Sunday, January 31, 2010

Doesn't Anybody Really Care?

Almost nine years ago, on March 8 2001, I posted a commentary entitled: “The Death Of Outrage."

I went on to discuss the agenda of the Bush Administration even in that early configuration and found them the most outrageous of any bar none. Their agenda made the Reagan “revolution” mild by comparison, but I did not get any sense of outrage among the American people, not even among its most progressive elements. Somehow that ability to be outraged even by the most egregious agenda, or for that matter the most anti-democratic tactics brings no emotion and no outrage.

The Right, seems to be able to mobilize a sense of “Outrage,” as can be seen from their ability to mobilize the “Tea-Party” demonstrators. But liberals do not seem to be able to bring that kind of emotion into their movement, except maybe against their allies.
My last commentary, was entitled, “Lying pays off!!!!! Smears succeed!!!! Obstructionism is rewarded!!!!."

In that I set forth the lies that Republicans have deployed against the President in general, and the Health Care bill in particular, and their use of the extra-constitutional filibuster to prevent an overwhelming majority from governing. I expected outrage primarily against Republicans, but also against the many liberal groups who have often been unintended allies of gridlock imposed by the filibuster.

But instead of outrage, I get the following comment from Bruno Lederer of Stamford, Conn.

“It is true that there were many smears and lies by the Republican and that had some influence on the outcome in Mass. However, the main reason for the voter revolt there and in NJ and Va. was the use of federal money to rescue the automobile companies, AIG, and the banks, coupled with the unemployment situation in the country, and the fear that the health bill would result in more taxes. The trouble with Obama's approach was not that it was wrong, but that there was no real attempt to educate the voters as to the reason for his policies. I know that it does not seem fair for voters to penalize the democrats for policies that are much more reasonable than those of the Bush administration but that is the way voters are. The fact that special deals were made with the senators from Louisiana and Nebraska rubbed many voters the wrong way, and confirmed their negative view of Congress and politics. It is now imperative to fashion a health bill that will be acceptable to Olympia Snow, if possible, though the road will be much rougher now. Moreover, there is still time for Obama to try to educate the voters.”


What Bruno says undoubtedly has some truth in it, but is totally unresponsive to what I wrote. I wrote about the misuse of the filibuster and he clearly finds nothing about it to upset him. He dismisses it with, “(It may have had) some influence on the outcome in Mass."

Whether it had an outcome in Massachusetts is beside the point. It prevented the Health Care Bill from passing; it caused the stimulus to be watered down. It kept innumerable other bills from seeing the light of day. And it gives the election of one Senator out of a hundred a significance, which it should not have on the legislative process

He shows no anger or even consternation at the smears that have been told and he clearly finds nothing about it to upset him.

It is totally unresponsive to the petty carping of the various liberal special interest groups who refuse to compromise. But for those liberal groups, who will not support the Senate bill, that bill could already have been passed, and can still be passed. All the House has to do is pass the Senate bill. But I have not seen one liberal columnist, commentator, or organization advocate that.

As for a health bill that will be acceptable to Olympia Snowe that is totally unrealistic. Snowe, said she would support the bill if there is no public option. There is no public option and she voted for the filibuster. She has never said what else she wants, and doesn’t say what would be needed to secure her vote. Furthermore whatever is given to Snowe, is likely to lose votes of liberals in the House.

But allow me to return to the “liberal” groups like moveon.org who savage the Administration for having rescued the banking system from collapse and thereby avoided a ’29 meltdown. Who write, “Pro-bank Democrats killed real mortgage reform; they watered down the financial regulations bill in the House and are poised to gut it in the Senate.” Not one word about how “Pro-bank” Democrats were empowered only by the Republican filibuster. They rant about the Auto company bailout - do they not care about the huge number of jobs it saved? - and very likely without any cost to the taxpayer in the long run, since it is expected that every penny will be repaid. They show some outrage – but at whom? They sound like an adjunct to the Republican Party.

Or Paul Krugman who I said in my last commentary had a short memory. He deliberately ignores the political realities.

Or boldprogressives.org who distributed an e-mail saying:

“Tonight, Democrats lost Ted Kennedy's Senate seat in a bitter special election… The Senate health care bill is not the change we we were promised in 2008, and it must be improved. The Senate must use 'reconciliation' to pass a better bill with a strong public option.”


