The Furor Over “Deem and Pass”

A couple of weeks ago, I wrote about the ridiculous attention that the media — cued by the GOP — lavished on process in general and budget reconciliation in particular:

Regardless of the outcome of the Democratic health reform push, one point is obvious: at every turn, they lost the messaging battle to Republicans and the Tea Party. The latest reminder came this morning, as the umpteenth story on budget reconciliation came on the radio. These days, to talk about health care reform is to talk about process — exactly where the GOP wants the conversation to be.

Replace “reconciliation” with “deem and pass” and the same post pretty much applies to today. “Deem and pass” is the procedure by which Democrats are reportedly planning on using to pass health care reform, allowing House members to “deem” the Senate bill passed while voting on the bill fixing it. The reasoning is that this would enable House Democrats to say that they didn’t technically vote for what they see as a flawed Senate bill. Let me repeat that: they’ll be voting for the Senate bill but can claim that they didn’t vote for the Senate bill. Really, what could go wrong with that strategy?

Republicans have pounced, and the media have been right there with them. Today’s Washington Post headline: “House Democrats’ tactic for health-care bill is debated.” From a New York Times on the “controversy”: “Democrats struggled Tuesday to defend procedural shortcuts they might use to win approval for their proposals in the next few days.” Clearly Dems did not think through the politics of this move.

But its head-slapping idiocy notwithstanding, is “deem and pass” really all that controversial? Congressional scholar Norman Ornstein, hardly a lefty advocate, calls out Republicans for their hypocritical rending of garments over its anticipated use for health reform:

In the last Congress that Republicans controlled, from 2005 to 2006, Rules Committee Chairman David Dreier used the self-executing rule more than 35 times, and was no stranger to the concept of “deem and pass.” That strategy, then decried by the House Democrats who are now using it, and now being called unconstitutional by WSJ editorialists, was defended by House Republicans in court (and upheld). Dreier used it for a $40 billion deficit reduction package so that his fellow GOPers could avoid an embarrassing vote on immigration. I don’t like self-executing rules by either party—I prefer the “regular order”—so I am not going to say this is a great idea by the Democrats. But even so—is there no shame anymore?

Steve Benen sums up my thoughts on the latest demonstration of GOP faux outrage and media complicity nicely:

Let me get this straight — the single biggest story in the political world yesterday was over consideration of a House procedure, used many times before by both parties? Republicans decided they don’t like “self-executing rules” anymore, so the matter dominated the discourse?

As with the moronic furor over reconciliation, the same dynamic is at work: a relentless GOP messaging machine that puts process ahead of substance — canny on their part because it’s the process, rather than the policy, that voters are fed up with; a tone-deaf Democratic caucus (They really thought that adding a layer of complication to the process was what health care reform needed? Really?) and feckless communications operation that seems to perpetually be on the defensive; and a mainstream media expertly played like a piano by the GOP.

Misanalyzing Democratic Divisions on Health Reform

We’ll soon know the fate of health care reform legislation in Congress. But win or lose, the retrospective analysis of the health reform fight, and particularly the Obama administration’s overall strategy, will go on for years. That’s why I think it’s important to refute some questionable interpretations right now, before they are incorporated into the unofficial history of the debate.

Today Peter Beinart posted an article for The Daily Beast that treats the last-minute skirmishing among Democrats over health reform as the final stage in a two-decade-long battle between Clintonians and progressives, which Barack Obama brought to a conclusion by choosing to move ahead despite Scott Brown’s victory in Massachusetts. This decision, Beinart says, changed Democrats “forever.”

Beinart’s piece is something of a pinata: it can be whacked from any number of directions. Most obviously, he mischaracterizes the current, and actually very limited, conflict among Democrats about what Obama should have done after the Brown victory. Yes, you can find a few self-described Democratic pundits (and he names virtually all of them) who have argued that Obama should have folded his tent or (somehow) pursued a bipartisan, incremental health reform proposal in the wake of Massachusetts. But the idea that the polling pair of Doug Schoen and Mark Penn, or longtime eccentric Pat Caddell, speak for the entire “Clintonian” tendency in the party is completely absurd. More typical and certainly more relevant are TDS Co-Editor William Galston (whom Beinart treats as a major foundational thinker for what he calls the “DLC types” in the party) and Progressive Policy Institute (the DLC’s think tank during all the battles Beinart describes) president Will Marshall, who have avidly backed Obama’s decision on both philosophical and practical grounds (here and here).

If you look at the actual conflict among Democrats in Congress, “no” or possible “no” votes in the House nearly all fall into two categories: nervous Democrats from very tough districts, who do not neatly fit on one side of some intraparty ideologicial spectrum, and more importantly, the “Stupak Democrats” who are focus on abortion policy. By and large, “Stupak Democrats” aren’t “Clintonian” in any meaningful sense of the term; many are very liberal voters on economic issues, and some, in fact, profess to be upset by the absence of a public option in the Senate bill and/or the presence of an insurance premium tax which many unions don’t like. To the extent that they reflect any intra-party conflict of an enduring nature, the “Stupak Democrats” represent the losing side of a debate over abortion that pre-dated the DLC/progressive battles and has little or nothing to do with them.

At least a few actual or potential Democratic defectors on health reform do so strictly from a progressive point-of-view, on grounds that the Senate bill, even if it’s “fixed” via reconciliation, merely ratifies the tainted health care status quo.

And so long as the Clinton brand is going to be thrown around in this discussion, it’s worth noting that the single most crucial modification of Obama’s campaign proposal on health care reform was adoption of an individual mandate, which Hillary Clinton championed. The idea that Mark Penn rather than Obama’s Secretary of State speaks for Clintonism is more than dubious.

