Tag: Congressional Game of Chicken

Congressional Game of Chicken: Fixing Filibuster, Part III

Cross posted from The Stars Hollow Gazette

Ready or not, here it comes, filibuster reform. Or so says Senate Majority Leader Harry Reid:

WASHINGTON — Keeping with his post-election pledge to reform the filibuster, Senate Majority Leader Harry Reid (D-Nev.) on Tuesday proffered that changes to the rules of the upper chamber will be made, leaving it up to Republicans if they would like to participate. [..]

“There are discussions going on now [over filibuster reform], but I want to tell everybody here. I’m happy I’ve had a number of Republicans come to me, a few Democrats,” Reid told reporters Tuesday at his weekly press availability. “We’re going to change the rules. We cannot continue in this way. I hope we can get something that the Republicans will work with us on.”

“But it won’t be a handshake,” he added. “We tried that last time. It didn’t work.” [..]

Senate Minority Leader Mitch McConnell, who has repeatedly slammed Democratic efforts to reform the filibuster, was unmoved by Reid’s statement.

“Well, there is growing Democratic unease with breaking the rules to change the rules,” McConnell said later Tuesday at his weekly press conference. “I think it will be very difficult for that to come about. I think it will be bad for the Senate.”

McConnell added that in accordance with Senate rules, such an effort would require a 67-vote majority, and that Reid’s approach to make the changes with a simple 51-vote majority — a procedure that has been labeled a “nuclear option” by its opponents — would be “bad for the institution, bad for the country.”

It’s only breaking the rules if the other side does it. Otherwise it is perfectly within the rules on the first day of the new congress.

Sal Gentile, a staff member for MSNBC’s Up with Chris Hayes, writes:

If President Obama wants to get anything done in his second term, Democrats in the Senate will have to overcome one major obstacle: the filibuster.

In the last four years, Republicans have used the filibuster to prevent landmark pieces of legislation-such as the DREAM Act, the Paycheck Fairness Act and additional measures to stimulate the economy-from even reaching the floor for debate, let alone a vote. Republicans have shattered previous records for filibuster use, and the share of bills introduced in the Senate that have been passed has reached an all-time low. [..]

The filibuster has mutated over the years from a quirk of the Senate rules and an obscure procedural instrument-known mostly for so-called “lone wolf” filibusters like the one from the iconic film Mr. Smith Goes to Washington – to a routine impediment to legislative progress, a bludgeon used by the Republican minority to quash virtually any attempt by Democrats to govern. [..]

The proposed changes, which have the strong backing of Senate Majority Leader Harry Reid and nearly 51 Democratic senators, are also broadly endorsed by a wide range of Constitutional scholars and the public at large. A new Huffington Post/YouGov poll released Friday found that 65% of Americans favor tweaking the rules to require senators to debate a bill on the floor if they wish to block it from proceeding.

Even the man responsible for enforcing and administering the rules of the Senate endorsed some of the changes. In an interview on Up w/ Chris Hayes Saturday, Alan Frumin, who served as the parliamentarian of the Senate for nearly two decades until he retired last year, said he supported changes that would forbid senators from filibustering bills before they reach the floor for debate. Frumin also said he favored changes that would bar senators from blocking bills once those bills have passed the Senate and are ready to move to a conference committee with the House. [..]

The filibuster is nowhere mentioned in the Constitution, and many of the Founders argued forcefully against proposals that would have required more than 51 votes to pass legislation in the Senate. In 1788, for example, James Madison, known as the ‘Father of the Constitution,” wrote in Federalist No. 58 that requiring a supermajority in the Senate would “reverse” the “fundamental principle of free government.” Such a policy would empower special interests and make government “oligarchic,” Madison said.

“An interested minority might take advantage of it to screen themselves from equitable sacrifices,” Madison wrote, rather prophetically. “Or, in particular emergencies, to extort unreasonable indulgences.

Sen. Jeff Merkley, D-Ore., a leading advocate of filibuster reform, joined Up host, Chris Hayes for a discussion on the prospects of filibuster reform in the Senate. Adding the views are panel guests Alan Frumin, former Senate Parliamentarian and author of  “Riddicks Senate Procedure;” Akhil Amar, Yale Law School professor and author of “America’s Unwritten Constitution: The Precedents and Principles We Live By;” Victoria DeFrancesco Soto, MSNBC contributor, senior analyst at Latino Decisions and fellow at the LBJ School of Public Affairs at the University of Texas-Austin; and Richard Arenberg, co-author of “Defending the Filibuster: The Soul of the Senate.”

Busting the Filibuster

Congressional Game of Chicken: Fixing Filibuster, Part II

Cross posted from The Stars Hollow Gazette

Jon Walker at FDL Action was pretty miffed at this editorial in the Los Angeles Times regarding filibuster reform, especially this really stupid paragraph:

One response would be to eliminate the filibuster altogether. As a Senate rule, it can be changed by the majority party, and Democrats could eliminate it (though, of course, Republicans would almost certainly filibuster such a move). That, however, would also do away with the filibuster’s legitimate and historic place. Rather than eliminating the rule, the better approach would be to amend it in such a way as to preserve the ability for minorities to fight against one-party steamrolling while scaling back the filibuster’s capacity for obstructing everything.

