly the "Tea Party" contingent. Add to that the Republican predilection for signing oaths or submitting to litmus tests - pledging iron-clad adherence to rigid party orthodoxy and equally rigid party policy regardless of their value or validity or embrace by constituents - and it is obvious that the party operates as an autocracy, not a democracy.
Much as the Democrats have allowed themselves to be trapped by Republican intransigence, the Republicans have become trapped by their fear of the "Tea Party", a Trojan Horse within their own party that promises to deliver the electorate but delivers only misery and despair to the nation. The "Tea Party" does not believe in pluralism, democracy or civil society. It openly advocates for the destruction of much of our government. It is a corruption of the movement behind the famous Boston Tea Party of 1773, an event which protested taxation of citizens without government representation. Today's "Tea Party" believes not in representation but in their own despotic control of our government. They don't believe in taxation without representation, of course; but neither do they believe in taxation or representation except on their terms and their terms alone. Needless to say, this is contrary to democratic government.
Resolution:
Regardless of your politics, your beliefs, your dreams for the United States, this issue is not about ideaology or party identity, it is about governance. It is about the constitutional structure of our government that has historically allowed for progress within a nation of disparate interests and views. It is about respect for the institutions and processes that have allowed us to have a powerful and effective government that can serve us all, one in which we can all play a role. It is about compromise, not rigid and unforgiving adherence to tight and myopic party policy.
Our government is being neutered by Congress and we are losing some of our country's best aspects to the rising Republican hostility for constitutional processes and government itself, and to the Democratic abdication of their responsibility to fight this toxic tide.
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Related Essays:
Born with the principle of majority rule of government with respect for minority rights, the United States government today is struggling to rule - or operate - at all, consistently stymied by Congressional gridlock to the detriment of the nation. The historically low productivity of the current and previous two Congresses are testament to this abrogation of Congressional responsibility to the country - and have now brought us a frozen legislative branch and a government that is barely operating.
As a result our government is failing to keep up with its obligations to its citizens as protector, provider and mediator. It is operating far outside its role as a democratic state: our grand experiment as a citizen democracy based on the rule of law, compromise, and majority rule with respect for minority rights is eroded by a Congress that incessantly battles with itself and the President, rather than collaborate through negotiation and compromise for the benefit of citizens.
Now the Republican Party is waging an extreme war on the democratic process - it has shut down our government and may yet cause it to default on its debt, moves which are dealing a devastating blow to our already weak economy and which are ripping into the fabric of our society. The primary reason for this war? Republicans originally waged it to repeal the Affordable Care Act ("ACA"). What does that goal have to do with funding the government or raising the debt ceiling? Absolutely nothing, despite what they claim - but it was the only weapon the Republicans knew how to wield to press for their lost cause and they were willing to sacrifice the nation's strength and stability in the process. By the Columbus Day weekend the Republicans realized that their battle to defund the ACA would be unsuccessful - so they dropped that goal and have replaced it with a call to reduce government spending.
Deception:
The deception in this instance comes from both parties. The Republicans insist that they are only observing tradition in inhibiting action by their opposition in Congress and President Obama. The Democrats insist that Republican intransigence has left Democrats relatively powerless to effect change. All of this is deception.
Reality:
Make no mistake: the Republicans are responsible for this mess. The party originally claimed that their stubborn refusal to fund government operations was due to their failure - three long years ago - to block the ACA legislation. Now that the party leadership has dropped this goal in favor of instead reducing government spending it has become painfully obvious that the Republican's real goal is to simply deal a blow, any blow, to President Obama, by holding the funding, operation and financial credibility of the U.S. hostage to their inability to prevail legislatively over the President and his party.
The U.S. legislative process is designed, however, to operate on negotiation and compromise, not threats of government shutdown and default. Yet the Republicans in Congress, their special interest groups, their lobbyists and much of their party membership are staking the future of our nation on one singular threat: they must have their way through corruption of our government or we will lose our government. This is extortion. It is not democracy.
Given this primitive approach to governance, kindergarten teaches better lessons on running a civil society than does Congress. Learning to "get along" is the basis of civilization, the understanding that we all benefit by collaborating to build a better society. Congress, with its legislative processes designed to promote negotiation and compromise among the disparate interests of society, should stand as a shining example of such collaboration.