Equally implausible is Beinart’s claim that Obama’s decision to move ahead on health reform represented the vindication of the Democratic “left” as opposed to the “center.” Yes, most self-conscious Democratic progressives (like most Democratic “centrists”) are pleased that Obama is pressing ahead on health reform absent any Republican support. That’s because they consider the status quo intolerable from a moral and substantive point of view, and surrender as politically calamitous as well. But as anyone who has been paying attention should know, many, perhaps most, on the Democratic Left are unhappy with Obama for pursuing Republican support as long as he did, and sacrificing important features of health reform in the process.

And this leads me to my most fundamental objection to Beinart’s analysis: his assumption that “partisanship” and “bipartisanship”–or as it puts it elsewhere, a Rovian “base mobilization” strategy as opposed to a Dick-Morris-style “crossover” strategy–are and have always been the essential differentiators between the progressive and Clintonian factions in the party, leading to the conclusion that Obama has now, once and forever, chosen the former over the latter. For anyone seriously engaged in intraparty debates over the years, the picture painted by Beinart is a very crude cartoon that should be offensive to both sides of those debates (as crude, in fact, as his characterization of the seminal Galston-Kamarck essay “The Politics of Evasion” as urging Democrats to “move to the right”).

It should be reasonably obvious after the last year that Obama and congressional Democrats didn’t “choose” partisanship after the Scott Brown victory; they were forced into a purely partisan stance on health reform by Republican instransigence. And it should be equally obvious that Obama’s many gestures towards bipartisanship were motivated not by naivete, but by a conviction that he could best achieve “crossover appeal” in the electorate by exposing the radicalism and intransigence of the GOP. It’s not clear this strategy will work in 2010, but it might well work in 2012 and beyond, thus building a more durable Democratic majority and/or creating incentives for the GOP to correct its current crazy course. In any event, he has not for all time chosen for Democrats a permanent posture of maximum partisanship and “base mobilization,” and his position on the literally hundreds of other policy and political issues that Democrats have internally debated can’t be shoehorned into Beinart’s scheme.

Maybe the decision to go for the gold on health reform will prove to have been momentous. But it wasn’t really a hard choice given the circumstances, and it certainly didn’t resolve every strategic decision Democrats will make “forever.”

This item is cross-posted at The Democratic Strategist.

Civil Disobedience for Republicans

I know, I know, paying attention to anything Rep. Michele Bachmann (R-MN) says is a bit lazy, since she offers up irrational outrages on a near daily basis. But her remarks suggesting that Americans don’t have to comply with health care legislation if it’s enacted via procedures she doesn’t like really do blaze some new trails for the American Right — or at least trails not pursued since the early 1960s, when segregationists urged noncompliance with Supreme Court decisions and civil rights laws.

Here’s Bachmann flirting with jail-time in defense of the great American principle of unregulated private health insurance, or whatever it is she’s standing for:

If they pass the bill legitimately, then yes, we have to follow the law — until we repeal it. But if they pass it illegitimately, then the bill is illegitimate, and we don’t have to lay down for this. It’s not difficult to figure out. So if for some reason they’re able to get their votes this week and pass this 2,700-page Senate bill — if they get it, trillions of dollars is what it’s gonna cost, when we didn’t vote on it, we need to tell them a message: That if they get away with this, they will be able to get away with anything — with anything. And you can’t say you voted on a bill when you didn’t, because it’s fraud. But we are not helpless here. We are not helpless, there are things that we can do.

What Bachmann is thundering about here specifically are reports that the House may vote on a reconciliation bill to “fix” the Senate bill, and then by a Rules Committee provision “deem” the Senate bill itself as having passed the House via efforts to amend it. Turns out the “deem and pass” strategy was used by Republicans during the Bush administration to enact a debt limit increase — never a popular vote — so there is, ahem, some bipartisan precedent for the procedure. And for all the talk about its sneakiness, it should be remembered that it is being considered not because of some substantive concerns about a “fixed” Senate bill, but because House members fear the Senate will just celebrate House passage of their bill and not bother to get around to the “fix.” In other words, it’s all procedural mumbo jumbo that’s unrelated to real health care reform. Any House member voting for the “fix” is, in fact, going to be held responsible by Republicans for supporting “ObamaCare,” so conservatives are being more than a little disingenous in claiming that “deem and pass” is some sort of devilish trick to avoid accountability.

In any event, the courts are where such matters should be thrashed out, not the streets. And by suggesting that her own view of “deem and pass” as representing “tyranny” should trump the law of the land, Bachmann is taking a fateful step towards the revolutionary posture that her Tea Party allies have been hinting at all along.

I’m reminded of an incident back in Georgia some time ago when Congress had enacted a tax bill that imposed a state-by-state volume limitation on the use of tax-exempt financing for private development projects. I was part of a state government team that designed Georgia’s system for implementing this law, and after a public briefing on the new rules in one locale, a local development official replied: “We appreciate y’all coming down here to explain all this, but we think we’ll just use the old system.” We decided not to humiliate the guy by pointing out that the IRS wouldn’t exactly let him “use the old system,” but instead informed him of that privately.

I hope someone informs Michele Bachmann and her listeners that she doesn’t get to pick and choose which laws are “valid.” And if she’s willing to go to the hoosegow to resist ObamaCare, there are quite a few other Americans who think the supremacy of law is a rather important principle who will be happy to accomodate her.

This item is cross-posted at The Democratic Strategist.

Biden, Israel, and the Aftermath

Here’s a lesson in how political optics and poor timing can conspire to exacerbate diplomatic squabbles into really big deals.

Last week, Vice President Biden went on a trip to Israel. He was nominally there on a goodwill visit to reinforce the strong ties between the two countries, particularly as George Mitchell, the administration’s Special Envoy to the Middle East, sought to reengage the Israelis and Palestinians in indirect diplomacy.