Or Credo Action:

“The loss of Ted Kennedy's seat — due to a lack of enthusiasm among Democrats and Independents — sends a clear message to Congress. The Senate health care bill is not the change we were promised in 2008, and it must be improved. The Senate must use 'reconciliation' to pass a better bill with a strong public option.


Or NOW, the National Organization for Women:

“Tell members of your congressional delegation that throwing women under the bus in health care reform legislation is not acceptable. Contrary to what women's advocates have repeatedly been told, it now appears health care legislation allows gender rating after all. This, coupled with the anti-abortion rights language and other problems, renders the bill not worth passing unless these harmful provisions are removed.”


And Campaign for America’s Future:

“Let’s see. Obama packs his White House and economic team with former Clintonistas; devotes one-third of his stimulus plan to ineffective tax cuts; rescues the banks without reorganizing them; wastes months seeking bipartisan support on health care, jettisoning the public option along the way and insisting on taxing health care benefits rather than the wealthy.”


I don’t know from where the people who write these diatribes get their information, for they seem astoundingly out of touch and misinformed. A Health Care Reform bill cannot be passed by “reconciliation.” If that could have been done, don’t they think that this procedure would have been employed in the first place? Reconciliation under the rules is limited to taxes and expenditures. If a bill passes, reconciliation could be used to fix some of its rough spots. But for them to call for reconciliation on the whole bill is pure demagoguery.

As for NOW’s concern. It is understandable. But it is not a question of getting a bill with this provision or that provision. It is a question of getting a flawed bill or none at all. And there is no question that a flawed bill would be better for most women than no bill at all. The discrimination in rates exists now. The bill would not make it worse. It would reduce it by eliminating Pre-Existing Health Conditions and by increasing coverage for pre-natal care. It always comes down to allowing the perfect from being the enemy of the good.

As for Campaign for America’s Future, do they really think that turning the country back to the Republicans would serve their objectives better? As I said about Krugman, The Democrats didn’t have 60 votes when the stimulus was passed. To get the three Republicans, and even some of the Democrats from conservative states they had to have tax cuts, which were most certainly not totally ineffective. The banks, as unpopular as they were and are, had to be rescued or we would have had a ’29 meltdown. First the rescue – then the regulation-, which without 60 votes may no longer be possible - thank you very much. Since a unanimous Democratic vote on Health Care Reform was made necessary by Republican intransigence and the filibuster, and some Democrats wouldn’t accept the public option, it was again compromise or nothing and the Public option was made into a symbol which as long as we had adequate regulation, which the bill provided for, was far from essential, though it became a rallying cry for organizations more interested in raising money for themselves than in reform.

As for taxing some Health Care benefits – that, it is agreed, is one of the few means for controlling costs, and without controlling costs we will all lose out.

But as can be see all these “liberal organizations” train their attacks not on Republicans but on the people laboring to actually accomplish reform instead of grandstanding.

They seem intent on returning Republicans to power. Maybe that will further increase their fund raising, but it will not advance reform. I for one will no longer contribute to any of them.

But right or wrong, sincere or not, they show passion.

What bothers me about Bruno Lederer's comment is its total lack of passion, or even any indication that he cares. He appears to seek the position of an uninterested commentator.

10 comments:

Bruno Lederer of Stamford, Conn. said...

Just two short comments in response to your recent misquote of my letter and mischaracterization of what it contained. Your changed "Republicans" to "Republican" in the first line, giving the impression that I was referring only to Sen. elect Brown as the person guilty of lies, smears etc. when I was referring to the Republican party as a whole. I also never said that the filibuster may have had some influence on the outcome in Mass. when I was not referring to the filibuster as influencing the election result, but the lies and smears of the Republicans. I also take exception to the statement that my letter shows no indication that I care, which I do, as you should know.

Emil Scheller of Fort Lee, NJ said...