Though Congress historically works this way, at least after a fashion, today's Congress is hardly working at all. Why? Since the dawn of the 111th Congress at the start of the Obama Presidency in 2009, the Republican party has chosen the path of greatest resistance in its dealings with the Democratic party. Lacking the representation in Congress and the Presidency to run the country on their terms, Republicans have set a new low for stonewalling legislation and for inhibiting effective governance of the United States, placing the past several U.S. Congresses among the most unproductive and partisan of any in our nation's history. Are they unique in this approach? No, but they are pursuing it with a rabid zeal that is unprecedented and especially destructive.
Republican Assault in the 111th:
Republican efforts to stymie the Democrats began with desperate measures in the 111th Congress (2009-2010) in which the Republicans had full minority status. Thier obstruction met full flower in the 112th Congress (2011-2012) as the Republicans took back the House and increasingly refused to work with the Senate or the President, resulting in the most polarized, ineffectual and unpopular Congress since Civil War Reconstruction (the late 1860s). Their obstructive approach has continued into the 113th Congress (2013) inflicting incredible damage on the country.
How is this approach damaging the country? Republicans have repeatedly and incessantly attempted to block, by use of the filibuster, an out-dated and destructive Senate rule not required by the U.S. Constitution but increasingly used to prevent votes not only on legislation but on nominations for judicial appointments and heads of government agencies as well (see Endbar below). The damage done to progress in the U.S. is considerable as this slash-and-burn approach to the political landscape often means that nothing gets accomplished at all. Routine use of the filibuster - or threat of filibuster - is the modus operandi for a party that holds neither the Presidency nor the Senate but is too self-interested to allow the Congressional system to work as designed. The filibuster is an out-dated and destructive rule, but never so much as when it is used to circumvent normal legislative processes.
This practice has become such a predictable and onerous hurdle to Congressional action that the media dismisses the chance of passage for most legislation in the Senate if it lacks the 60 votes necessary to stop a filibuster - not the simple majority (51 votes in the full Senate, or a majority of those voting) required by the U.S. Constitution for passing legislation. This is not a situation intended by the nation's founders and is not a desirable threshold of votes required for ruling a democracy.
Republicans are of the mind, unfortunately, that government is our enemy, and that no government or "bare-bones" government is better than government with any policies contrary to their positions. Incidentally, many of them openly admit to this - and it is the clear message they are sending with their shutdown of our government. Yes, the concept of no government or drastically diminished government is folly because civil society requires government (see Big Government) but the Republican Party, in its approach to the political process since at least the Reagan Administration, has shown that too many of its members believe in government only on their terms.
Republican Assault in the 112th and 113th:
With the dawn of the 112th Congress and Republican control of the House of Representatives, the party no longer needed to rely on just the filibuster to stymie Congressional action; they could also use the House to place a hammerlock on Democratic initiatives in both houses of Congress by way of uncompromising adherence to their party's positions, marching in complete lockstep with no intra-party dissension allowed and an adamant refusal to compromise with Democrats.
The Republicans in both houses of Congress have regularly voted in this lockstep fashion in recent decades regardless of the wisdom or value of Democratic legislation and without sincere efforts at compromise, a phenomenon rarely witnessed in the U.S. and a tactic not typically practiced to this degree by Democrats or other parties during our nation's past. This makes the passage of legislation, if it happens at all, a one-party effort and negates the value of compromise. This highly partisan approach is seldom in the best interests of the nation, particularly when the two houses of Congress are of different parties, virtually assuring deadlock on most legislation, nominations and appointments.
As well, in using the lockstep approach to voting, House Republicans put a hammerlock on their own few initiatives by generally refusing to negotiate with the Democratic Senate. Yes, it is the prerogative of any party to refuse negotiation or compromise but it is unwise and dangerous when used for routine rejection of of these constitutional necessities for effective governance.
You can primarily thank the Republicans for a host of problems as a result of their unwillingness to commit to effective compromise, starting with the sequestration of federal funds that has seen random children kicked out of Head Start, unpaid furlough days for our nation's military employees, reduced unemployment benefits at a time when millions of jobs have been lost to a bad economy, reduced meals to those in need, reduced payments to those providing necessary medical care etc.
You can also thank them for the many unapproved judicial nominees - which results in unjust delays in the administration of justice - and for the reduced effectiveness of government departments as a result of withholding votes on department heads. You can thank them as well for the pathetically low amount of productive legislation in the 112th and 113th Congresses. It is an appalling situation that history will judge to be some very dark days for our republic.
Admittedly, you can thank them for restoring funding to airport control towers because that was a cut that had made their travel a little less convenient, though not less safe. At least one issue is bi-partisan in Congress. As of the First of October, 2013, you can thank the Republican for shutting down our government, the fulfillment of the dreams of the most extreme elements of their party, including their Speaker John Boehner.