Yikes! This is not only stupid, as Jon said, but it is wrong about how the Senate rules can be changed. Rules changes can’t be filibustered. While making such a rule change in the Senate would normally require a 67-vote majority, but when the Senate comes back into session in January, Democrats could use a set of procedural rules often called the “nuclear option” and pass the changes with a simple 51-vote majority. That scares the pants off the Republicans and had Senate Minority Leader Mitch McConnell blustering and making:

The Kentucky Republican said changing the filibuster – which was designed to protect the minority but has become a tool for constant gridlock in the modern Senate – would fundamentally alter how the Senate operates.

McConnell accused Democrats of trying to employ a “naked power grab.”

“In the name of efficiency, their plan is to use a heavy-handed tactic that would poison party relations even more,” McConnell said in a lengthy floor speech Monday. “In the name of efficiency, they would prevent the very possibility of compromise and threaten to make the disputes of the past few years look like mere pillow fights.”

Sen. McConnell was exaggerating since no one, not even Majority Leader Harry Reid, who said he “favors” filibuster, has suggested eliminating it entirely. But who would expect anything less than hyperbole from a man whose party has set a record for filibusters with over 360 since the Democrats came into the majority. But not to be outdone by their fearless leader other Republican senators voiced their objections in strongly worded terms:

Republicans are threatening even greater retaliation if Reid uses a move rarely used by Senate majorities: changing the chamber’s precedent by 51 votes, rather than the usual 67 votes it takes to overhaul the rules.

“I think the backlash will be severe,” Sen. Tom Coburn (R-Okla.), the conservative firebrand, said sternly. “If you take away minority rights, which is what you’re doing because you’re an ineffective leader, you’ll destroy the place. And if you destroy the place, we’ll do what we have to do to fight back.”

“It will shut down the Senate,” the incoming Senate GOP whip, Texas Sen. John Cornyn, told POLITICO. “It’s such an abuse of power.”

I’m not exactly sure how they would accomplish a “shut down” if the tool they’ve been using to shut down the senate is taken away from them or changed so that they can no longer obstruct the business that the majority was elected to do. After all for six years the Republicans, with Dick Cheney George W. Bush in the Oval Office, used the threat of the “nuclear option” to end any Democratic attempt at filibuster. Now the shoe is on the other foot and suddenly ending filibuster will destroy democracy.

We’ve been down this road before:

With the obstruction of a very united minority, there has been a great deal of debate about the filibuster and the reform of Senate Rule 22. In a New York Times op-ed, Former Vice President Walter F. Mondale, recalls how in 1975 when he was a Senator, the Senate voted to reduce the number of votes required to end filibuster from 67 votes, a super majority, to the current 60 votes. Clearly, he states this was not enough. Filibuster threats and cloture votes blocked legislation nearly 100 times in the 111th Congress.

Mr. Mondale argues that essentially, these rules abrogate the Constitution which only requires a 67 vote majority for the approval of treaties, “in all other instances it must be assumed that the Constitution requires only a majority vote”. In other words, many of the Senate rules are unconstitutional and could be done away with on a simple majority procedural vote under Parliamentary rules. That was the “[nuclear option ” that was used as a threat by the Republicans to force the Democrats to capitulate when they were in the minority.

One more time from me:

I have said this a number of times, the filibuster as it is currently being used to obstruct the Senate is unconstitutional. The Constitution is the supreme law of the land and cannot be abrogated by the Senate merely making a rule. The Vice President presides over the Senate and has a duty to make rulings on order and procedure when the Senate is in session. The Constitution provides for “one-person-one-vote” and “majority rules”, there is no mention of “filibuster”.

It is amazingly simple:

  1. During debate, a Republican Senator engages in a standard obstruction tactic, such as a hold, actual filibuster, or proposing numerous, non-germane Amendments.

  2. The Vice President, as Presiding Officer, rules that Senator’s hold, filibuster or spurious amendments out of order.

  3. The Senator who holds the floor, and had attempted the hold (filibuster, or amendments), could then appeal the decision of the Presiding Officer to the Senate as a whole.

  4. A simple majority (51) can then vote to uphold the ruling of the Presiding Officer that the hold (filibuster or amendments) were out of order.

 

This mechanism is not without precedent:

In 1975 the filibuster issue was revived by post-Watergate Democrats frustrated in their efforts to enact popular reform legislation like campaign finance laws. Senator James Allen of Alabama, the most conservative Democrat in the Senate and a skillful parliamentary player, blocked them with a series of filibusters. Liberals were fed up with his delaying tactics. Senator Walter Mondale pushed a campaign to reduce the threshold from sixty-seven votes to a simple majority of fifty-one. In a parliamentary sleight of hand, the liberals broke Allen’s filibuster by a majority vote, thus evading the sixty-seven-vote rule. (Senate rules say you can’t change the rules without a cloture vote, but the Constitution says the Senate sets its own rules. As a practical matter, that means the majority can prevail whenever it decides to force the issue.) In 1975 the presiding officer during the debate, Vice President Rockefeller, first ruled with the liberals on a motion to declare Senator Allen out of order. When Allen appealed the “ruling of the chair” to the full Senate, the majority voted him down. Nervous Senate leaders, aware they were losing the precedent, offered a compromise. Henceforth, the cloture rule would require only sixty votes to stop a filibuster.

And what Jon said:

There is no legitimate reason for allowing the minority, the party which lost the recent election, to have a veto in the Senate. The founders never intended a Senate minority to have such awesome power over basic legislation. The Constitutions clear stated the few  very important issues that should require a super majority in the chamber, everything else was intended to be a simple majority vote.