I just spent quite a bit of time reviewing your complaints. At first I could not figure what their basis was, and then as I searched further I saw your point. You are right!
I was careless, though none of it was intentional.
The dropping of the s in Republicans was the result of a spelling and punctuation check, though that should not have applied to a quote. In adding a comma, I apparently substituted the comma for the s.
As for my misquoting you on the filibuster when you referred to the "many smears and lies" again inexcusable carelessness, due to my equating them in my own mind."
I will distribute this exchange, or any other statement you wish me to make, though I recognize that corrections never undo the damage done by the original misstatement.
What bothered me about your comment was that I had written an angry commentary which can best be summarized by its title, "Lying Pays off!!! Smears Succeed!!! Obstructionism is Rewarded!!!" and you came back with what I considered to be a dispassionate analysis of the election. Of course, I know you care, but I don't think that one could tell by what you wrote. But in any case, I was not intending to attack you, but looking for a good lead in to the contention that we liberals should be able to muster at least as much anger and outrage as the Tea party people.
You may be right that Obama did not spend enough time educating the voters, but that is a difficult, if not impossible task, when you are being savaged by not only the opposition, but by the liberal organizations whose support you should be able to count on, not to speak of the media, whose job is to inform. How much space has been devoted in the press to the Democrats being blocked at every turn by an unprecedented use of obstruction, requiring unanimity on the Democratic part. As I pointed out, people like Krugman, actually lie (distort) in attacking Democrats, ignoring that compromises which they may disapprove of were unavoidable. MSNBC which is supposed to be a counterweight to Fox joins in the attack, distorting the realities of the political scene and demanding that the President undo acts of Congress by executive order - "Don't Ask, Don't Tell"; not defend acts of Congress though that is a duty of the Solicitor General, and take hopeless appeals where the law is settled. They demand that the previous Administration be prosecuted for war crimes in connection with torture.

“It isn't the voters who infuriate me. It is the ‘liberal organizations, like moveon.org and the others mentioned…, as well as Krugman, Herbert, MSNBC, etc.”

Irving Lesnick of Boca Raton, Florida said...

You are right. It seems to me that what is needed is to focus attention on the fact that the Republicans in the Senate are keeping a majority of the Senate from legislating.  What I think the Democrats should do is to put together a small bill, which would have clear public support and would decrease, or at least not increase, the deficit, and let the Republicans filibuster it. I would suggest something like the $5,000 per new job tax credit for small business financed by the big bank fee, or extending unemployment benefit financed by taxing hedge fund managers income at ordinary income rates.  Doing a few of these, and letting CSpan show the Republicans talking for 20 hours a day to stop them from passing might focus some indignation where it belongs.
Having looked at a summary of the Budget, I suggest a few more pairs: Increased Pell Grants with repealing oil tax breaks, increased aid to states for education funding with tax increases on multinationals.
The big danger now that five Republican senators have broken the Senate log jam on a piece of the jobs bill, the "liberals" in the House, instead of passing the Senate bill and sending it to the President, will insist on defeating the good, because it is not the perfect.

Emil Scheller of Fort Lee, NJ said...

I have only one short comment on Irv Lesnick's views. It is: Exactly!!!!

Leonard Levenson of Manhattan, NY said...

I think the public is so fed up with the Senate logjam that they will be ready to accept a modification of the Filibuster rules. Perhaps a reduction of the supermajority to 55 votes instead of 60 would be the way to go. I think that can be done by a simple majority vote of the Senate although I think the Rules cannot be changed after they are adopted at the beginning of the year. At the present time there are 290 bills passed by the House awaiting action by the Senate. I despair at the situation and I am reminded of the ineffectiveness of the Polish Duma in 1797 just before the dissolution of Poland. At that time any legislator had an absolute veto over any piece of legislation. As a consequence Poland failed to develop and became an easy victim of Russia, Austria and Germany who carved up the country until 1919.

Emil Scheller of Fort Lee, NJ said...