Democratic Assault:
The Democrats, meanwhile, fail miserably in their effort to counteract the Republican assault on the democratic process. The Democrats would have us believe that they are rendered helpless by Republican noncooperation but this is not true. The Democrats have choices but seem loathe to exercise them.
First, the Democrats have neglected their opportunity to remove the threat of the filibuster. Over-stated as "the nuclear option", this involves changing Senate rules to end the use of the filibuster or - at the very least - restore it to its earlier, more restrictive use, an action the Senate ruling party can take on its own. The Democrats refuse to do so and have thereby dug themselves a legislative grave, have dug another for the President and one mass grave for the rest of us for the duration of the Obama Presidency.
Why would the Democrats not choose to eliminate the filibuster? Out of respect for the institution, they claim, while clearly failing to respect the Constitution's assignment of legislative advantage to the majority party and its constituents. The Democrats say they will need the filibuster to check Republican power should the day come that the Republicans retake Congress and the Presidency, but this is folly because the Democrats are not as quick or eager to make use of the filibuster as are their Republican comrades across the aisle. Regardless, the filibuster is an antiquated rule that does not serve any of us well. The House recognized this long ago, eliminating their own filibuster provision in 1842 - 171 years ago - yet the Senate clings stubbornly to its archaic past.
Beyond the filibuster the Democrats have failed to make their case again and again to the country on a wide range of issues and in this way fail to make full and effective use of their power. It is not that they lack a case, they only lack the passion, argument and often the unity necessary to define and advance it. Their failure to speak clearly and with conviction to voters and their failure to adhere to a consistent and principled agenda leaves the public without clear choice in leadership, leaving the Republicans plenty of room to rule the roost by preventing action on critical issues - such as our inequitable tax system, the need for true health insurance reform by way of a universal single-payer system, the desperate need for food stamps instead of corporate farm subsidies or obscene war budgets, the unprecedented and undemocratic violations of citizen privacy by the intelligence community, and military interventions in foreign lands.
The absence of unity within the Democratic Party is not wholly a bad thing - especially as we see the damage wrought by blind unity to party on the part of Republicans - but inhibits the party's power against an intractable opposition. This fractious nature of the party is thanks largely to the party's inclusionary, or "big tent" approach which makes common ground harder to hold. Yet it puts the Democrats at a disadvantage when the Republican Party's "small tent" approach allows for a very narrow and tightly aligned membership that makes blind unity to a common cause possible, regardless of its extremism. A small tent does not represent the broad interests of our republic, unfortunately - it is what you get when you write off 47% of the population as worthless and lose another sizable chunk of the remaining 53% because they object to your policies. But what it lacks in popular support it gains in big money and narrow control.
While the Republicans spare no effort to make their positions clear and to denigrate the Democrats, the Democrats remain weak and absent in the debates of the day. President Obama's success in the 2008 election was due in large part to his oratory skills, his ability to clearly define and explain fundamental principles and issues of deep relevance to the majority of U.S. citizens. He was, unfortunately, one of the few Democrats to take advantage of his position of visibility and power to affect public policy. Regrettably, he soon neglected that skill and few in his party picked up on the responsibility.
As well, the Democrats have all but abandoned many of their long-held and highly cherished positions that gave support to civil liberties, support to diplomacy over war and support to the disadvantaged over the interests of corporations. Their failure to define, support and advance a truly effective, fair and affordable health insurance plan is symptomatic of their lack of commitment to clear and principled policy. This makes it difficult for independents and the party membership to understand or support the party.
Unfortunately, and as if to add insult to injury and as the Democrats have becoming increasingly beholden to corporate and institutional money, the party's representation in Congress is increasingly composed of lawyers, wealthy citizens and the well-connected who lack comprehension of, and compassion for, their party's base - party leadership demographics traditionally associated with Republicans. The party has become less robust in its concern for the middle class, the working class, the environment and social justice. It is increasingly supportive of military intervention as a foreign policy tool and has rolled over for the intelligence community, allowing them unfettered access to our private lives. While it has made some progress on reigning in a few excesses of the financial industry it has continued to allow it far too much latitude in exploiting the financial wealth of the nation and the financial straights of citizens. The Democratic Party, oddly enough, has become more Republican - while the Republican Party has become more extreme.