The idea that without a filibuster a majority in the Senate is going to steamroll are system is laughable. A senate majority is already checked and balanced by the House, the President and the judiciary. If a party does manage to dominates multiple elections allowing them to full control, they should be able to enact the agenda they run on. That is how democracy are suppose to work.

The US Senate has always been the slow deliberative body, it was not the intent of the Founders that it become bogged down to a halt by the minority misusing a rule that is probably not even constitutional in the first place. Sen. Reid was far too trusting of the duplicitous Republican leadership at the start of the 112th congress when he accepted their “gentlemen’s agreement”, shutting down the reform proposed by Sens. Tom Udall (D-NM) and Jeff Merkley (D-OR). The Republicans are not to be trusted.

I’m with Jon. It’s time the Senate ended the obstruction and put an end to Rule 22 altogether. Neither the Senate or the world will end and our elected officials will get back to governing.

Congressional Game of Chicken: Recess Appointment A Dilemma

Cross posted from The Stars Hollow Gazette

President Obama’s recent exercise of his constitutional authority to make recess appointments to the new Consumer Financial Protection Bureau and filling vacancies the National Labor Relations Board has created some dilemmas for himself and congressional Republicans. Republicans, of course, will continue to block confirmation of any Presidential appointee but are split as to how to address President Obama’s dismissal of the sham “pro forma” sessions and his four recess appointments.

With the appointment of Jack Lew as Chief of Staff, there is now a vacancy to head the Office of Budget and Management but the bigger issue may be the vacancy for a new director to the Federal Housing Finance Administration. That institution has been without a confirmed director for over two years, since David Lockhart left. The president is being pressured by the House Congressional Delegation from California to replace the Republican acting director of the FHFA, Ed DeMarco, who they say has been obstructing efforts to stem the housing market collapse and help keep owners in their homes. David Dayen at FDL News Desk reports that he is of two minds on DeMarco:

(DeMarco) has interpreted his mandate very narrowly. It’s a bad thing when he refuses to engage in principal reductions for troubled borrowers, even though that would make more money for Fannie and Freddie in the long run, because he doesn’t want to take the short-term financing hit. But it’s a good thing when he sues 17 banks over misrepresentations of the mortgages in the securities they sold to Fannie and Freddie, with the hope of forcing repurchases of those mortgage pools.

There have been signs that DeMarco is warming to a more activist stance. He agreed to the changes to HARP, which is more of a stimulus program than a program that will save homes, but which will allow expanded refinancing come March of this year on GSE-owned properties. Freddie Mac just initiated a program for a 12-month forbearance (where the borrower can skip payments) for unemployed borrowers, although Democrats maintain that not everyone eligible will receive that forbearance.

Most promisingly, DeMarco is considering a principal pay-down program put forward by a California Democrat, Zoe Lofgren, that would allow underwater homeowners with GSE loans to have their mortgage payments go entirely to equity for five years, waiving the interest payments. DeMarco said he would look into the idea back in October, and there have been leaks since then suggesting that principal pay-down would happen. However, there has been no final word, and officially FHFA “continues to evaluate” the Lofgren proposal, even though in a meeting with House Dems they promised an assessment within two weeks.

Meanwhile those poor Republican obstructionists have a headache, as Brian Buetler at TPMDC reports:

Scores of House Republicans have signed on to a non-binding resolution disapproving of Obama’s four winter recess appointments – Cordray, and three members of the National Labor Relations Board – all fodder for conservatives, who are furious about the existence of these agencies, let alone the recess appointments themselves.

“It’s astounding to me that the president is claiming these are recess appointments and within his authority, when Congress was not in fact in recess,” said Rep. Diane Black (R-TN) who authored the resolution. “These appointments are an affront to the Constitution. No matter how you look at this, it doesn’t pass the smell test. I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama.”

This creates an election-year dilemma for GOP leaders who may not want to make a big show of their opposition to the one person in Washington tasked with protecting consumers from predatory financial actors.

But with so many key vacancies, President Obama has his own dilemma headache, not just to make more recess appointments but how to do it:

[T]he breaks between the last week in January and the first week in August will be very brief ones. Which means that if Obama declines to use his recess appointment power in the next several days, he’ll have three options, none ideal: He can fight it out with Congress and push for regular confirmations; he can wait until August, when Congress goes home for over a month; or he can broaden the parameters of his own precedent, and use the recess appointment during brief one-week vacations between now and then.

Republicans will likely keep holding pro forma sessions during those breaks, challenging Obama to take things further than he already has. [..]

As far as the Constitution and the Senate rules are concerned, there wouldn’t be much difference between a recess appointment in, say, April, and the recess appointments he announced last week. But their public rationale for the January appointments wouldn’t really stand in April. And after attacking President Obama’s supposed power grab, Republicans would slip the precedent in their back pocket, to be deployed when they control the White House.

We shall see if the president has finally abandoned all hope of getting any bipartisan cooperation from the Republicans.

Congressional Game of Chicken: More Recess Appointments

Cross posted from The Stars Hollow Gazette

Greg Sargent at the Washington Post reports:

Obama is set to appoint Sharon Block, Terence Flynn, and Richard Grifin to the board – something unions have made a big priority for them in the new year. Senate Republicans have opposed the recess appointments to the NLRB on constitutional grounds, but unions charge that Republicans are only interested in rendering the agency inoperative.

