Bayh: Filibuster Must Be Reformed

Last week, Evan Bayh came under fire from some progressives for leaving the Senate and likely handing his seat to a Republican in conservative Indiana. But this weekend, some of those same critics have some kinder words for the Indiana senator.

Bayh wrote a lengthy op-ed for the New York Times taking on a subject that’s been very much on the minds of Democrats these days: the filibuster. After offering some suggestions to improve cross-party relations, he presents some concrete proposals to end the abuse of filibusters:

For this reason, filibusters should require 35 senators to sign a public petition and make a commitment to continually debate an issue in reality, not just in theory. Those who obstruct the Senate should pay a price in public notoriety and physical exhaustion. That would lead to a significant decline in frivolous filibusters.

Filibusters should also be limited to no more than one for any piece of legislation. Currently, the decision to begin debate on a bill can be filibustered, followed by another filibuster on each amendment, followed by yet another filibuster before a final vote. This leads to multiple legislative delays and effectively grinds the Senate to a halt.

What’s more, the number of votes needed to overcome a filibuster should be reduced to 55 from 60. During my father’s era, filibusters were commonly used to block civil rights legislation and, in 1975, the requisite number of votes was reduced to 60 from 67. The challenges facing the country today are so substantial that further delay imperils the Republic and warrants another reduction in the supermajority requirement.

These are good ideas. Having sat in the Senate for 11 years now, Bayh has had a courtside view of the transformation of the filibuster into a tool for obstructing routine business by a minority party determined to grind government to a halt. As the chart below (from Norm Ornstein) demonstrates, the number of cloture motions to end filibusters took a dramatic jump in the 110th Congress:

Keep in mind: that chart only goes up to the end of the previous Congress. Updated through this one, it won’t look much better.

When Bayh announced his retirement, there was some skepticism about his stated reason for leaving, which he said was an increasingly dysfunctional Senate that prevented public problems from being solved. If you care so much, some said (with justification), why don’t you stay there and fix it? Well, it seems Bayh was, in fact, serious about his concerns. And now, it looks like he’s using the attention that his retirement has attracted to shine a spotlight on a procedural tactic that’s impeding our government’s ability to govern. If he keeps up the pressure and builds momentum toward an enduring fix of the filibuster, then that’ll be quite the twist to this drama: Evan Bayh had to leave the Senate to save it.

CPAC: Delighted to Be United?

The annual Conservative Political Action Committee conclave in Washington got underway yesterday, and it’s not surprising there’s a tone of excitement bordering on triumphalism as the participants celebrate both the Democratic Party’s political troubles and the rightward lurch of the GOP. Much of the press coverage of the event will revolve around this weekend’s traditional straw poll of attendees on their preferences for the 2012 presidential nomination (which usually favor potential candidates who show up to speak at CPAC; this year it’s Mitt Romney, Tim Pawlenty and Rick Santorum, but not Sarah Palin or Mike Huckabee).

But underneath the surface is a complex dance between old-school conservatives who served in or lionized the Bush-Cheney administration, and a newer breed that purports to despise the Bushies as sellouts. The Washington Independent’s Dave Weigel is covering CPAC will a keen eye on that dance, dramatized by the surprise appearance of Dick Cheney and a few nostalgic references from the podium to Bush’s superiority to Obama:

Conservatives who winced at the Bush-Cheney record were out in force, but serious disagreement with the back-to-Bush conservatives was hard to find. Two years ago, Ron Paul’s presidential campaign was lacking a booth in the CPAC exhibit hall until Mitt Romney dramatically quit the presidential race and opened up space for their back-to-1776 brochures. This year, Paul’s Campaign for Liberty occupied a larger section of the exhibit hall than any group except the NRA, with reams of fliers, copies of Young American Revolution magazine (with an illustration of Paul taking the presidential oath on the cover)….

The once-extreme obsessions of Paul’s fans bled into the rest of the convention. They were present in speeches from mainstream figures like Romney, and they were present in lectures that filled large rooms to overflowing. Tom Woods, the author of “The Politically Incorrect History of the United States” and a sometime ghostwriter for Paul, spoke to a packed room on the subject of nullifying federal laws.

In most respects, it’s probably safe to say that the oldsters have quickly moved towards the Ron Paul revolutionaries and some of the hard-core Christian Right cultural warriors, not to mention the Tea Party Movement which features elements of both. After all, the one thing that most unites all of them, other than hatred of Obama, is retroactive opposition to TARP and the other “bailout” policies initiated by Bush (with Bush’s Medicare Rx drug entitlement ranking a close second). Cheney complicates the picture, since his ferocious national security and civil liberties stances remain very popular with many of the conservatives who now denounce Bush administration domestic policies (though not with the Paulists, of course).

Still, there are plenty of ideological tensions on the contemporary Right, even if they tend to be muted at gloat-and-attack-fests like CPAC. You have to wonder how many of the attendees who cheered Mitt Romney’s attacks on Obama have really forgiven him for championing a Massachusetts health plan that’s eerily similar to what they all savage as “ObamaCare.”

Ideological fault lines tend to get exposed and widened in presidential nominating contests. No matter who wins the straw poll this weekend, it’s likely that the 2012 battle for the GOP nomination will show that the post-Bush pirouette-to-the-right of the Republican Party and the conservative movement wasn’t as elegant as it looks at CPAC.

Photo credit: https://www.flickr.com/photos/hadesigns/ / CC BY-NC-ND 2.0

The World Without Obama

If you’ve been watching the cult TV show “Lost,” then you’re familiar with the concept of parallel universes. That is, alternate realities in which history turned out differently, because people made different decisions.

It’s a useful concept when it comes to thinking about President Obama’s current predicament. On a variety of fronts, the Obama administration is suffering from an inability to show Americans the parallel universe in which its past policies were not enacted — and the future that will result if its current proposals bite the dust.