Your comment raises a slew of issues.
First let me comment on your suggestion that 55 votes instead of 60 would solve the problem. I don't agree! As far as I am concerned
anything that stops a majority from acting is undemocratic. I know that many say that this would mean that Republicans, who at some time in the future will command a majority, will be able to ram all sorts of undesirable legislation down our throats. Well, that is the price of
Democracy.
I have also heard that we have to have this because the founding fathers desired checks and balances, but that is patently untrue. When the Constitutional convention was convened its purpose was to increase the power of the federal government over the powers it had under the Articles of Confederation. It clearly was not for the purpose of hamstringing the government. To be sure they wanted to make sure that with its new powers we would not return to the tyranny of of the British monarchy, and with that in mind they gave the President veto power.
Since many were not satisfied that the document did enough to protect the liberties of the people, they insisted on adding the Bill of Rights as amendments. But they never gave a minority, or intended a minority to have the power to block legislation in the Senate or anywhere else.
The filibuster and the need for 60 votes is an extra constitutional provision intended to make sure that a minority gets an opportunity to make its voice heard, not to block legislation.
This is a feature I think we need to keep. Therefore I would propose that new rules be written so that it takes 60 votes to stop debate at the outset, but that after, say 20 hours of debate, it takes only 58 votes, then after another 10 hours 56 votes, etc. so that after a reasonable time for debate, debate can be ended by a simple majority vote.
I find your calling attention to the fact that there are 290 bills passed by the House awaiting action by the Senate enlightening. It shows the extent to which the Senate is the graveyard of most legislation, and makes it impossible to govern, which is what the American people demand.
They do not understand why, having given Democrats a huge majority, they still cannot govern and don't understand that the archaic rules on debate make it impossible to govern, unless the majority has, as it did under Lyndon Johnson, a majority of 69 votes, or uses reconciliation,
as was done so many times by Republicans or as senator Reid said, "They should stop crying about reconciliation as if it's never been done before. It's done almost every Congress, and they're the ones that used it more than anyone else," he said. Reid noted that reconciliation has been used 21 times since 1981.
(http://www.cnn.co /2010/POLITICS /02/23/dems.health.care/index.
html?hpt=T2)
So What's good for the goose is good for the gander.
As far as your reference to Poland and its dissolution, that reference was made by Paul Krugman
http://krugman.blogs.nytimes.com/2010/02/05/the-senate-becomes-a-polish-joke/
but he was referring not to the filibuster as such, but rather to the hold that one Senator, Senator Shelby, had put on all Presidential appointments.
(Continued in next post)

Emil Scheller of Fort Lee, NJ said...

(Cont. from previous post)
But using reconciliation only takes care of the immediate problem of passing the Health care legislation. Frankly, I was puzzled by this decision since I asked myself why do they need to pass a new bill in the Senate. They already passed one and all that is needed is is for the House to pass
the same bill and it goes to the President for signature. But apparently it was not just conservative representatives who won't pass the Senate version. Certainly there is a group led by Rep. Stupak who insist that the Senate bill is too weak on preventing public funds from being used for abortion, but that group has apparently been written off because Democratic "freedom of choice groups" in the Senate would never accept the highly restrictive Stupak language. So they decided to get a majority in the House by courting pro-labor groups opposed to the tax on high end health insurance policies. Thus the President's bill and the one that is to be passed by reconciliation, reduces that tax and postpones it. It does not add the Public Option because that would lose the support of some crucial Senate Democrats.
See: http://politicalticker.blogs.cnn.com/2010/02/23/liberal-group-white-house-has-loser-mentality/?fbid=DKJ_NkrJebh#more-91542
It seems that nose counting in the House indicates that the Senate bill as passed cannot be passed in the House, but that the revised bill can. So the revised bill gets passed by reconciliation and then the House passes the Senate bill without going through the lengthy conference procedure.
Once that is done the question of changing the rules for stopping a filibuster can be tackled. That is a tricky maneuver because the Senate rules say that any attempt to amend the rules can be filibustered and it takes 60 votes to stop the filibuster. This is where the history of the so called
nuclear option applies. See my commentary opposing the nuclear option on the ground that it is illegal,
(See: http://commentaryonpolitics.blogspot.com/2005_05_01_archive.html) and see http://en.wikipedia.org/wiki/Nuclear_option
as to the method that Republicans planned to use to avoid the Senate rules, which would be the method that would have to be used if the rules on preventing filibusters is to be changed. But here I came back again to my feeling that "What's good for the goose is good for the gander." Since Republicans were prepared to ignore this obstacle I believe that Democrats are entitled to use the precedent established by Republicans in order to reform the
Senate and make it into a functioning body.
I understand that in the end Republicans didn't do what they threatened, but that is only because it was made mute by the gang of 14. If a bi-partisan group can be found again who would agree to prevent filibusters, except in extraordinary circumstances, the so called nuclear option might not be invoked, but failing that, I see no other way, if this country is to remain one that represent the will of the people. The constitutional
checks and balances of having two Houses, a Presidential veto, and a Supreme Court that can also veto legislation, are more than enough checks and balances.

Leonard Levenson of Manhattan, NY said...

I agree with much of what you say except your comment that "anything that stops a majority is undemocratic". Obviously, the very definition of democracy implies majority rule. I am also mindful of the many checks and balances built into our constitution including the many procedural difficulties in getting a law passed even by a simple majority. However too often in this country's history has the majority passed antidemocratic
laws when one party had control of the 3 branches of government i.e. The Federalist Alien and Sedition Laws (1801); the anti communist laws of 1919 and 1952 plus laws passed during periods of public panic (Patriot Act of 2002 and the Chinese exclusion act of (1906?). I agree with you that it is a more complex issue when your ideological adversary is in power .