Biden’s trip started well. He did a press conference with PM Benjamin Netanyahu and proclaimed America’s “absolute, total, unvarnished” commitment to Israeli security. Then he visited the Yad Vashem Holocaust Museum on March 9, writing in the guest book that Israel is the heart, life and hope of the world’s Jews and that it saves lives every day, before laying a wreath and lighting a candle on behalf of the administration. So all’s going swimmingly, right?

Then, this little bombshell fell: Israel’s Interior Ministry announced that 1,600 new housing units would be built in East Jerusalem. The Obama administration has long pushed for a freeze on settlement construction in the West Bank as a prerequisite to peace talks, a position that Will Marshall and I backed in this opinion piece just before Obama was inaugurated.

The announcement turned the trip on its ear — Biden delayed attending a dinner with Netanyahu and issued this uncomfortably harsh statement: “I condemn the decision by the government of Israel to advance planning for new housing units,” saying that it “undermines the trust we need right now and runs counter to the constructive discussions that I’ve had here in Israel.” It was a tough but necessary statement – as I’ve written before, the administration must “restore America’s credibility as an honest broker in the Israeli-Palestinian conflict.” Biden’s statement is testament to that. Had Biden not been in the country when this news broke, the tone coming from D.C. would have been more muted.

Privately, Biden has reportedly been even more blunt. The fallout continues to be ugly — Michael Oren, Israel’s ambassador to the U.S. claims that U.S.-Israeli relations are at their worst in 35 years. Things will heat up this week in the U.S. as AIPAC‘s annual conference is scheduled. Will the White House snub them?

It has been quite a storm, and one that might be traced to internal Israeli politics. The Interior Ministry — the department that approved the settlements — is controlled by a far-right religious party and could have timed the announcement to embarrass and out-flank Netanyahu during such a high-profile visit.

Assuming so, it worked like a charm — the move forced the Obama administration into an uncomfortable position, derailed any semblance of peace talks for the time-being, and put Netanyahu on the spot to reiterate his strong support for Israel building settlements wherever it wants.

Where do we go from here? Frankly, this is going to be a difficult one to recover from. The White House should channel its No Drama Obama persona and remember that that’s the most constructive long-term role it can play, even when internal Israeli politics try to derail the process.  The Obama administration should continue to view itself as an honest broker and retain a cool head in marshalling Israelis and Palestinians back to the negotiating table, making it make clear to the Palestinians that they shouldn’t use the flap as an excuse to give up on talks.

Empty Threats

As the political world prepares for what appears to be Last Stop Week on health reform, conservatives seem astonished that the president and congressional Democrats are pushing ahead for final enactment of legislation passed by both Houses last year, instead of folding their hands and fleeing in terror. They are particularly incensed that Democrats aren’t being shamed or frightened by the prospect of–gasp!–a poisoned partisan atmosphere in Washington. Here’s how Julie Mason of the conservative Washington Examiner presents the threat:

The White House claims it’s above worrying about the politics of health care — they just want a bill passed this week.Good thing, because politics in Washington could become a lot more ferocious and partisan, whether their plan flies or not.

“If they pull off this crazy scenario they are putting together, they are going to destroy a lot of the comity in the House,” said Brian Darling, a congressional expert at the conservative Heritage Foundation. “Even in the current, highly partisan atmosphere, it can get a lot worse.”

Sorry, Brian & Julie, you are wrong. It really can’t get much worse. And for that, conservatives have no one but themselves to blame, if they actually even care.

Just to cite the most obvious example, there were many moments over the last year when the White House and congressional Democrats might well have significantly changed health reform legislation in exchange for just a few Republican votes (in fact, they made unilateral concessions in the Senate again and again simply to keep the possibility open). And after the loss of the 60th Senate vote last month, had Republicans offered any suggestions other than complete repudiation of the bills already enacted by a majority in the House and a supermajority in the Senate, Democrats would have snapped them up instantly. But in an atmosphere where long-held Republican ideas on health reform like the individual mandate were suddenly being denounced as socialist or even fascist by the Right, no serious offers were forthcoming, unless you think such “ideas” as sweeping away state regulation of health insurers via mandatory interestate sales is “serious.”

So let’s not hear any empty threats about Republican “partisanship.” For better or worse, the GOP made a clear and collective decision last year to take partisanship to the max on every conceivable front, and they have been quite successful with that strategy in a nilhilistic sort of way. But there are no arrows left in that particular quiver.

This item is cross-posted at The Democratic Strategist.

The New Yorker Goes Nuclear

In this week’s New Yorker (subscribers only), Hendrik Hertzberg wades into an issue that has taken up increasing bandwidth in our climate and energy debates: nuclear energy. Weighing nuclear power’s virtues against its drawbacks, Hertzberg concludes:

Republicans love [nuclear energy] anyway – perhaps because it annoys environmentalists, perhaps on its merits. But they don’t love it as much as they hate taxes, which is how they view cap-and-trade. Obama’s willingness to give nukes a chance won’t win him many of their votes. “It won’t cause Republicans to support the national energy tax,” a spokesman for Mitch McConnell, the Senate Minority Leader, said. But it might win a few of those among them who don’t hate taxes (and science) enough to dismiss global warming as an elaborate hoax. Carl Pope, the executive chairman of the Sierra Club, has said that Obama’s nods to nuclear “may ease the politics around comprehensive clean-energy and climate legislation, but we do not believe that they are the best policy.” But the best, as often happens in our sclerotic political system, may not be among the available choices. As we stumble our way toward an acceptable approach to energy and climate change, the merely good might be the best that we can get.

Its support notwithstanding, Hertzberg’s piece still traffics in the same fear-mongering about nuclear energy’s safety record that has hindered its expansion for decades. “The nuclear industry is one whose record for safety and transparency is very far from spotless, and reviving it will require, besides big spending, nanny-state levels of government regulation,” Hertzberg writes.