That’s most obviously true with the early, fateful decisions to continue TARP and bail out the auto companies. They arguably averted the collapse of the global financial system, the virtual extinction of consumer and business credit, and 1930s levels of unemployment (especially hard-hit would have been the upper Midwest). Nevertheless, no matter how often the president tells us his actions kept a deep recession from developing into a Great Depression, it remains an abstract proposition for the people who are currently unemployed. The same is true for the 2009 economic stimulus package, which virtually all experts, public and private, credit with saving about two million jobs. The continued job losses reported each month make it hard to claim that one has succeeded by avoiding even greater unemployment.

The problem of “proving a negative” is even more daunting when it comes to prospective policy proposals. Critics savage Obama for a health care plan that doesn’t do enough to limit costs. Obama responds that health care costs are going up anyway, without a plan. But it’s not easy to convince people that the status quo is riskier than a large and complicated series of changes in how Americans obtain health insurance. That’s why the White House has made such a big deal out of Anthem Blue Cross’s gargantuan premium increases for individual policyholders in California. It is, they argue, a sign of where the status quo is headed absent reform. They do not, unfortunately, have such a convenient example that will help them explain the need for climate-change legislation, as conservatives, stupidly but effectively, cite this winter’s heavy snowstorms as disproof for the scientific consensus about global warming trends.

There is one way to deal with Obama’s dilemma. Although it’s difficult to prove that American life under the president’s policies is better than life without them, it should be easier to point to another parallel universe: life under Republican policies. But such an effort requires a basic strategic decision. Should Democrats point back to the reality of life under George W. Bush, which most people remember pretty vividly, and simply say today’s GOP wants to “turn the clock back”? Or should they focus on current Republican proposals, such as they are, which in many respects make Bush policies look pretty responsible? It’s hard to take both tacks simultaneously, since the extremism of contemporary Republican politics is in no small part motivated by a determination to separate the GOP and the conservative movement from association with that incompetent big spender, Bush, who failed because he “betrayed conservative principles.”

It appears the White House is increasingly inclined to take the second, forward-looking approach to highlighting the GOP’s desired alternate reality, rather than the first, backward-looking one. As much as some Democrats wail about the “bipartisanship” rhetoric that surrounds Obama’s outreach to Republicans, which he’s employed while challenging them to direct debate over health reform and economic recovery, the president’s main intention is clear. He wants to force the opposition to help him present voters with a choice between two specific courses of action — or simply admit that their strategy is one of pure gridlock, obstruction, and paralysis (which, as my colleage J.P. Green has pointed out, spells “G.O.P”).

The stake that Obama and the Democrats have in convincing Americans to consider these parallel universes couldn’t be much higher. This November, if voters remain fixated on the current reality, rather than the terrible alternatives, then the midterm elections really will be a referendum on the status quo and its Democratic caretakers. Explaining life as it would be without Obama, and as it could be under Republican management, is not easy. But Democrats must do it or face catastrophe at the polls.

This item is cross-posted at The Democratic Strategist.

Obama’s Deficit Commission

The present era of polarization may have reached its nadir on January 25, 2010. That was the day Senate GOP leader Mitch McConnell led a filibuster to kill a deficit reduction commission — something he’d loudly demanded earlier. All it took was President Obama’s endorsement to turn McConnell and the six Senate Republicans who co-sponsored it against the bill.

Senate Republicans, have you no shame? Well, keep in mind that this is the same gang that’s now posturing as the saviors of Medicare, which Obama proposes to cut to help pay for health care reform.

Undeterred by the flight of the GOP’s fiscal chicken hawks, President Obama today unveiled an 18-member special commission to tackle the nation’s budget crisis. Named to lead the panel were Democrat Erskine Bowles, chief of staff to President Clinton, and former Senate Republican leader Alan Simpson.

It’s easy to be cynical about such “blue ribbon” commissions. They are supposed to signal that political leaders are serious about solving intractable problems, but often convey the opposite — a craven desire to punt tough decisions to retired dignitaries who don’t have to face the voters.

And setting up a commission by executive order is distinctly inferior to enacting one into law, since the president can’t compel Congress to give his panel’s recommendations an up-or-down vote. Speaker Nancy Pelosi has offered distinctly unenthusiastic assurances that the House will consider the commission’s suggestions.

Still, such commissions are sometimes the only way to break a political impasse — recall the 1983 Greenspan Commission for Social Security reform, or the congressionally mandated military base-closing commission. Such action-forcing mechanisms give politicians just enough bipartisan cover to embolden them to vote for reforms everyone knows are necessary if unpopular.

In a bow to political reality, the president’s commission will report its recommendations after the midterm election, before the end of the year. Presumably, that will tee up the debate for the next Congress, while giving the economy this year to gain strength and whittle down the unemployment rate.

That’s the right timing, and it belies claims by Obama’s liberal critics that highlighting the urgent need to put America on a more sustainable fiscal course is antithetical to economic recovery. After all, only about $300 billion of Obama’s $800-plus stimulus package has been spent, and Congress is crafting a jobs bill intended to give a smaller but more targeted boost to employment.

But here’s what really irks Obama’s critics on the left: they see the commission setting the stage for an assault on entitlement programs. They are not entirely wrong: it’s the unsustainable growth of Medicare, Medicaid, and Social Security that’s driving America’s long-term fiscal woes. But progressives ought to have more confidence in Obama’s ability to take a balanced approach to reforming the Big Three. It’s better, and safer, to do that now rather than risk handing off the job to some future Republican president who may be hostile to the idea of social insurance.