Obama’s move, which will help energize unions in advance of the 2012 election, is yet another sign that he is determined to circumvent GOP opposition and make government functional again by any means necessary. It’s another sign that the White House and Dems have abanoned the illusion that anything can be done to secure bipartisan compromise with Republicans on the major items on Obama’s agenda.

From Think Progress:

All 47 Senate Republicans have warned Obama of a “constitutional conflict” should he choose to use his recess appointment powers – authority he is well within his right to use, as ThinkProgress’ Ian Millhiser noted yesterday – but it was Chief Justice John Roberts, a noted conservative, who said the president should make recess appointments to keep the NLRB functioning, as ThinkProgress reported in 2010.

Obama’s appointment of Block, Flynn, and Griffin is important, too, because it boosts the board’s membership to five, protecting its quorum even if member Brian Hayes follows through on his threats to quit. Preserving its right to quorum ensures that its rulings will not be thrown out on legal challenges, as more than 600 cases were by the Roberts Court in 2010.

Congressional Game of Chicken: Obama Ends The Farce

Cross posted from The Stars Hollow Gazette

It was announced by the White House that President Barack Obama will make a recess appointment of former Attorney General of Ohio, Richard Cordray to head the newly created Consumer Financial Protection Bureau (CFPB):

President Barack Obama installed Richard Cordray as head of the Consumer Financial Protection Bureau with a recess appointment today, testing the limits of his executive authority to fill the post without Senate approval.

Obama nominated Cordray to be the bureau’s first director in July, almost one year after enactment of the Dodd-Frank financial regulatory law creating the agency. Republicans blocked Cordray’s confirmation by the Senate last month. Putting him in the job today may set up an election-year court fight between the White House and Congress.

Even thought the Senate has been under Democratic control since 2006 when the tactic of pro forma session was first employed to keep President George W. Bush from making recess appointments to the bench, there have been questions by legal scholars about the constitutionality about their use. It has since been used to placate the Republicans in hopes of winning their cooperation, obviously to no avail.

Senate Majority Leader Mitch McConnell (R-KY) called President Obama move “arrogant”, saying that “Breaking from this precedent lands this appointee in uncertain legal territory, threatens the confirmation process and fundamentally endangers the Congress’s role in providing a check on the excesses of the executive branch.”

House Speaker John Boehner had a similar reaction calling the appointment an “extraordinary and entirely unprecedented power grab” by the president.

The legal precedent for these sessions is on very shaky ground. In a 1993 court case involving the Postal Service Board of Governors, Justice Department lawyers argued in court papers that presidents can make recess appointments when the Senate is out of session for more than three days.

The brief suggested that a president might lack that authority during shorter breaks. Pointing to the constitutional requirement that the Senate and House get one another’s consent before adjourning for more than three days, the Justice Department said the constitutional framers might not have considered shorter recesses to be significant.

“If the recess here were of three days or less, a closer question would be presented,” the Justice Department argued.

However, lawyers who advised President George W. Bush on recess appointments wrote that the Senate “cannot use sham ‘pro forma’ sessions to prevent the president from exercising a constitutional power.”

David Dayen at FDL points out the Constitutional argument that there is no time requirement in the Constitution for Congress to be in recess before the president can make recess appointments:

As for the judicial question on whether pro forma sessions count as keeping Congress in session, the 11th Circuit Court of Appeals ruled back in 2007 that “The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause.” On the other side of this, Solicitor General Neal Katyal, in a 2010 case, argued that the Administration recognized that a 3-day recess was “too small,” in their understanding, to make appointments.

While the Republicans will very likely mount a court challenge, claiming past precedent, it may well fail since the president has the power to make recess appointments under Article II, Section 2 of the Constitution which states, “the President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” It can be argued that Congress is in recess when they gavel out at the end of each day or whenever there is no quorum, which goes to the constitutional argument about pro forma sessions.

The other issue is why didn’t he appoint Elizabeth Warren who is eminently more qualified than Cordray to head the CFPB? It is most likely because of objections from Treasury Secretary Timothy Geithner’s objections and her memo to the the state attorney general’s who are negotiating a settlement with the big banks over mortgage fraud.

Make no mistake, Obama is doing this now for purely political motivations. It emphases Republican obstructionism and as a ploy to win back the disenfranchised left wing of the Democratic Party, as well as, the Independent voters who believed in all his “hopey, changey” campaign rhetoric.

Congressional Game of Chicken: The House Of Unrepresentatives

Cross posted from The Stars Hollow Gazette

House Rejects Senate Payroll Tax Deal

by David Dayen

The House of Representatives officially rejected the bipartisan agreement that passed the Senate with 89 votes for a two-month extension of the payroll tax cut, extended unemployment benefits and a doctor’s fix to prevent a 27% reduction in Medicare reimbursement rates. They did so under a complicated scheme whereby members did not vote on the Senate deal itself, but on whether to move to a conference committee on the package, with the rejection of the Senate deal implicit in the exchange. The final roll call was 229-193, with seven Republicans switching sides and voting with Democrats to reject the conference committee. All Democrats present voted against the bill. [..]

The seven Republican no votes: Charlie Bass (NH), Jeff Flake (AZ), Chris Gibson (NY), Jaime Herrera Beutler (WA), Tim Johnson (IL), Walter Jones (NC), Frank Wolf (VA).