Emil Scheller of Fort Lee, NJ said...

First just a minor disagreement on majority rule being implied in a Democracy - I think that is wrong. We are a Constitutional Democracy, which means a majority may not violate the Constitution. The Constitution is supposed to stop the laws to which you refer. Unfortunately, during periods of stress and hysteria the institutions that are supposed to stop outrages don't seem to function or the laws you mention would have been struck down by the Supreme Court and you should have mentioned the internment of the Japanese during World War II.
I submit, however, that the filibuster or any other anti-majoritarian procedure would not have made any difference in the cases cited.
While I cannot prove it, because the votes are not available, I am willing to bet that all these laws passed by overwhelming majorities, and in the
case of the Japanese internment which was done by executive order, the Supreme Court upheld it by a vote of 6-3, not 5-4 which is now common, and Hugo Black wrote the opinion of the court.
I think that a review of history will show that the filibuster has rarely if ever been successfully used to stop laws that are the result of hatred. panic or fear. They are used to stop laws that do not have overwhelming popular support and or offend powerful interest groups who then use their influence to get a minority to protect their interests.
Despite the myth of Mr. Smith in the movie "Mr. Smith goes to Washington" a review of the successful use of the filibuster finds few uses of it for desirable purposes. It's use has been associated the most, in recent history, with its use against civil right legislation and most outrageously against anti-lynching laws where the other canard, "states rights" was also invoked. Thousands of innocent people died as a result, and while Southern Democrats are usually associated with it, it was Republicans led by Goldwater who most fervently fought against such laws, using the
filibuster.
While there may be risks in abolishing it, the greater risk, as is demonstrated by history, is allowing its use by a determined minority to stop legislation, not because it is dangerous, but because it is opposed by entrenched interests.
Maybe as long as the filibuster was only occasionally used it could be tolerated, but it has now become such a common occurrence that the people's business can no longer be done. The idea that a minority party should have veto power is abhorrent to Democratic institutions. It does
not so much recall Poland to me, but the rise of the Nazis, who used obstruction to keep a Democratic government from functioning, and argued that only by placing them in power could effective government be restored.
(Cont.in next post)

Emil Scheller of Fort Lee, NJ said...

(Cont. from previous post)
I quote from an article in US News & World Reports, http://www.usnews.com/blogs/robert-schlesinger/2009/11/25/the-staggering-rise-of the-filibuster.html
The fact of the matter is that the frequency of filibusters has increased by a factor of 50 since the days of (then Democrat) Strom Thurmond jaw-jacking for 24 hours to stop a civil rights bill. So too has the general use of delaying tactics on major pieces of legislation. Consider some data points.
"According to research by UCLA political scientist Barbara Sinclair, there was an average of one filibuster per Congress during the 1950s.
"That number has grown steadily since and spiked in 2007 and 2008 (the 110th Congress), when there were 52 filibusters. More broadly, according to Sinclair, while 8 percent of major legislation in the 1960s was subject to 'extended-debate-related problems'like filibusters, 70 percent of major bills were so targeted during the 110th Congress."
I should add that while Bush was President during the 110th Congress, Democrats had a majority in both Houses, with 239 Democrats and 200 Republicans in the House and 49 Democrats with two Independents, who were aligned with the Democrats and 49 Republicans.
We now have a situation where the anti-government philosophy of the Republican Party has brought about a situation where when Republicans are in power they govern badly and thereby prove that government is ineffective and when out of power they obstruct and prove that government is ineffective, thus proving their point. This cannot be allowed to continue.
As for the concern that relations between the parties are so hostile I suggest that this is a natural outgrowth of the deep division between the parties and the Republican Party's determination to rule or ruin. But it is hardly unprecedented in American history. As early as the Administration of George Washington, Jefferson and Hamilton were hurling insults at each other through various media outlets, which they controlled, and
according to Smithsonian magazine See: http://www.smithsonianmag.com/history-archaeology/How-Dolley-Madison-Saved-the-Day.html the
situation was so rancorous during the war of 1812 that 'Members of Congress, (became) weary of flinging curses at each other...'
I don't think that a 55 vote requirement would be a major improvement over the 60 vote one now in effect. It is rare that any party has more than a 55 vote majority and they didn't in 110th Congress, which is why Republicans so often used the filibuster, and when in the majority the procedure
they now decry, i.e. reconciliation.