The president’s commission must do what lawmakers in Washington won’t — craft a balanced program of benefit cuts and tax increases to slow the growth rate of health and retirement benefits and move them toward solvency. Otherwise, those programs will consume the equivalent of every penny Washington now raises in taxes, necessitating unprecedented tax hikes, or borrowing at levels that will jeopardize America’s growth and fiscal stability.

But the commission shouldn’t just look at the Big Three, it should also look at the federal government’s massive spending on tax entitlements. Washington spends over $1 trillion a year on tax breaks and subsidies, including such popular items as the mortgage interest deduction and exclusion of employer-paid health benefits, crop subsidies, and a raft of special bennies for politically influential industries, aka, corporate welfare. There are also lots of important breaks for low-income Americans, like my own favorite, the earned income tax credit. All of these tax expenditures have rationales and constituencies, none should be regarded as sacrosanct.

This will raise hackles among Republicans, just as talk of benefit cuts (which should be focused on upper income beneficiaries) makes Democrats nervous. Both the left and the right will have to give ground to cut a responsible, and politically sustainable, deal that can restore out nation’s fiscal health.

Where Have All the GOP Moderates Gone?

Peter Beinart has a must-read in Time on the rise of what he calls “vicious-circle politics”: the Republican strategy of using government gridlock and failure to win control of government. Beinart points out that GOP obstructionism in the Obama era has its roots in the Gingrich Congress, when congressional Republicans turned into an art form the use of polarization to stymie government and make the case to a frustrated public that they needed to evict the party in power.

He tracks its origins to the “great sorting-out,” the post-’60s alignment of party, region, and ideology that purified both parties, with conservative Democrats from the South and moderate Republicans from the North gradually switching sides.

But it wasn’t until the Republicans were knocked out of power in the 1990s that vicious-circle politics became an active GOP strategy. Beinart writes:

In the Clinton years, Senate Republicans began a kind of permanent filibuster. “Whereas the filibusters of the past were mainly the weapon of last resort,” scholars Catherine Fisk and Erwin Chemerinsky noted in 1997, “now filibusters are a part of daily life.” For a while, the remaining GOP moderates cried foul and joined with Democrats to break filibusters on things like campaign finance and voter registration. But in doing so, the moderates helped doom themselves. After moderates broke a 1993 filibuster on campaign finance, GOP conservatives publicly accused them of “stabbing us in the back.” Their pictures were taken off the wall at the offices of the Republican Senate campaign committee. “What do these so-called moderates have in common?” conservative bigwig Grover Norquist would later declare. “They’re 70 years old. They’re not running again. They’re gonna be dead soon. So while they’re annoying, within the Republican Party our problems are dying.”

In Clinton’s first two years in office, the Gingrich Republicans learned that the vicious circle works. While filibusters were occasionally broken, they also brought much of Clinton’s agenda to a halt, and they made Washington look pathetic. In one case, GOP Senators successfully filibustered changes to a 122-year-old mining act, thus forcing the government to sell roughly $10 billion worth of gold rights to a Canadian company for less than $10,000. In another, Republicans filibustered legislation that would have applied employment laws to members of Congress — a reform they had loudly demanded.

With these acts of legislative sabotage, Republicans tapped into a deep truth about the American people: they hate political squabbling, and they take out their anger on whoever is in charge. So when the Gingrich Republicans carried out a virtual sit-down strike during Clinton’s first two years, the public mood turned nasty. By 1994, trust in government was at an all-time low, which suited the Republicans fine, since their major line of attack against Clinton’s health care plan was that it would empower government. Clintoncare collapsed, Democrats lost Congress, and Republicans learned the secrets of vicious-circle politics: When the parties are polarized, it’s easy to keep anything from getting done. When nothing gets done, people turn against government. When you’re the party out of power and the party that reviles government, you win.

In the Obama era, with the congressional Republican caucus smaller and purer than it has been in a long time, the GOP has pursued vicious-circle politics on steroids. It’s a depressing — and depressingly familiar — picture that Beinart paints.

While Beinart acknowledges that Democrats might one day use the same strategy to stonewall a Republican administration, he notes correctly that the tactic fits better in the GOP playbook: “Winning elections by making government look foolish is a more natural strategy for the antigovernment party.” That observation raises another frightening prospect: absent filibuster-proof majorities, can major legislation only pass now with a Republican administration and Congress? Because all the moderates are now on the Democratic side, and because progressives — moderate or liberal — are less likely to see gumming up the works as a desirable end in itself, is it possible that only Republican-driven initiatives that could get moderate support will be the only way major legislation gets passed?

Beinart offers some solutions to break the vicious circle: opening more primaries to independents (like in New Hampshire); more Crossfire-style programs to counteract the ideological ghettoization on cable news; more Ross Perots who can light a fire under both parties to break the gridlock.

Whether you think them effective or not, those proposals will take years to enact. The Democrats need to govern now. And here’s the thing: they can. There are 18 more of them in the Senate, over 70 more of them in the House — not filibuster-proof, but certainly enough to get some things passed through reconciliation. Here’s what it all boils down to: In the face of a unified opposition bent on making sure they don’t get anything done, will Democrats band together, fight back, and govern proudly? Or will they shrink from the challenge and, in fact, get nothing done?

“Moderates” and “Independents”–Not the Same Thing

One of the frustrating things about contemporary political analysis is the frequency with which key terms get used in a very sloppy manner that reflects highly biased or inaccurate assumptions. A perpetual example is the use of “independent” and “moderate” as interchangeable words for unaffiliated voters. Tom Jensen of Public Policy Polling explains why this can be so misleading:

One of the media mistakes that drives me the most nuts is when ‘moderates’ are conflated with ‘independents.’ This is most commonly a foible of TV news.Democrats are in trouble with independents right now. They are not, however, in trouble with moderates.