Senate Majority Leader Harry Reid won’t play:

“My House colleagues should be clear on what their vote means today. If Republicans vote down the bipartisan compromise negotiated by Republican and Democratic leaders, and passed by 89 senators including 39 Republicans, their intransigence will mean that in ten days, 160 million middle class Americans will see a tax increase, over two million Americans will begin losing their unemployment benefits, and millions of senior citizens on Medicare could find it harder to receive treatment from physicians. “Senator McConnell and I negotiated a compromise at Speaker Boehner’s request. I will not re-open negotiations until the House follows through and passes this agreement that was negotiated by Republican leaders, and supported by 90 percent of the Senate. “This is a question of whether the House of Representatives will be able to fulfill the basic legislative function of passing an overwhelmingly bipartisan agreement, in order to protect the economic security of millions of middle-class Americans. Democratic and Republican leaders negotiated a compromise and Speaker Boehner should not walk away from it, putting middle-class families at risk of a thousand-dollar tax hike just because a few angry Tea Partiers raised their voices to the Speaker. “I have always sought a year-long extension. I have been trying to forge one for weeks, and I am happy to continue negotiating one once we have made sure middle-class families will not wake up to a tax increase on January 1st. So before we re-open negotiations on a year-long extension, the House of Representatives must protect middle-class families by passing the overwhelmingly bipartisan compromise that Republicans negotiated, and was approved by ninety percent of the Senate.”

A couple of point where I disagree with Barney Frank is that we are doing better than Europe and that the economy is doing better. Maybe for the 1% it is but the middle class is shriveling. The important part of this bill was an extension of the UI which is about expire.

Congressional Game of Chicken: Deficit Deal Post Mortem

Cross posted from The Stars Hollow Gazette

On the PBS News Hour, Nobel Prize winning economist, Paul Krugman and Martin Feldstein, a professor of economy at Harvard University and former chair of Reagan’s Council of Economic Advisers, discussed the failure of the Deficit Super Committee (click here for the transcript) :

What stands out is what was not mentioned by either Krugman or Feldstein, the Bush tax cuts, which the Republicans insisted be made permanent in exchange for any tax revenues no matter how meager. In the light of the Republican objection to an extension of the 2% payroll tax cut because of the $250 billion dollar per year cost, it is laughable in the face of the fact that just extending the tax cuts another 10 years would cost $5.4 trillion in revenue losses., four times as much as the payroll tax cuts. But not a peep from either man or the interviewer.

Krugman was correct in stating that the Democrats were far too generous and, as John Aravosis has pointed out in the past, they are lousy negotiators, always starting from their bottom line. However, Dana Milbank in his the Washington Post opinion makes clear that this committee was doomed from the start by the mere presence of one man, Sen. Jon Kyl (R-AZ), an immovable object when it comes to tax increases, “doing Norquist’s bidding in killing any notion of higher taxes”:

The sabotage began on the very first day the supercommittee met. While other members from both parties spoke optimistically about the need to put everything on the table, Kyl gave a gloomy opening statement. “I think a dose of realism is called for here,” he said. That same day, he went to a luncheon organized by conservative think tanks and threatened to walk (“I’m off the committee”) if there were further defense cuts.

When Democrats floated their proposal combining tax increases and spending cuts, Kyl rejected it out of hand, citing Republicans’ pledge to activist Grover Norquist not to raise taxes. Kyl’s constant invocation of the Norquist pledge provoked Senate Majority Leader Harry Reid (D-Nev.) to snap at Kyl during a private meeting: “What is this, high school?” [..]

Norquist, who worked to defeat a compromise, brags about his control over Kyl. When Kyl made remarks in May that appeared to leave open the possibility of tax increases, Norquist called Kyl and adopted “the tone of a teacher scolding a second grader as he recalled the conversation,” Politico reported. Norquist boasted to the publication that, after he upbraided Kyl, the senator “went down on the floor and he gave a colloquy about how we’re against any tax increases of any sort. Boom!”

It is fairly obvious that the Senate Republicans under the leadership of Sen. Mitch McConnell and Norqist’s Svengali-like control, are willing to risk the stabilization of the economy and kill any job creation bills to defeat President Obama and gain control of both houses. As Aravosis points out in his article today the best that Feldstein could do was blame both parties equally. Perhaps over the next year, the Democrats and President Obama should continue to put forth really bold bills, bolder than the President’s last job proposal, to further demonstrate the intransigence of the Republicans. It might go a long way to shed the image that Democrats are the party of capitulation.  

Congressional Game of Chicken: Super Committee Offers Human Sacrifice

Cross posted from The Stars Hollow Gazette

The deadline for the bicameral Super Committee to come up with a deal on deficit reduction is a week away. While many American’s don’t think that the committee will meet the deadline thus triggering large mandated budget cuts to defense and entitlements, we have President Obama warning the committee not to “cheat” by changing the law so that those cuts, particularly to the Defense, would not go into effect should the committee fail. Meanwhile, the committee’s Democratic members are proposing a $2.3 trillion tax-and-cut proposal “that includes $400 billion in Medicare and Medicaid reductions,” but only if Republicans compromise by putting new tax revenues on the table that in the end would only amount to $350 billion in new tax revenue.

The other really unacceptable proposal that the Democrats have put on the table to get the Republicans to agree to a paltry $350 billion in tax revenues, is making the Bush/Obama tax cuts permanent, even though the White House has said that President Obama would veto any bill that made those cuts permanent. Perhaps they are counting on Obama doing his usual last minute capitulation and he would sign the bill.