In fact, the nuclear industry’s safety culture is so strong that working in the nuclear industry is actually safer than working in manufacturing. Considering the alarmist rhetoric surrounding nuclear energy safety, it might surprise most Americans to know that not one person has died or been injured from a nuclear-related incident in the U.S. (Three Mile Island, that ominous symbol of nuclear risk, did not actually lead to any adverse health or environmental effects.) According to the Nuclear Regulatory Commission (NRC), plant safety performance since Three Mile Island has improved exponentially, with the average number of significant reactor events over the past 20 years dropping to nearly zero. Meanwhile, the average number of times that nuclear plant safety systems have had to be activated – a good index of safety performance – is one-tenth of what it was 22 years ago.

What about Vermont Yankee, the nuclear plant in the Green Mountain State that was recently shut down by its legislature after tritium was detected in nearby groundwater? While such events demonstrate for some critics the unreliability of nuclear, one could argue it actually shows the improved vigilance and monitoring at nuclear plants – and the continuing hysteria among public and politicians over even small amounts of radiation. According to NRC Chairman Gregory Jaczko, such leaks – which have been found at other plants – do not constitute a public health threat. “In the grand scheme of radiation, it is well down the scale,” Jaczko said last month, “but in the area of public perception, it takes on greater significance.” According to an NRC study in 2009, “These pipe leaks have been of low significance with respect to public health and safety and the environment.” Moreover, the Environmental Protection Agency has called tritium one of the least dangerous radionuclides because it emits low levels of radiation and leaves the body quickly. (For more perspective on the health effects of the Vermont tritium leak, check out this post from Rod Adams’ indispensable Atomic Insights blog.)

Hertzberg’s piece adds one more voice to a growing chorus of acceptance among liberals that nuclear energy needs to be a part of the energy mix if we are to address climate change. There’s no getting around it: We need to stop using coal and replace it with low- and non-carbon emitting sources. Wind and solar will certainly have a role in that transformation, but they simply can’t be scaled up to meet our energy needs at the moment or for the next couple of decades. Nuclear, on the other hand, is here, it works, and it doesn’t emit carbon. Based on those facts, one would expect a stronger push from progressives eager to battle climate change. But in the current climate, grudging acceptance might be the best that we can get.

Trading Up

For the past year, U.S. Trade Representative Ron Kirk has been the Obama administration’s equivalent of the Maytag repairman—a capable official with nothing to do. That is about to change.

As part of a broader push for job creation, the president yesterday unveiled an ambitious strategy for doubling U.S. exports over the next five years. Key elements include $2 billion more in export financing, an easing of export technology controls and a new Cabinet office to promote sales of U.S. products abroad. Obama also picked W. James McNerney, CEO of Boeing—one of America’s export champions—to chair the President’s Export Council.

The flurry of activity around trade is belated but welcome, since surging exports have been one of the few sources of job growth lately. It may also put to rest lingering doubts about Obama’s commitment to expanding trade.

During the 2008 campaign, candidate Obama sounded economic nationalist themes and indulged in ritual NAFTA-bashing. He even vowed to reopen that treat to get a better deal for U.S. workers, deeply alarming Canada and other trading partners worried about mounting protectionist sentiment in the United States.

But if Obama’s new push is reassuring to pragmatic progressives, anti-trade activists are donning their battle gear. Lori Wallach, president of Global Trade Watch, recently told Bloomberg News that the Obama administration must deal with the import side of trade to create U.S. jobs and increase innovation.

Obama yesterday invoked America’s economic travails to short-circuit a family squabble among progressives over trade. “We are at a moment where it is absolutely necessary for us to get beyond those old debates…Those who once would oppose any trade agreement now understand that there are new markets and new sectors out there that we need to break into if we want our workers to get ahead.”

In another positive development, House New Democrats this week released a trade agenda of their own. It emphasizes support for small business exports, the need to crack down on intellectual property theft, and, echoing a key PPI theme, the strategic benefits of expanding trade and economic opportunity across the Middle East.

Both the president and the New Dems call for efforts to rekindle progress on the stalled Doha round of global trade talks, and perhaps most controversially, for closing the deal on pending bilateral trade agreements with South Korea, Colombia and Panama. This is bound to provoke a reaction from anti-trade Democrats who see trade as a threat to U.S. jobs and wages. They have a powerful ally in the new House Ways and Means Chairman, Rep. Sandy Levin, a longtime trade skeptic.

Trade is not a panacea for America’s job woes. But as Obama and the New Dems understand, lowering foreign barriers to trade is integral to any credible strategy for U.S. economic growth and innovation. It’s also essential for the United States to resume leadership in forging a rules-based global trading system to keep everyone honest and prevent countries from adopting mercantilist strategies.

Finally, and most important for the long-run, boosting U.S. exports is also critical to re-balancing the global economy. Just as we export more and import less, Asian export powerhouses, especially China, need to import more and spur domestic consumption. Obama’s trade initiative is a small but vital first step toward moving world flows of trade and finance toward a sustainable equilibrium.

False Friends

Today’s big whoop in the manic conservative drive to kill health care reform is a Washington Post op-ed by Pat Caddell and Doug Schoen urging Democrats to abandon reform and work with Republicans on “bipartisan” proposals like “purchasing insurance across state lines, malpractice reform, incrementally increasing coverage,” and so on and so forth.