Independents as a group of voters are somewhat conservative leaning. Our last national poll found that 56% of independents were moderates but that among the rest 33% were conservatives to just 11% liberals. Overall independents were planning to vote Republican for Congress this year by a 40-27 margin. But break that out a little further and while conservative independents are tending toward the GOP by a 68-7 margin moderate independents are tied up at 33. And among all moderates — since moderates continue to identify more as Democrats than Republicans — Democrats lead 46-31 on the generic ballot.

It’s a similar story when it comes to moderates and independents and Barack Obama’s approval rating. Independents are split 48/48 on Obama. But moderates approve of him by a 62/34 margin.

Now there are also inherent problems with conducting political analysis based on self-identification of party or ideology; many “conservative” independents actually favor progressive policy views but call themselves conservatives for some essentially non-political reason; and many “independents” are actually reliable partisans who don’t like to be thought of as such. But if you are going to use such terms, Jensen is right, it’s important to keep them straight. And in terms of current political conditions, people who consider themselves “moderate” don’t seem to think President Obama is some crazy socialist.

This item is cross-posted at The Democratic Strategist.

The Mount Vernon Statement: The Fifty-Year Reunion

A variety of luminaries representing various “wings” of the conservative movement joined together today near George Washington’s Mount Vernon home to sign—with appropriately atavistic flourishes—a manifesto they are calling the Mount Vernon Statement. The allusion made in the title is to the 50-year-old founding statement of the long-forgotten ‘60s right-wing youth group Young Americans for Freedom, the Sharon Statement (so named because it was worked out at William F. Buckley’s estate in Sharon, Connecticut). And that best illustrates the insider nature of the whole exercise, since most rank-and-file conservatives have probably never heard of YAF and don’t much need manifestos to go about their political business.

Three things immediately strike the reader about the document itself: (1) it’s very abstract, with no policy content at all; (2) it’s overtly aimed at reviving the old-time “fusionism” of economic, cultural, and national-security conservatives; and (3) it’s overlaid with Tea Party-esque rhetoric about terrible and longstanding threats to the Constitution. It’s sort of like a 50-year high school reunion at a homecoming game (which fits, because the statement was released on the eve of this year’s Conservative Political Action Committee conference in Washington).

It’s the third aspect of the document that’s most peculiar. Consider this passage:

In recent decades, America’s principles have been undermined and redefined in our culture, our universities and our politics. The self-evident truths of 1776 have been supplanted by the notion that no such truths exist. The federal government today ignores the limits of the Constitution, which is increasingly dismissed as obsolete and irrelevant.

Hmmm. This has happened in “recent decades,” not just during the Obama administration. And ‘smatter of fact, that’s true: the landmark Supreme Court cases that paved the way for the expansion of the federal government to its current scope of responsibilities date back at least to the civil rights era, and in some respects, to the New Deal and even earlier.

That’s interesting in no small part because most of the original signatories of this document were powerful and enthusiastic participants in the political and policy enterprises of several Republican administrations that made robust use of expanded federal power—most notably the administration of George W. Bush, which championed virtually unlimited executive powers, aggressive preemption of states laws that were thought to hamper businesses, and extensive limitations on individual liberty. In addition, the choice of the estate of the notorious isolationist George Washington to issue a manifesto that endorses a foreign policy of “advancing freedom and opposing tyranny in the world” is a mite strange, as Daniel Larison has pointed out.

Still another anomaly is the Family Research Council’s Tony Perkins signature on a document that does not mention the rights of the “unborn” or “marriage” or “traditional families.” But you figure he was bought off by the reference to the Declaration of Independence as virtually coequal to the Constitution as a founding document, and presenting “self-evident truths based on the laws of nature and nature’s God.” This is Christian Right code for suggesting that natural law and biblical principles, which conservatives interpret to mean things like bans on abortion and homosexual behavior, have been incorporated into the Constitution.

All in all, this statement represents an effort by yesterday’s and today’s hard-core conservative establishment to stay together and try to be relevant to the political discourse in an era in which the Republican Party is considered dangerously liberal, and the Constitution is thought to clearly ban everything “liberals” espouse. We’ll see how this works out for them.

Do Americans Hate Free Speech?

Looking for a “wedge issue” that will separate Republican politicians and interest groups from their rank-and-file, and from independents?

Check out this newly released finding from the most recent ABC/WaPo poll:

Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll. Eight in 10 poll respondents say they oppose the high court’s Jan. 21 decision to allow unfettered corporate political spending, with 65 percent “strongly” opposed. Nearly as many backed congressional action to curb the ruling, with 72 percent in favor of reinstating limits.

The poll reveals relatively little difference of opinion on the issue among Democrats (85 percent opposed to the ruling), Republicans (76 percent) and independents (81 percent). …

Nearly three-quarters of self-identified conservative Republicans say they oppose the Supreme Court ruling, with most of them strongly opposed. Some two-thirds of conservative Republicans favor congressional efforts to limit corporate and union spending, though with less enthusiasm than liberal Democrats.

What makes this finding so interesting, of course, is that Republican politicians and conservative intellectuals have fallen over themselves praising the Citizens United decision not just as a Good Thing, but as a heaven-sent vindication of First Amendment free speech rights. This is particularly true of the solon who is supposedly well on his way to becoming Majority Leader of the United States Senate, Mitch McConnell of Kentucky, who said of the decision:

Any proponent of free speech should applaud this decision. Citizens United is and will be a First Amendment triumph of enduring significance.

So I guess Mitch is saying that 80% of Americans don’t care much for free speech. And that may even be true if you think money talks.