Finally, the Republicans are not alone in their abuse of the legislative process - Democrats have regularly abused many of the same tactics as Republicans, including the filibuster and blind allegiance to party leadership and special interest groups. Yet the Republicans stand alone in their enthusiastic embrace of tactics that lead not to smart and strong challenges to Democratic power but to political paralysis for Congress, for the Executive branch and worst of all, for each and every one of us.
A Nation Paralyzed:
One only need look to the unprecedented number of legislative bills, judicial nominees and presidential appointments the Republicans have prevented from coming to a vote during the Obama Presidency - or to their insistence on holding the nation's funding and continued operation hostage to their unyielding efforts to defund or destroy existing government programs not to their liking - to witness the terrific problem the Republican Party has created in our country.
The obstruction of the Affordable Care Act is a particularly egregious example of Republican tactics. Passed by a Democratic Congress and signed by a Democratic president - and validated by the U.S. Supreme Court - the ACA has subsequently seen 42 - forty-two - voting attempts in the Republican-controlled House of Representatives to repeal this legislation. In addition to being an utter waste of House time - a repeal bill will not pass the current Senate or be signed by our current president - this repeated effort at undoing a major legislative act has stalled legislation on other pressing issues such as immigration, energy efficiancy and government funding and makes a mockery of our constitutional government. If the Republicans wanted a symbolic vote, one vote would do. Forty-two is sheer folly and aptly demonstrates the depths of Republican hostility to the democratic process.
Having failed more than forty times to repeal the ACA, the Republicans have shut down the federal government. Such an attempt is a corruption of our democratic process in the same way that the practice of attaching unrelated amendments and riders to legislation removes Congressional responsibility for its actions. Votes on the U.S. debt limit and continued government funding, critical to maintaining our economic health and worldwide credit ratings (and respect), should not be held hostage to partisan passion for passage or repeal of other government legislation because to do so amounts to extortion of the U.S. public, regardless of previous use of these votes to shut down our government. It is an odd and unfortunate approach for a party that loves to wave the red, white and blue and positions itself as the true representation of U.S. values.
Is the ACA good legislation? No, it is deeply flawed and will require major modification in the coming months and years if it is to come close to providing the promise of affordable, fair and uncomplicated health insurance for all citizens. Regardless, it is a first step toward replacing the disaster of our previous insurance system. Yet any attempt to repeal or revise the ACA must be conducted apart from efforts to keep the government running and the nation's credit intact. To use the ACA or any legislation as a bargaining chip in maintaining a functioning government is beyond wrong. It is undemocratic and it is criminal in its cost to citizens and society.
Politics as a Dangerous Sport:
Many in Washington and the media consider these un-democratic shenanigans as sport. It makes for great politics, great news, great entertainment. The Republicans, playing the role of selfish sadist, take obvious glee in preventing not only action on Democratic legislation and appointments but in vastly reducing the ability of government to provide for its people, causing havoc and despair for not only the needy but the working class, businesses, the military and 50 state governments. The Democrats, playing the role of submissive masochist, wander around Washington bemoaning in plaintive tones the sorry situation the Republicans have created for them. Meanwhile the populace suffers hard.
There was a time when Republican and Democratic Congress members operated in similar fashion, that of somewhat responsible representatives. They worked in the interest of their constituents while working to compromise with the opposition on issues of national importance, as everyone knew their turn at power would eventually come - and with it the need for a willingness by the opposition to negotiate and compromise. Members often thought and acted independently of their party yet with respect to their party leadership and party platform but understood that differences and debate can be had within one's own party as well as with the opposition.
Consider the typical party convention. Throughout much of our history and into the 1970s, party conventions were raucous affairs in which party policy was openly and hotly debated on the convention floor for all the world to witness. Today, unfortunately, party conventions are slickly choreographed affairs stripped of any internal debate or opportunity for change. Both parties are suffering from member unwillingness to speak and act independently and in the interest of their constituents - but the Republicans have turned it into a religion.
Party has always been fundamental to our politics but has not typically ruled all. Not until the Republican party lost its center and found its more moderate members leaving in disgust - or emasculated or defeated by either their own party leadership or Republican special-interest groups - and allowed itself to be intimidated by the most rabidly selfish elements of the party, particularly the "Tea Party" contingent. Add to that the Republican predilection for signing oaths or submitting to litmus tests - pledging iron-clad adherence to rigid party orthodoxy and equally rigid party policy regardless of their value or validity or embrace by constituents - and it is obvious that the party operates as an autocracy, not a democracy.