The Democrats are scrambling to try to make this look like a good deal but it’s not. Letting the Bush/Obama tax cuts expire would solve more of the deficit problem than anything that this committee or Congress has proposed by increasing tax revenues $1 trillion over the next 10 years. To their credit though, the Democrats have rejected the Republican offer that would cut all the tax rates across the board by 20%, lowering the top tax bracket to 27% from 35% assuming the Bush tax cuts would be extended. This would reduce tax revenues by $200 billion in just one year.

This is a muddled mess that is not really a crisis at all and in the long run won’t create any jobs but deepen the economic crisis that has been created by the burst of the housing bubble, job killing foreign trade agreements, unfair tax codes and the lack of banking regulation.

John Aravosis at AMERICAblog nails what has exacerbated much of problem: the Democrats negotiating techniques, or rather, the lack of them. The Republicans negotiate while the Democrats come to the table and offer their bottom line, so there is nowhere to go but to cave to Republican demands:

Note how the Republicans are still skewing their proposals towards large budget cuts and little tax increases, whereas the Democrats are offering 50-50 budget cuts and tax increases. That means that if both parties make concessions as they move to the “middle” – which is highly unlikely, the Dems will cave while the Rs will stay put – the “middle” will be a point at which there are more budget cuts than tax increases. Why? Because the Democrats, as always, are making their final offer – half tax increases, half budget cuts – first, so there’s nowhere to go but down.

This had been the Democratic approach since 2006 when the party gained control of both houses of Congress. It’s no wonder that voters are disgusted with both parties and that the Democrats lost the House in 2010. By gutting our social safety networks to protect the wealthy and appease the Republicans, the Democrats could well lose more in 2012 if they don’t start listening to the demands of the American people.

h/t to DCblogger at Corrente

Congressional Game of Chicken: Super Committee Insane Tax Proposal

Cross poated from The Stars Hollow Gazette

Scarecrow at FDL observed this morning, “Dems discover GOP is nuts. Who knew?” I have no idea what took them so long but I am worried that they will just enable the insanity by going along with INSANE ideas like making the Bush tax cuts permanent for tax increases that will impact on the already tax burdened 99%.

Brian Buetler at TPM thinks that the Super Committee is heading for a catastrophe:

A key member of the Senate Democratic leadership team has openly predicted the panel will gridlock and fail, and placed the blame squarely on Republicans.

As GOP committee members met privately, Maryland Rep. Chris Van Hollen – a Democrat on the panel – told Bloomberg, “You need to close some of these tax loopholes and you need to generate additional revenue. And so that balance is going to be important. We saw the dueling letters just last week. We had a bipartisan group in the House that said, ‘Look, everything is on the table including revenues – tax revenues.’ And within 24 hours you had 33 [Republican] Senators say, ‘no new net tax revenues.'”

Republicans responded with a trial balloon, provided first to Wall Street Journal editorial writer Stephen Moore. “One positive development on taxes taking shape is a deal that could include limiting tax deductions, perhaps by capping write-offs on charities, state and local taxes, and mortgage interest payments as a percentage of each tax filer’s gross income,” he wrote. “In exchange, Democrats would agree to make the Bush income-tax cuts permanent. This would mean preventing top rates from going to 42% from 35% today, and keeping the capital gains and dividend tax rate at 15%, as opposed to plans to raise them to 23.8% or higher after 2013.”

That “trial balloon” is in now way a “positive development” for the economy or the 99%:

This isn’t offered as a concession Republicans are willing to make in exchange for entitlement cuts – a key Democratic demand. It’s designed as a concession Republicans are willing to make if Democrats will agree to make all of the Bush tax cuts permanent – and thereby throw away an enormous amount of leverage they have over Republicans who are committed to extending them.

Democrats, thus, would be expected to agree to throw in entitlement cuts anyhow , just because. And to underscore the downside, the non-partisan Congressional score keepers would likely score this as a giant budget buster – not the trillion-plus-dollar deficit reducing deal the panel is supposed to be pursuing.

Yes, this is another version of the insanity of the last 30 years that keeps getting a resuscitated like a bad plot in a porn flick. And the Democrats are just realizing that this latest rewrite is INSANE:

A Democratic aide with knowledge of the GOP offer called their ideas “ludicrous”

“This is another effort for them to spin that they are being reasonable, but what they’ve put on the table is so insanely unreasonable that I actually think it moves the ball in the opposite direction,” the aide told NBC News.

“It’s devious, because it looks in some respects reasonable on the surface, but it’s a totally unreasonable proposal.”

According to the aide, in order to raise $300 billion in tax revenue and lower the top individual tax rate to 28 percent, you would need to “decimate all tax expenditures” and increase taxes on capital gains and dividends, something he doubts Republicans would support.

It’s unclear whether the $300 billion would be part of a deficit reduction deal with overall savings north of $2 trillion, or, more likely, a minimum package of $1.2 trillion in deficit reduction. Aides are split over how lofty of a target to set.

The aide also noted that CBO has reported that making the Bush tax cuts permanent would increase the deficit by $4 trillion in the next 10 years.