Now normally I don’t like to get into the motives or personality of people making political arguments, but in this case it’s unavoidable. The only reason anyone on earth is paying any attention to the views of Caddell and Schoen on this subject is that, as they note prominently in the WaPo piece, they used to work as pollsters for Democratic presidents (Schoen for Clinton, though it was really his business partner, Mark Penn, who had the White House account, and Cadell way back in the Carter administration). But the impression they give of being good Democrats who have finally spoken out in exasperation at the folly of health care reform is completely false. Schoen has never been much of a loyal Democrat; his latest enthusiasm has been encouraging a third party. And Caddell has a history of cranky eccentricity dating back at least a few decades. As Jon Chait points out, both of them have become fixtures on Fox News recently.

They are entitled to their opinion like anyone else, but Schoen and Caddell should check their worn-out Party Cards at the door before they write a piece repeating Republican talking points on health care reform.

This item is cross-posted at The Democratic Strategist.

Texas Revisionism

When we last checked in on the Texas textbook wars, the craziest advocate on the state School Board for rewriting American history was a dentist named Don McLeroy, who had become so embarrassing that he faced a Republican primary challenge from a more conventional conservative. The good news is that McLeroy lost, albeit very narrowly. The bad news is that he remains on the Board for ten more months, and as James McKinley explains in the New York Times today, McLemore and the conservative bloc he leads on the Board is going for the gold in imposing its revisionist views on the school children of the Lone Star State (and many other states, given Texas’ outsized clout in the textbook market).

Check this out:

Dr. McLeroy still has 10 months to serve and he, along with rest of the religious conservatives on the board, have vowed to put their mark on the guidelines for social studies texts.

For instance, one guideline requires publishers to include a section on “the conservative resurgence of the 1980s and 1990s, including Phyllis Schlafly, the Contract with America, the Heritage Foundation, the Moral Majority and the National Rifle Association.”

There have also been efforts among conservatives on the board to tweak the history of the civil rights movement. One amendment states that the movement created “unrealistic expectations of equal outcomes” among minorities. Another proposed change removes any reference to race, sex or religion in talking about how different groups have contributed to the national identity.

Don’t know if the instruction on the important role of the NRA will include in-class Eddie Eagle appearances, but it wouldn’t surprise me. The revisionism does not, of course, only pertain to relatively current events:

References to Ralph Nader and Ross Perot are proposed to be removed, while Stonewall Jackson, the Confederate general, is to be listed as a role model for effective leadership, and the ideas in Jefferson Davis’s inaugural address are to be laid side by side with Abraham Lincoln’s speeches.Early in the hearing on Wednesday, Mr. McLeroy and other conservatives on the board made it clear they would offer still more planks to highlight what they see as the Christian roots of the Constitution and other founding documents.

“To deny the Judeo-Christian values of our founding fathers is just a lie to our kids,” said Ken Mercer, a San Antonio Republican.

The new guidelines, when finally approved, will influence textbooks for elementary, middle school and high school. They will be written next year and will be in effect for 10 years.

It’s long been a common ploy for Christian Right advocates to insist on the “Christian roots of the Constitution” as a way to marginalize the church-state-separatist legacy of Jefferson and Madison, and limit the protection of religious liberty to Christians (and we are talking about people with a rather rigid view of what constitutes a “Christian,” with the President of the United States or pro-choice Catholics often not qualifying). The elevation of Confederate leaders into a position of moral equivalency with Lincoln also has an old and unsavory history, as anyone who grew up in the Jim Crow South (as I did) can tell you. But it’s arguably not surprising to see such travesties gain ground in a state whose current governor has been known to flirt with antebellum theories of nullification and absolute state sovereignty.

This item is cross-posted at The Democratic Strategist.

Devil’s Advocate

Today’s strange quasi-political news is that Tiger Woods has turned to former Bush press secretary Ari Fleischer to help manage public relations for his comeback to the professional golf tour. Fleischer last made national news by becoming the spokesman for college football’s Bowl Championship Series, and earlier represented Mark Maguire and (as they were getting rid of quarterback Brett Favre) the Green Bay Packers, powerfully unpopular clients all.

Ari’s rise to become the hottest ticket in toxic waste management ranks right up there with AIG’s bonuses as a talking point for those who argue that the world is ruled is operated by a malevolent demiurge rather than a just God. But perhaps, as he showed in the White House, he does have a unique talent for combining mediocrity with mendacity, and can protect his embattled clients by boring the news media into submission by repeating lies in a manner designed to induce a trance-like stupor.

This item is cross-posted at The Democratic Strategist.

FCC Can Win a Supporting Role Nod on Broadcast TV Fees

So I wasn’t the only one who thought the FCC dropped the ball in its dealing with the carriage fee kerfuffle over the weekend—some of the nation’s largest cable and broadcast companies have sent a letter to the FCC to that effect.

In a petition filed with the FCC, Time Warner Cable, Verizon Communications, Cablevision and advocacy group Public Knowledge said that regulations governing transmissions from broadcasters to subscription-television providers are outdated and warned that last weekend’s standoff between Cablevision and Walt Disney Co. will be repeated unless the FCC issues new rules. They also called on regulators to assign an arbitrator during stalled negotiations and to require broadcasters to maintain their signals if talks break down.

Updating technology and media legislation is a perennial issue in an era where rules are oftentimes obsolete as soon as they’re spelled out. But it’s rare that you see industry players go to the government and ask to be regulated further. In this case, the FCC should take them up on the offer.

The most immediate benefits will come from the willingness of both broadcasters and cable companies to submit to arbitration, and the signal maintenance requirement. The debate between broadcasters and cable companies is broadly not one of principle, but of money. This negotiation lends itself readily to arbitration, as both sides are not facing an all-or-nothing choice, but seeking a middle ground is reached on fee pricing. Arbitration means that they will find that middle ground faster.

In the off chance that they can’t find that middle ground in time for a “major television event” (whether it be the Oscars, a bowl game, or the 24 season finale), the signal maintenance requirement means that consumers wouldn’t be the loser if talks broke down. Agreeing to extend exiting contracts an additional couple of days is much less costly to either party than the damage done by angering customers in a fiasco like last Sunday’s Oscar-fest.