The good news in this poll is that it shows a very strong base of bipartisan popular support for the legislative efforts of Sen. Chuck Schumer and Rep. Chris Van Hollen to fence off some of the more deplorable implications of Citizens United. But unfortunately, “fencing off” is about all Congress can do in the way of “reinstating limits” on political spending, which is what Americans manifestly want to happen. Unless Citizens United is actually overturned by a future Court (possible if Democrats hang onto the White House for a while) or a constitutional amendment (rarely a real option), the only practical counterweight to massive corporate political spending would be a system of public financing for congressional campaigns. It would have been nice if the ABC/WaPo pollsters had asked about that option. But I strongly suspect this isn’t exactly the best political environment for politicians to ask taxpayers to pay their campaign costs.

Still, the yawning gap between public opinion and the GOP on Citizens United should draw immediate and sustained attention from Democrats. And particularly at a time when the advantages of power in Washington have been so visibly minimized by structural obstacles, Democrats should open up a broader front in supporting political reforms. The status quo isn’t working for anyone other than those who don’t want government to work at all.

This item is cross-posted at The Democratic Strategist.

Culture Wars Live On In Texas

The CW these days is that with Americans having real (i.e., economic) problems to worry about, they’re no longer inclined to engage in “culture wars” over abortion, church-state separation, GLBT issues, etc. Aside from the rather insulting premise that struggles over personal freedom, equality, and for some combatants, the structure of the universe and the definition and meaning of human life are less important to people than real growth percentages, it’s not actually true. Cultural issues are less visible in Washington for the simple reason that Democrats control the congressional agenda (if not always the results), and are generally either uniniterested in or divided over cultural issues. (This doesn’t, of course, keep conservatives from claiming that health care reform legislation is actually designed to promote both abortion and euthanasia).

Outside Washington, however, the culture wars often rage on. For a good example, check out a long, fascinating piece by Russell Shorto that appeared in the the latest New York Times Magazine, on the Texas State School Board’s ongoing struggles over public school curriculum and textbook content.

As you may know, Christian Right leaders in the late 1980s, frustrated by the limited ROI from their involvement in national politics, encouraged their followers to run for local office, particularly school boards, in an effort to promote theocratic thinking from the ground up and from early childhood on. The bitter fruit of this strategy is most on display in Texas, where self-consciously Christian conservatives running as Republicans captured the State Board of Education in the late 1990s.

Shorto explains in detail how the Board’s Christian Right bloc pores over textbook content in periodic reviews, usually offering hundreds of amendments to recommendations made by expert panels (which are themselves being skewed towards theocratic views). He also notes that these activities have an impact far beyond Texas, since the state’s gigantic market heavily influences how textbook companies operate nationally. That the Christian Right bloc is interested in religio-political rather than educational goals is best exemplified by the presence on the Board of Cynthia Dunbar, who commutes once a week from Texas to Lynchburg, Virginia, to teach at the late Jerry Fallwell’s Liberty University School of Law. Among other things, Dunbar has publicly denounced the very existence of public schools, and said sending one’s children to them (she didn’t, of course) is like “throwing them into the enemy’s flames, even as the children of Israel threw their children to Moloch.” Just the kind of person you want supervising an entire state’s public schools.

Most interestingly, Shorto demonstrates that the ultimate goal of the Christian Right bloc on the Board goes well beyond such headline issues as the teaching of “scientific creationism” or church-state separation hot buttons. They are mainly, as Dunbar puts it, focused on embuing students’ understanding of American history and law with a “biblical worldview.” That means, in practice, emphatically teaching such distinctly non-biblical principles as “American exceptionalism” (which for these folks means America’s divine mission to Christianize the world, by military means if necessary), limited government, and absolute property rights. It’s a very political–one might even say secular–agenda that happens to coincide nicely with the long-range agenda of the secular as well as the religious Right. And it’s an excellent example of how in Conservativeland cultural and economic issues cannot be neatly separated. If God’s a hard money man, an anti-tax activist, and a neocon, then the whole idea of a “Christian Nation” has implications significantly broader than municipal Christmas creches, or even abortion and LGBT equality.

Shorto suggests that the extremism of the Texas State School Board has been controversial even among conservative Republicans, and points to a Republican primary challenge to Board member Don McLeroy (a dentist whose especially heavy hand with science textbooks led to his removal as Board chairman by the state senate) on March 3 as a bellwether:

If Don McLeroy loses, it could signal that the Christian right’s recent power surge has begun to wane. But it probably won’t affect the next generation of schoolbooks. The current board remains in place until next January. By then, decisions on what goes in the Texas curriculum guidelines will be history.

I’d say McLeroy’s defeat, if it happens, is more likely to produce a shift in Christian Right tactics than any real loss of power. But I’ll probably be watching his numbers on March 3 as avidly as I watch the gubernatorial primary battle between Tea Party favorite Rick Perry and U.S. Sen. Kay Bailey Hutchiston. In good times and bad, the culture wars abide.

This item is cross-posted at The Democratic Strategist.

Evan Bayh Packs It In

It is to Evan Bayh’s enormous credit that he never settled comfortably into the Washington political scene. His decision to pack it in, after 12 years, is a loss to his party, and even more to his country. Most of all, it’s a withering rebuke to Congress, which seems to have lost the knack for governing.

If anyone could have been expected to make a seamless transition to the national political stage, it was Bayh, the handsome, dutiful son of former U.S. Senator Birch Bayh. But from his arrival here in 1998, Bayh seemed frustrated with the ideological and partisan hothouse that is contemporary Washington.

Maybe that’s because Bayh was a popular, two-term governor of Indiana who built a solid record of progressive reform in a fairly conservative state. He isn’t the first ex-governor to bring an executive temperament to Congress, only to feel stymied in an institution where partisan power struggles and the evasion of hard choices often trump public problem-solving.