The reality check here is that you cannot raise $300 billion dollars in tax revenues and drop the top rate to 28 percent without touching capital gains and dividends. Republicans really want those Bush tax cuts made permanent do badly they are willing to pretend that they are throwing Grover Norquist off the bus. Reality, Grover, while feigning strong disapproval, is most likely praying that this passes.

 

Congressional Game of Chicken: Super Catfood Committee Members

Cross posted from The Stars Hollow Gazette

Yes, we are still playing and the Republicans have the advantage. So far they have won 98% of everything they asked for and are still holding hostages. The new extra-constitutional super committee of 12 will start work on the next round of hostage negotiations. Composed equally of Democrats and Republicans, three of each from the Senate and the House, the committee is tasked with finding $1.2 trillion in deficit cuts. Here are the members that have been selected by the leadership:

The Senate

Democrats

  • Sen. Patty Murray (WA) was selected by Reid to be co-chair of the committee. “The Mom in Tennis Shoes” is the chair of the Democratic Senatorial Campaign Committee. The feeling is that she will consider the electoral implications of the policy decisions.
  • Sen. John Kerry (MA) is the chairman of the Senate Foreign Relations Committee and is expected to be central to cutting defense spending.
  • Sen. Max Baucus (MT) is the chairperson of the Senate Finance Committee and is expected to be the leading voice on tax policy.

None of these Senators were part of the “Gang of Six” that was working with Vice President Joe Biden. They are not particularly trusted by liberals and some feel that Kerry is the weakest link. Baucus who was on the original Cat Food Commission, dissented because of cuts to Social Security and Medicare. He is also protective of the Affordable Health Care Act which was his “baby” as chair of the SFC. Kerry, however, has said that he supported the President’s “grand bargain” that put Social Security and Medicare under attack. Murray is a friend of the big defense contractors who received $5.2 billion in defense contracts in her home state.

The Republicans

  • Sen. John Kyl(AZ),retiring at the end of his term, was a member of the “Gang Of Six” who walked out of the talks and is the minority whip.
  • Sen. Rob Portman [OH], a freshman senator, was George W. Bush’s budget director and a member of the original Cat Food Commission .
  • Sen. Pat Toomey (PA), backed by the Tea Party and a freshman senator, was the president of Club for Growth and is the only Republican pick to vote against the debt ceiling compromise passed last week.

All three have signed “President” Grover Norquist’s pledged not to raise taxes.

The House

Democrats:

  • Rep. Jim Clyburn (SC), was a member of the “Gang of Six” and is a fierce opponent of cuts to Social Security and Medicare.
  • Rep. Chris Van Hollen (MD), also a memeber of the “Gang of Six”, is the ranking member on the House Budget Committee and opposed to cuts in the big three social safety nets.
  • Rep. Xavier Becerra (CA), has voted consistently to protect Social Security and Medicare.

House Minority Leader Nancy Pelosi has said that they’ll focus on economic growth and job creation, which reduces deficit.

Republicans:

  • Rep. Dave Camp (MI), chairman of the Ways and Means Committee, is the head tax-law writer in the chamber.
  • Rep. Jeb Hensarling (TX) is one of Boehner’s deputies on the GOP leadership team.
  • Rep. Fred Upton (MI) is the only Republican with a moderate record.

All three have again signed the Norquist Pledge.

So there you have it. We are damned no matter what happens on this committee.

Congressional Game of Chicken: Taking More Hostages

Cross posted from The Stars Hollow Gazette

The House of Representatives raised the debt ceiling by a vote of 269 to 161 and the bill moved to the Senate where it was expected to pass by unanimous consent passed by a vote of 72 – 26 and was signed into law by President Obama this afternoon. Besides raising the debt ceiling enough so that it won’t have to be considered again until 2013, well after the election, the bill contains budget cuts that will total over $2 trillion, part immediately, the rest over 10 years.  The bill was called “a sugar coated satan’s sandwich” by Rep. Emanuel Cleaver (D-MO), chairman of the Congressional Black Caucus due to the rest of the bill’s proposals. House Speaker John Boehner spoke with the press gleefully stating that he got 98% of what he wanted. On the other side of the Capitol building, Senate Minority leader Mitch McConnell warning that there is more use of raw extortion as a negotiating tactic in the future:

: It set the template for the future. In the future, Neil, no president – in the near future, maybe in the distant future – is going to be able to get the debt ceiling increased without a re-ignition of the same discussion of how do we cut spending and get America headed in the right direction. I expect the next president, whoever that is, is going to be asking us to raise the debt ceiling again in 2013, so we’ll be doing it all over.

The bill includes the creation of an equally split “super committee” that abrogates the right of congressional parliamentary prerogatives to debate or amend bills that arise from any agreement and if there is no agreement on cuts, then automatic across the board cuts that include Medicare and military spending. Keith Olbermann’s Special Comment eviscerates the bill’s flaws and the consequences.

Transcript:

I close, as promised, with a Special Comment on the debt deal.

Our government has now given up the concept of right and wrong.

We have, in this deal, declared that we hold these truths to be self-evident: that all political incumbents are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Re-nomination, re-election, and the pursuit of hypocrisy.

We have, in this deal, gone from the Four Freedoms to the Four Great Hypocrisies.

We have superceded Congress to facilitate 750 billion dollars in domestic cuts including Medicare in order to end an artificially-induced political hostage crisis over debt, originating from the bills run up by a Republican president who funneled billions of taxpayer dollars to the military-industrial complex by unfunded, unnecessary, and unproductive wars, enabled in doing so by the very same Republican leaders who now cry for balanced budgets – and we have called it compromise. And those who defend it have called it a credit to a pragmatic president who wins some sort of political “points” because, having stood for almost nothing here, he gave away almost nothing for which he stood.