The FCC should take this opportunity to work with industry—and not impose a solution on them—on a negotiation framework that will be as big a hit with consumers than Sandra Bullock’s role in The Blind Side was with the Academy of Motion Picture Arts & Sciences.

Can Charlie Crist Switch and Survive?

One of the more interesting ongoing spectacles this year has been the crashing and burning of Republican Florida Gov. Charlie Crist, the once invincible political titan who now appears destined to lose, perhaps badly, a U.S. Senate primary to conservative Tea Party favorite Marco Rubio. Initially, Rubio was considered more or less a nuisance candidate who would keep Crist from straying too far off the conservative reservation. Now, according to a new PPP poll of Florida Republicans, Rubio is trouncing Crist 60-28.

Echoing earlier complaints among Florida Republicans that Crist should have just run for re-election, there’s been talk that the heavily tanned incumbent might switch to the governor’s race (qualifying doesn’t end until April 30). Others have suggested he should get some revenge on conservatives by staying in the Senate race but running as an independent. At 538.com, Nate Silver explores these alternatives, and concludes that Crist should probably either hang it up or run for the Senate as an indie, assuming he’s not interested in a future in the GOP. Turns out switching to the governor’s race isn’t promising:

The same PPP poll that found Crist trailing Rubio by 32 points also found him trailing Bill McCollum, the leading Republican candidate for governor, by 14. That’s not quite as bad a deficit to overcome, but it doesn’t account for the additional annoyance voters might feel if Crist switched races, which could come across as entitled and presumptuous. In addition, the general election could get tricky, as Crist’s approval ratings are tepid and as Democratic candidate Alex Sink — although now trailing McCollum in most polls — is considered a decent candidate.

On the other hand, says Nate, some polls have shown Crist running reasonably well as an indie against Rubio and likely Democratic Senate candidate Kendrick Meek, essentially creating a three-way tie.

Either “switch” by Crist, it’s clear, would be good news for Florida Democrats, giving them a better chance in November while promoting GOP ideological warfare.

But Charlie probably owes it to his dwindling band of friends in the GOP to make up his mind soon. In neighboring Georgia, the news that U.S. Sen. Saxby Chambliss and Gov. Sonny Perdue are hosting an Atlanta fundraiser for Crist has not gone over very well in Georgia Republican circles. If Crist is perceived as double-crossing Florida Republicans, he will become truly radioactive for all who have touched him.

This item is cross-posted at The Democratic Strategist.

Win Dixie

As we all understand, Republicans are about to have a pretty good election in November. Much of the GOP excitement revolves around congressional races that could unseat “red-state” Democrats who won during the 2006 or 2008 cycles, along with a number of incumbents (some of whom have decided to retire) who have been around much longer. Ground zero for the Republican tsunami is, of course, the Deep South, where in some areas John McCain did better in 2008 than George W. Bush did in 2004, and where every available indicator shows the president to be very unpopular among white voters.

But beneath this storyline, some odd and counterintuitive things are going on. In three Deep South states, Georgia, Alabama, and South Carolina, Democrats have a decent chance of retaking long-lost governorships, in part because of infighting among Republican candidates, and in part because Republican rule in those states has not been terribly successful or popular. It’s far too early to make predictions, but it’s possible that we’re in for a repeat of the astounding gubernatorial Trifecta that Democrats pulled off in those same three states in 1998. That event confounded widespread assessments that the South had become a one-party GOP region, and it could happen again, in even more unlikely circumstances.

Our own appraisal begins in Georgia, with one of the surprise winners of 1998, former Governor Roy Barnes. Barnes lost his reelection bid in 2002 to Sonny Perdue, a party-switching state senator, despite the power of incumbency and a huge financial advantage. Since then, Barnes has regularly admitted his mistakes. And, amazingly enough, in the latest Georgia gubernatorial poll, he’s running ahead of every single Republican candidate.

Meanwhile, Georgia Republicans, who have dominated state politics since 2002, are having some serious problems with their own gubernatorial bench. The consistent frontrunner in the polls, longtime insurance commissioner John Oxendine, is awash in ethics allegations about contributions from the insurance companies that he is responsible for regulating. His record is so blatantly bad that none other than Erick Erickson, the Georgia-based proprietor of the nationally influential, hard-core conservative web site RedState, has said he’d vote for Barnes if Oxendine is the GOP nominee.

Rather pathetically, the alternative to Oxendine and the favorite of some party insiders is Representative Nathan Deal of Georgia’s Ninth District (like Perdue, a party-switcher), who recently said he would resign his congressional seat after a health care vote to concentrate on his gubernatorial campaign. As it happens, Deal’s resignation managed to short-circuit a House Ethics Committee investigation into a no-bid state auto-salvage contract that was awarded to a company which Deal controls. The insider buzz in Atlanta is that Deal was motivated to resign, in part, because of panic among Georgia Republican pooh-bahs who worried that Oxendine would walk away with the gubernatorial nomination on name ID alone.

The rest of the Republican gubernatorial hopefuls are struggling as well. The entire party, and several of the gubernatorial candidates, were tainted by association with disgraced former House Speaker Glenn Richardson, who was forced to resign after a lurid sex-and-lobbying scandal. The one candidate who seems ethically starchy, Secretary of State Karen Handel, has struggled to raise the money necessary to win, and also suffers from the perception that she’s the unpopular Sonny Perdue’s chosen successor.

All these Republican problems could eventually fade, and Roy Barnes must also navigate a Democratic primary against Attorney General Thurbert Baker, a law-‘n-order conservative who is one of the nation’s longest-serving African American statewide elected officials (as well as two other lesser but credible opponents). Nevertheless at present, Barnes—or Baker, if he could somehow upset Barnes—looks entirely viable for November.