Bayh nonetheless has distinguished himself as a leader of his party’s pragmatic wing, as a former chairman of the Democratic Leadership Council and key organizer of an influential group of centrist Senate Democrats. In the Senate, he has championed the economic prospects of working Americans, like the many who have lost jobs in Indiana’s troubled manufacturing sector. He has been a stalwart for fiscal discipline, echoing the Jeffersonian view (best articulated by John Randolph of Virginia) that elected officials should spend every public dollar as if it were their own. And Bayh has filled a critical vacuum in the Democratic Party for credible, tough-minded voices on national security and foreign policy.

Bayh’s earnest centrism and refusal to put partisanship over considerations of national interest have not endeared him to the Democratic left. Some self-appointed commissars of ideological correctness are even saying “good riddance” to the Indiana Democrat. This is monumentally dumb.

If Democrats want to become the nation’s majority party again, it can only be as a broad coalition of pragmatic centrists and liberals, including a large dollop of the independent voters who have been drifting away from the party since the 2008 election. However overrepresented they may be in the chattering class, liberal purists constitute less than a quarter of the national electorate.

In fact, Democrats should worry plenty about Bayh’s decision. With the midterm election looming, the last thing they want to do is give the impression of a party hostile to pragmatic centrists and independents who have similar views. And the departure of a serious, public-spirited leader of Bayh’s caliber can only deepen the public’s jaundiced view of Congress.

“There is too much partisanship and…too much narrow ideology in Washington,“ Bayh said in explaining his decision not to seek reelection. “Even at a time of enormous national challenge, the people’s business is not getting done.”

That’s right, and it’s a big problem for the governing party.

Photo credit: https://www.flickr.com/photos/marcn/ / CC BY 2.0

Bayh and the Median Voter

The big political news from the President’s Day weekend was the surprise retirement announcement of Indiana Democratic Sen. Evan Bayh. According to reports, the decision was so sudden that even some staff members were taken by surprise.

The peerless Nate Silver has come up with an analysis of what this means for Democrats:

Of the 59 Senate Democrats in the current Congress, he was the 2nd most conservative after Ben Nelson, according to the DW-NOMINATE database. Nevertheless, because he comes from a fairly red state, Bayh was reasonably valuable to his party, ranking about in the middle of the pack among all Democratic Senators based on his roll call votes.

Throughout his career, Bayh has come under fire from the left for his resolutely centrist positions. But such criticisms almost always leave out the political context in which moderates like him operate. As Silver points out, Bayh was representing a generally conservative state (it’s R+5 according to the Partisan Voting Index) in which the chances of a Democrat being elected are about 40 percent. And yet, according to Silver’s analysis, Bayh’s voting record was actually more liberal than the Indiana norm.

Complain all you want about his unreliability as a Democratic vote, but the fact is that Bayh was to the left of the median voter in his state. Considering the constituency that he had to represent, Bayh was actually a relatively valuable member of the Democratic caucus. Of course, it’s not impossible for Democrats to run a more liberal, populist candidate in Bayh’s place who could win. But the likelier possibility, especially in this environment, is that a Republican far more conservative than the incumbent will take the seat, and an iffy vote for Democrats now becomes a reliable “party of no” vote.

“[T]he fact is that over time, the median voter theorem tends to prevail, and that electing someone slightly to the left of center is usually a win for the liberal party in a slightly-to-the-right-of-center jurisdiction,” Silver concludes. That seems obvious, but it’s a lesson that progressives tend to forget. Indeed, Bayh’s departure has been met by cheers of “Good riddance!” from some progressives. If the objective is to make the progressive tent a little smaller and the conservative one a little bigger, then yes, good riddance indeed.

A Better Glimpse at the Tea Party Movement

Finally, someone has taken a public opinion survey that provides something better than a vague, distant glimpse of the Tea Party movement. A new CBS/Times poll drills down below the surface and reveals that the movement is not exactly the vastly popular political behemoth we have been led to believe it is. And it’s mostly composed of conservative Republicans and conservative independents who never liked Barack Obama to begin with, who dislike him now with an unusual intensity, and who have policy views that are well to the right of national public opinion.

The poll shows 18 percent of Americans identifying themselves as Tea Party supporters, with fully 43 percent saying they don’t know enough about it to have an opinion, or have never heard of it at all. (In a separate question, 55 percent of respondents say they know “nothing” or “not much” about the movement). There’s no straightforward report of party ID among tea partiers, but the composition of the various partisan components indicates they are roughly two-thirds Republicans, one-third independents, with a very small smattering of Democrats. For all the talk of tea partiers being equally hostile to both major parties, 62 percent of them have a favorable view of the GOP, while only nine percent have a favorable view of the Democratic Party. Eighty percent have an unfavorable opinion of President Obama.

Are tea party enthusiasts anti-corporate “populists” who could theoretically be attracted to a more left-bent, populist Democratic Party? Doesn’t look like it, since tea partiers are much more likely than Americans as a whole to oppose increased bank regulations, and nearly twice as likely to think Obama is prejudiced in favor of poor folks (not a compliment, given their general hostility to him). They are also much, much less likely to attribute the federal budget deficits they hate so much to the Bush administration. Nearly half of them erroneously believe the Obama administration has already raised taxes (again, not a good thing in their eyes).

There’s a lot more we could learn about tea partiers from a more detailed survey of their opinions on economic and cultural issues, and for that matter, on foreign policy. Since the activist-leadership of the movement includes both Ron Paul veterans and Christian Right culture-warriors, there may be less unanimity on some subjects.

But the more I learn empirically about these folk, the more I’m inclined to my original feeling that they are mostly very conservative 2008 McCain-Palin voters who have been radicalized by various events of the last two years. They are not anything new under the political sun, aside from the intensity of their beliefs, including counter-factual beliefs such as the conviction that Barack Obama has raised their taxes. As such, they mainly represent a force pushing the Republican Party to the right, which is where the Republican Party was headed anyway.

This item is cross-posted at The Democratic Strategist.