Much as the Democrats have allowed themselves to be trapped by Republican intransigence, the Republicans have become trapped by their fear of the "Tea Party", a Trojan Horse within their own party that promises to deliver the electorate but delivers only misery and despair to the nation. The "Tea Party" does not believe in pluralism, democracy or civil society. It openly advocates for the destruction of much of our government. It is a corruption of the movement behind the famous Boston Tea Party of 1773, an event which protested taxation of citizens without government representation. Today's "Tea Party" believes not in representation but in their own despotic control of our government. They don't believe in taxation without representation, of course; but neither do they believe in taxation or representation except on their terms and their terms alone. Needless to say, this is contrary to democratic government.
Resolution:
Regardless of your politics, your beliefs, your dreams for the United States, this issue is not about ideaology or party identity, it is about governance. It is about the constitutional structure of our government that has historically allowed for progress within a nation of disparate interests and views. It is about respect for the institutions and processes that have allowed us to have a powerful and effective government that can serve us all, one in which we can all play a role. It is about compromise, not rigid and unforgiving adherence to tight and myopic party policy.
Our government is being neutered by Congress and we are losing some of our country's best aspects to the rising Republican hostility for constitutional processes and government itself, and to the Democratic abdication of their responsibility to fight this toxic tide.
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ENDBAR: Understanding the filibuster:
The filibuster is a Senate rule which allows any Senator to delay or prevent votes on legislation or Presidential nominations for judicial posts or heads of government agencies. It is a tool used by many governments globally and has a long and tortured history in the United States. It is not a requirement of our Constitution. The U.S. House of Representatives eliminated their own filibuster rule in 1842.
In earlier U.S. forms the Senate filibuster allowed for marathon talk fests on the Senate floor designed to wear down the opposition party's patience to the point of alteration or withdrawal of legislation or nominations. While the spirit of the filibuster intends for a pause in the legislative process to allow opportunity for clear statement by the minority party, reflection by Congress and possible changes - or an end - to specific legislation, it is not intended for routine use as a tool to stymie legislative action by the majority in a given Congress. We elect a majority to rule, not to sit indefinitely on the sidelines while the minority pontificates to no purpose but to negate majority rule.
How the filibuster affects majority governance:
It normally takes a simple plurality of Senate votes - 51 (or a simple majority of those Senators voting) - to pass legislation. In the event of a tie the Senate President - in this Congress, Democratic Vice-President Joe Biden - casts the deciding vote. The Democrats, in caucus (conjunction) with the two Senate Independents, had this majority once the election results of 2008 were finally settled in 2009 (111th Congress). Yet they find it difficult to overcome Republican opposition. Why?
Unfortunately for the country, filibusters by either party nowadays are far more numerous and never seem to die. Alterations to the filibuster over the years have made filibusters too easy to conduct, making it possible for them to be continued indefinitely with little effort. Republicans have exploited this arcane Senate rule to effectively stop most Congressional action.
The filibuster is a Senate rule which allows any Senator to delay or prevent votes on legislation or Presidential nominations for judicial posts or heads of government agencies. It is a tool used by many governments globally and has a long and tortured history in the United States. It is not a requirement of our Constitution. The U.S. House of Representatives eliminated their own filibuster rule in 1842.
In earlier U.S. forms the Senate filibuster allowed for marathon talk fests on the Senate floor designed to wear down the opposition party's patience to the point of alteration or withdrawal of legislation or nominations. While the spirit of the filibuster intends for a pause in the legislative process to allow opportunity for clear statement by the minority party, reflection by Congress and possible changes - or an end - to specific legislation, it is not intended for routine use as a tool to stymie legislative action by the majority in a given Congress. We elect a majority to rule, not to sit indefinitely on the sidelines while the minority pontificates to no purpose but to negate majority rule.
How the filibuster affects majority governance:
It normally takes a simple plurality of Senate votes - 51 (or a simple majority of those Senators voting) - to pass legislation. In the event of a tie the Senate President - in this Congress, Democratic Vice-President Joe Biden - casts the deciding vote. The Democrats, in caucus (conjunction) with the two Senate Independents, had this majority once the election results of 2008 were finally settled in 2009 (111th Congress). Yet they find it difficult to overcome Republican opposition. Why?
Unfortunately for the country, filibusters by either party nowadays are far more numerous and never seem to die. Alterations to the filibuster over the years have made filibusters too easy to conduct, making it possible for them to be continued indefinitely with little effort. Republicans have exploited this arcane Senate rule to effectively stop most Congressional action.