Next door in Alabama, you’d think that the Democratic gubernatorial frontrunner, Congressman Artur Davis, wouldn’t stand a chance. He’s a member of the much-hated United States Congress; he’s African American; he’s a close personal friend of Barack Obama; and he’s frequently been tagged, like the president, as an Ivy League-educated, twenty-first-century–style black politician. But the sparse public polling available shows Davis in a very strong position for the general election, assuming that he dispenses with a primary challenge from state agriculture commissioner Ron Sparks, who’s been struggling to raise money. Davis, who has long nursed gubernatorial ambitions, carefully tailored his congressional record to Alabama public opinion: He voted against health care reform in the House, and he was also the first Congressional Black Caucus member (and, for that matter, the first one on the Ways and Means Committee) to call for Charlie Rangel to step aside from his powerful chairmanship.

Meanwhile, there is no real frontrunner in the Republican gubernatorial primary, which bids fair to become an ideological flame war. Back in 2002, the “establishment” candidate, state Senator Bradley Byrne, made the fatal mistake of voting for a-tax reform initiative that was soundly defeated in an emphatic expression of Alabamians’ mistrust of government. Tim James, son of former conservative Democratic and Republican Governor Fob James, was one of the main opponents of that initiative, and he will bring it up constantly. Meanwhile Christian Right warhorse Roy Moore, the famous “Ten Commandments Judge,” is actually running second to Byrne in early polls. All of the dynamics in the race will pull the GOP candidates to the hard-right, while Artur Davis continues to occupy the political center; and his candidacy will almost certainly boost African American turnout to near-2008 levels. That means anything could happen in November.

South Carolina is often thought of as the most Republican of Southern states. But Mark Sanford, the disgraced incumbent governor, has complicated his party’s prospects. Meanwhile, an ideological civil war is brewing that reflects the growing tension between the state’s two Republican senators, right-wing bomb thrower Jim DeMint and the more moderate Lindsey Graham (Graham, long suspect among home-state conservatives for his friendship with John McCain and his occasional bipartisanship, has recently been formally censured by two of South Carolina’s county GOP organizations for a variety of sins). As in Georgia and Alabama, the Republican gubernatorial field is a mess: Nobody is a frontrunner and all the candidates are stampeding to the hard right. And I do mean hard right. In a sign of the times, Lieutenant Governor Andre Bauer, who has few friends in the state’s Republican establishment, delivered a speech comparing recipients of subsidized school lunches to “stray animals” who should no longer be fed unconditionally. While he took a few shots from fellow Republicans for his indiscreet language, nobody disputed, and some praised, his basic premise that any form of public assistance corrupts its recipients and should come with some sort of reciprocal obligation.

The frontrunners in early polls are Bauer and Attorney General Henry McMaster. Upstate Congressman Gresham Barrett, who must overcome the opprobrium of voting for TARP, is close behind. Meanwhile, Sanford’s protégé, state Representative Nikki Haley (who was even endorsed by the governor’s ex-wife), is trying to push the campaign hard right by opposing any expenditure of federal stimulus dollars in this high-unemployment state. At a recent candidate forum, when the rivals were pushed to call themselves “DeMint Republicans” or “Graham Republicans,” Bauer and Haley flatly identified with DeMint, while McMasters and Barrett dodged the question.

On the Democratic side, a Rasmussen poll in December showed the front-running Democrat, State School Superintendent Jim Rex, actually beating Bauer and running within single digits against other GOP candidates. (State Representative Vincent Sheheen is also a credible Democratic candidate). Again, anything could happen, but the assumption that Republicans have a lock on this state’s elections is as dubious as the same assumption back in 1998.

So, at a time when Democrats are despairing of good news, it’s important to understand that the donkey isn’t quite dead, even in the Deep South. There are consequences to Republican extremism and malfeasance in office. And, when GOP candidates battle for first place on the crazy train of contemporary conservatism, it’s Democrats who stand to benefit.

This item is cross-posted at The Democratic Strategist.

Blue Dogs Only Chasing Their Tail

It often seems that Blue Dog Democrats, along with a handful of Senate moderates, are the only people in Washington who are serious about fiscal responsibility. Chasing the will-o-the-wisp of a balanced budget amendment, however, seems more likely to distract from than advance that essential cause.

The idea is seductively simple: The only way to restrain deficit spending in Washington is to make it unconstitutional. That’s how the states keep their books balanced, and there’s no reason the federal government shouldn’t do the same.

In fact, there are several. Consider that today’s federal deficit is about 12 percent of GDP. It’s going to go down as the economy recovers, but the spending and tax adjustments that would have to be made to get it all the way down to zero would be unduly draconian and disruptive. Also, unlike state mandates, a federal balanced budget amendment for accounting reasons would not distinguish between capital investment and consumption. But government borrowing to invest in public infrastructure or higher education, for example, makes economic sense, because it will generate more economic activity and amortize itself over time.

What’s more, the federal government acts as the nation’s fiscal safety valve, or strategic reserve. During severe economic downturns, the only way many states can provide services while preserving their fiscal virtue is to get counter-cyclical assistance (or revenue sharing) from Washington. A constitutional ban on deficits could prevent Washington from responding to emergencies of all kinds.

In truth, we don’t need a balanced federal budget — we need a disciplined federal budget. Congress would be better off adopting Sen. Mike Bennett’s (D-CO) sensible suggestion that federal deficits be held first to four percent, then to three percent of GDP each year. At that level, they’d be gradually whittled down by economic growth, and the government could borrow without swelling the national debt.