Photo credit: https://www.flickr.com/photos/hadesigns/ / CC BY-NC-ND 2.0

A Proposed Compromise on the Filibuster

Ezra Klein links to a Slate article by Ben Eidelson that, I think, is quietly devastating to the idea that the Senate filibuster has somehow destroyed the democratic process. Eidelson shows that from 1991 to 2008, in the typical successful filibuster, the senators behind the filibuster (i.e., opposing the cloture motion) represented states comprising 46 percent of the U.S. population. If filibustering Senators represented 51 percent of the population, then we would conclude that the typical successful filibuster was supported by senators representing a majority of Americans. In that case, at least by small-r republican principles, the filibuster would protect the will of the majority.

Forty-six percent is not 51 percent, of course. But here’s another way of thinking about the effect of the filibuster. It could be argued that, to account for the fact that most Americans’ views on most issues are only weakly held, we should have a higher threshold for legislation passing than support by a simple majority of senators, or even support by enough senators to represent a simple majority of Americans. Instead, for legislation to pass, we might decide that enough senators representing 55 percent of Americans should support the legislation. If that were the procedural guideline, then on average, the way the filibuster has worked has been consistent with that guideline.

For the practice of the filibuster when Republicans have been in the minority to be consistent with a procedural guideline, the rule would have to be that enough senators to represent 60 percent of Americans should support the legislation (see Eidelson’s table). Interestingly, however, despite the greater use of the filibuster among Republicans, in Eidelson’s data Republican minorities had an average of 20 successful filibusters per Congress, compared with 16.6 successful filibusters per Congress by Democratic minorities. That’s a fairly small difference, although the current Congress is not included in these figures.

Unlike most progressive bloggers, I remain ambivalent about the filibuster. Eidelson’s data shows that Republican filibusters are much more likely to be anti-majoritarian than Democratic filibusters (even if they are not dramatically anti-majoritarian). He proposes as a compromise, replacing the 60-vote rule for cloture votes with a 55-vote rule, which historically would have eliminated most successful Republican filibusters while retaining most successful Democratic ones. Another compromise that’s consistent with small-r republicanism and small-d democracy that might be more palatable to Republicans would be to implement instead something like a 55-percent-of-the-population rule for cloture votes (while still requiring a majority of senators too). This would set a higher threshold for support than simple majority-senator-rule, would ensure that small-state senators could not thwart the preferences of senators representing a solid majority of Americans, and would not have such dramatically partisan consequences compared with a 55-vote rule (meaning it would have a better chance of being implemented).

High Noon in Tehran

Iranians are bracing for violent clashes in the streets of Tehran today, the Islamic Republic’s 31st anniversary. Both the government and the opposition Green Movement are calling for demonstrations to mark the occasion.

Reza Aslan, a PPI friend and contributor, says the regime’s increasingly brutal crackdown on domestic dissent has brought Iran to the verge of civil war. Other observers fear a Tiananmen Square-style massacre that could cripple the democratic opposition, which flared up after last summer’s rigged elections.

Meanwhile, Iran’s rulers are promising rude surprises for their external critics, too. President Mahmoud Ahmadinejad warns of a “telling blow” Thursday, while Ayatollah Ali Khamenei, the supreme leader, threatens a “punch” for the United States and other countries that have worked to end Iran’s nuclear program.

Such cryptic belligerence no doubt reflects the regime’s desire to distract the world’s attention from its increasingly shaky position at home. The mullahs’ old tactic of whipping up paranoia and striking defiant poses against supposed U.S. or Western plots is wearing thin. A broad cross-section of Iranian society seems focused instead on the Islamic Republic’s metamorphosis into an Islamic police state.

“The Islamic Republic is nothing but an economic-religious-military complex that applies its coercive power not through political institutions but through a military and security apparatus under the direct supervision of Ayatollah Khamenei,” said Mehdi Khalaji of the Washington Institute for Near East Policy at a congressional hearing last week. No “engagement” with opponents for this regime; instead, it has unleashed its vast security apparatus on Iranian society. Scores of anti-government protestors have been killed and hundreds more imprisoned. Prominent regime opponents have been subjected to totalitarian-style show trials, and the government has announced plans to execute nine protesters. The government is relentless in policing the internet, jamming foreign broadcasts and blocking contacts with the outside world.

Ahmadinejad underscored his contempt for global opinion last weekend in announcing that Iran will begin enriching uranium to higher levels, bringing it much closer to fuel that can easily be “weaponized.” He also threatened, implausibly, to build 10 more nuclear plants over the next year. In any case, Ahmadinejad’s latest antics should have been an embarrassment to China, which has been blocking tougher sanctions because, it claims, the regime is ready to deal on enrichment.

How should the United States react to these and coming provocations? Not by intensifying efforts to “engage” the regime in talks focused narrowly on the nuclear dispute. Washington needs to broaden its angle of vision to encompass the Iranian people’s struggle for freedom and democracy. Twice before, in 1953 and 1979, America failed to side with such popular aspirations, sacrificing our own ideals to the logic of superpower rivalry. It was a bad bargain then, and we can’t afford to make the same mistake again.

Leaders of the Green Movement have made it clear they neither expect nor need America’s help in their struggle. But without offering direct support to democratic reformers, the United States should be more vocal in defending human rights in Iran. And, together with our European partners, we should justify stricter sanctions on human rights grounds as well as nonproliferation.

And as Khalaji noted, “The threat to regional peace and Iranian democracy are the same: the Islamic Revolutionary Guard Corps (IRGC).” The Corps is in charge of Iran’s nuclear program, and is Khamenei’s chief instrument for political suppression. It also funnels Iranian aid and arms to extremist groups such as Hamas and Hezbollah, as well as Shia militants in Iraq and other Sunni-majority countries.

Of course, Washington should keep probing for signs of Iranian tractability on the nuclear issue. But the United States should be wary of doing anything now -– either by overreacting to its bluster, or rushing to engage in high level talks –- that would boost the sagging prestige of the Iranian leadership and the IRGC. Over the long haul, political change inside Iran is our surest guarantee of safety.

Scott Brown for President? No Way.

A lot of dumb things get said in American political commentary, and I’ve undoubtedly said a few myself over the years. But one dumb thing that ought to be quickly exploded is the persistent talk that newly minted Republican Sen. Scott Brown of Massachusetts might run a viable campaign for the GOP presidential nomination in 2012.

Yes, Brown is a godlike figure to Republicans right now. Yes, various domain names connected with a Brown presidential run got snatched up the moment he won his Senate race. And yes, he’s the symbol of the “fresh faces” Republicans long for every time they look at the rather unexciting (or in the case of Sarah Palin, too exciting) field they will likely choose from in 2012.

But it ain’t happening. And that’s not because of his rather signal lack of experience since, as his fans love to point out, Barack Obama only had a year more of elected experience beyond the state senate when he was elected in 2008.

To mention the most important reason it ain’t happening: Brown is pro-choice. He explicitly opposes overturning Roe v. Wade, and in fact, his rhetoric on abortion is remarkably similar to that of the president. And this, boys and girls, has become an absolute disqualifier for Republican presidential prospects these days; just ask Rudy Guiliani. Or better yet, ask John McCain or Joe Lieberman, since McCain’s decision to put Lieberman on his ticket in 2008 was only abandoned when his advisors told him he’d face a potentially successful convention revolt if a pro-choice running-mate were chosen.

Sure, pro-lifers supported Brown’s Senate run, but there’s all the difference in the world between being a candidate in a blue state who can help disrupt Democratic control of the upper chamber, and being a candidate for national leader of the GOP and the person who makes Supreme Court appointments. Past Republican presidential candidates have gotten into trouble for failing to support a constitutional amendment recognizing fetuses from the moment of conception as “persons” endowed with full constitutional rights. Supporting Roe is an abomination to today’s GOPers; in a recent poll, self-identified Republican voters said they considered abortion “murder” by a margin of 76 percent to eight percent (nearly a third of them, in fact, want to outlaw contraceptives). This is not a negotiable issue.

If that’s not enough to convince you that Brown 2012 is a mirage, consider another problem: Brown was and remains an avid supporter of Massachusetts’ universal health plan, which is extremely similar to the national plan passed without a single Republican vote by the U.S. Senate. That wasn’t a problem for Brown in the Senate race; indeed, his main argument for his pledge that he would vote against any such bill in the Senate was that Massachusetts didn’t need help from the feds because they had already enacted the same reforms. But he’s still on record favoring a “socialist” scheme for health care, and specific items like an individual mandate for health insurance coverage, which most Republicans nationally consider unconstitutional, or perhaps even a form of slavery.

To be sure, this is a problem that Brown shares with Mitt Romney, who signed his state’s version of ObamaCare into law. But Romney has been inching away from the health plan since his 2008 presidential campaign, and will probably repudiate it entirely before long, while Brown’s hugs for the plan are very fresh.

Speaking of Romney: his own presidential ambitions are still another bar to a Brown candidacy. The Brown campaign kept the Mittster under wraps until Election Night, which was smart since Romney is not very popular in Massachusetts. But Brown’s political advisors are all Romney people, who presumably have some residual loyalty to their old boss. Will Romney, who probably first saw a future President of the United States in the mirror before entering kindergarten, step aside for this whippersnapper? Unlikely, and there’s definitely no room in a Republican presidential field for two socialized-medicine supporters from Massachusetts.

So you can forget about Brown for President in 2012, which will become apparent once he starts casting heretical votes in the Senate in order to position himself for a re-election run that same year. He clearly seems smart enough to understand that in 2012, he’ll be dealing with far less favorable turnout patterns, and can’t expect his opponent to run as feckless a campaign as Martha Coakley’s. Odds are, Democrats will run a candidate against Brown who has heard of Curt Schilling and doesn’t wait until the final week to run ads.

Photo credit: https://www.flickr.com/photos/dr_television/ / CC BY-NC-SA 2.0

Turning Coats

Some of you may remember that the very day after Scott Brown’s Senate victory in Massachusetts, Republicans began fantasizing about actually taking over the Senate this November, in no small part because former senator Dan Coats had announced he was coming out of retirement to take on the previously unassailable Democrat Evan Bayh in Indiana. Yeah, it was noted at the time that Coats had been living and voting in Virginia for the last decade, while working as a DC lobbyist, but GOPers figured Coats’ long political record in the Hoosier State would enable him to brush that off as a less-than-youthful indiscretion.

But since then, Indiana Democrats, accessing public records, have found out and loudly let it be known that Coats wasn’t just a lobbyist for banks and equity firms, but for foreign governments. He personally lobbied for India, but much more interestingly, his firm lobbied for Yemen. You know, Yemen, that al Qaeda stomping ground where “Christmas Day Bomber” Umar Abdulmutallab got his training.

Suffice it to say that Democrats have not kept this information to themselves. According to a piece in Politico today about the “nuking” of Coats:

“We just hit him with a freight train,” one Democratic official familiar with the anti-Coats effort said Monday. “It’s Politics 101: Frame the guy early.”

The effectiveness of the Democratic attack on Coats is probably best reflected by the fact that none of the Republicans previously in the race to challenge Bayh (including former U.S. Rep. John Hostettler, a fiery conservative) have pulled out. Coats’ proto-campaign has largely confined itself to whining about “mud” being thrown at their hero.

So maybe Republicans shouldn’t be quite so quick to mark Indiana down in the column of likely Senate wins this year.

This item is cross-posted at The Democratic Strategist.