A balanced budget amendment, moreover, is a blunter instrument than we need to deal with overspending and undertaxing in Washington. It doesn’t hone in on the real problem, which is the automatic and unsustainable growth in entitlement spending. A better idea, from the Brookings-Heritage Fiscal Seminar, is to bring Medicare, Medicaid and Social Security on budget, which would require Congress to periodically reconcile income and spending to keep the programs solvent.

Finally, a balanced budget amendment is just too damn difficult to enact. Congress has to approve Constitutional amendments by a two-thirds vote, well nigh inconceivable given how hard it is to muster the 60 votes needed to break a filibuster. Then three-fourths of the states would have to approve an amendment.

Demanding a balanced budget amendment thus is more of a symbolic gesture than a real solution to America’s fiscal crisis. Recall that it was a key plank in the GOP’s 1994 Contract with America, but Republicans quickly lost interest once they won control of Congress. Nonetheless, Newt Gingrich has endorsed the amendment in a bid to recapture the old magic for this year’s midterm elections.

Unlike the Republicans, of course, the Blue Dogs have real street cred when it comes to fiscal rectitude. They fought successfully to resurrect “pay go” rules that require Congress to offset new spending with tax hikes or budget cuts. And key Blue Dog leaders like Rep. Jim Cooper (D-TN) have led the charge for a bipartisan commission to get entitlement spending under control.

It’s vital, though, that progressive deficit hawks not let the holy grail of a constitutional amendment deflect them from the gritty, day-to-day battles in Congress to get America’s exploding deficits and debts under control.

A Wake Up Call on National Security

Democracy Corps and Third Way continue to hit on a theme I’ve been pushing for the last few weeks. Despite the president’s solid poll numbers on security, the organizations’ research shows that the historic national security gap is reappearing. Just after the president’s inauguration, the gap had closed to well within the margin of error. In early 2009, Democrats trailed Republicans by just three points on the question of which party was better equipped to “keeping America safe.” But in a new survey, Republicans now trump Democrats by 17 points. Ouch.

The poll digs much deeper than most polls, which traditionally lump in questions of national security with a slew of other issues. But this one is a full psychoanalysis of the country’s mood on our safety, and the results are more of a mixed bag than a downright nightmare for progressives. The president maintains stronger national security numbers than his overall approval rating (47 percent), with 58 percent approving of his handling of Afghanistan, 57 percent positive on “leading the military,” and 55 percent liking that he’s “improved America’s standing in the world,” among other similarly positive numbers.

Furthermore — and this is great — the poll continues to confirm that the public rejects accusations by Dick Cheney that Obama’s policies have made the country less secure. Oh yeah, and five percent believe Obama is doing a better job than George Bush against terrorists.

To sum up, the public approves of the commander-in-chief, but they’ve again become skeptical of generic Democrats. Or as the authors put it:

While ratings for the president may be softening, his party is facing an even more troubling trend. When the questions move beyond the president to Democrats generally, we see that the public once again has real and rising doubts about the Democrats’ handling of national security issues, as compared to their faith in Republicans. This security gap, which has roots stretching back to Vietnam, was as wide as 29 points earlier in the decade. The deficit began to close in 2006, with the Bush administration’s catastrophic mismanagement of Iraq and other national security challenges.

How do we firm this up? Basically, grab the ol’ bull by the horns, just like I’ve been blabbering on about. Seriously — Dems have a good record, now they just have to relay it through effective story-telling that connects with voters’ emotions. Progressives have been sheepishly responding to conservative attacks with wonky facts. But conservatives don’t care about facts — they painted Max Cleland, a Vietnam vet and triple amputee, as unpatriotic. Now that progressives have the facts behind them, they need to get aggressive about telling voters that we’re strong and smart on national security.

More On ObamaCare/RomneyCare

Here’s something to tuck away in your files on both health care reform and 2012 presidential aspirant Mitt Romney, from Tim Noah at Slate (via Jon Chait). Looking at Romney’s new pre-campaign book, Noah observes:

Romney’s discussion of health reform is, from a partisan perspective, comically off-message. (How could he know what today’s GOP message would be? He probably finished writing the book months ago.) Remove a little anti-Obama boilerplate and Romney’s views become indistinguishable from the president’s. They even rely on the same MIT economist! At the Massachusetts bill’s signing ceremony, Romney relates in his book, the late Sen. Ted Kennedy, D-Mass., quipped, “When Mitt Romney and Ted Kennedy are celebrating the same piece of legislation, it means only one thing: One of us didn’t read it.”

Noah goes on to mix up some Obama and Romney quotes on health care reform, and challenges the reader to say which is which. Can’t be done.

Back in January, I predicted that Romney’s sponsorship of health care reform in Massachusetts might turn out to be a disabling handicap in a 2012 presidential race, given the shrillnesss of conservative rhetoric about features in Obama’s proposal that are also in Romney’s–most notably, the individual mandate.

Something happened since then, of course, which has been of great value to Romney in protecting his highly vulnerable flank on health reform: Scott Brown, another supporter of RomneyCare in Massachusetts, became the maximum national GOP hero and set off to Washington to try to wreck Obama’s plans. That meant that not one, but two major Republican pols would be promoting ludicrous distinctions between RomneyCare and ObamaCare as though they were actually vast and principled.

But I can’t see this illogical brush-off as working forever. If the Mittster does crank up another presidential campaign, fresh media attention will be devoted to his record and “philosophy” on health care. And more importantly, Romney’s rivals in a presidential race won’t for a moment give him a mulligan on the issue the GOP has defined as all-important. Mitt’s “socialism” in Massachusetts will eventually re-emerge as a big, big problem for him, and arguments that it was just state-level “socialism” won’t quite cut it in a Republican Party that’s moved well to the Right since the last time he ran for president. Before it’s over, they’ll make it sound like he’s the reincarnation of Nelson Rockefeller, money and all.

This item is cross-posted at The Democratic Strategist.

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