It would be comical if it were not tragic.

Either way, it is a signal moment in our history, in which both parties have agreed and codified that the political structure of this nation shall now based entirely on hypocrisy and political self-perpetuation.

Let us start with the first of the Great Hypocrisies: The Committee. The Republican dogs can run back to their corporate masters and say they have forced one-and-one-half trillion dollars in cuts and palmed off the responsibility for them on this nonsensical “Super Congress” committee.

For two-and-a-half brutal years we have listened to these Tea Party mountebanks screech about the Constitution of the United States as if it were the revealed word and not the product of other – albeit far better – politicians. They demand the repeal of Amendments they don’t like, and the strict interpretation of the ones they do, and the specific citation of authorization within the Constitution for every proposed act or expenditure or legislation.

Except this one.

Where does it say in the Constitution that the two houses of Congress can, in effect, create a third house to do its dirty work for it; to sacrifice a few Congressmen and Senators so the vast majority of incumbents can tell the voters they had nothing to do with this?

This leads to the second of the Great Hypocrisies: how, in the same breath, the Republicans can create an extra-Constitutional “Super Congress” and yet also demand a Constitutional Amendment to force the economic stupidity that would be a mandated balanced budget. Firstly: pick a side! Ignore the Constitution or adhere to it.

Firstly, pick a side, ignore the constitution or adhere to it. And of what value would this Mandated Balanced Budget be? Our own history proves that at a time of economic crisis, if the businesses aren’t spending, and the consumers aren’t spending, the government must. Our ancestors were the lab rats in the horrible experiments of the Hoover Administration that brought on the Great Depression, in which the government curled up into a ball while it simultaneously insisted the economy should heal itself, when, in times of crisis – then and now – the economy turns out to be comprised entirely of a bunch of rich people who will sit on their money no matter if the country starves.

Forgotten in the Republican Voodoo dance, dressed in the skins of the mythical Balanced Budget, triumphant over the severed head of short-term retrenchment that they can hold up to their moronic followers, are the long-term implications of the mandated Balanced Budget.

What happens if there’s ever another… war?

Or another… terrorist attack?

Or another… naturaldisaster?

Or any other emergency that requires A government to spend a dollar morethan it has? A Constitutional Amendment denying us the right to run a deficit, is madness, and it will be tested by catastrophe sooner than any of its authors with their under-developed imaginations that can count only contributions and votes, can contemplate.

And the third of the Great Hypocrisies is hidden inside the shell game that is the Super Congress. TheSuper Congress is supposed to cut evenly from domestic and defense spending, but if it cannot agree on those cuts, or Congress will not endorse them, there will be a “trigger” that automatically cuts a trillion-two or more – but those cuts will not necessarily come evenly from the Pentagon. We are presented with an agreement that seems to guarantee the gutting of every local sacred cow from the Defense Department. Except if the Congressmen and Senators to whom the cows are sacred, disagree, and overrule, or sabotage the Super Congress, or, except if for some reason a 12-member Committee split evenly along party lines can’t manage to avoid finishing every damned vote 6-to-6.

We’re cutting Defense. Unless we’re not.

The fourth of the Great Hypocrisies is the evident agreement to not add any revenues to the process of cutting. Not only is the impetus to make human budget sacrifices out of thepoor and dependent formalized… but the rich and the corporations are thus indemnified, again, and given more money not merely to spend on themselves and their own luxuries, but more vitally, they are given more money to spend on buying politicians, and legislatures, and courts, buying entire states, all of which can be directed like so many weapons, in the service of one cause and one cause alone: making bystatute and ruling, the further protection of the wealthy at the expense ofeverybody else, untouchable, inviolable – permanent.

The White House today boasted of loopholes to be closed and tax breaks to be rescinded — later.

By a committee.

A committee that has yet to be formed.

There are no new taxes. Except the stealth ones, enacted on 99 out of 100 Americans by this evil transaction. Every dollar cut from the Safety Net is another dollar added to the citizen’s cost for education, for security, for health, for life itself. It is another dollar he can’t spend on making a better life for himself, or atleast his children. It is another dollar he must spend instead on simply keeping himself alive.

Where is the outrage over these Great Hypocrisies? Do you expect it to come from a corrupt and corrupted media, for whom access is of greater importance than criticizing the failure of a political party or defending those who don’t buy newspapers or can’t leapwebsite paywalls or could not afford cable tv?

Do you expect it to comefrom a cynical and manipulative political structure? Do you expect it from those elected officials who no longer know anything of government or governance, but only perceive how to get elected, or how to pose in front of a camera and pretend to be leaders? Do you expect it from politicians themselves, who will merely calculate whether or not it’s right based on whether or not it will get them more contributions?

Do you expect it will come from the great middle ground of this country, with a population obsessed with entertainment, video games, socialmedia, sports, and trivia?

Where is the outrage to come from?

From you!

It will do no good to wait for the politicians to suddenly atone for their sins. They are too busy trying to keep their jobs, to do their jobs.

It will do no good to wait for the media to suddenly remember its origins as the ‘free press,’ the watchdog of democracy envisioned by Jefferson. They are too busy trying to get exclusive DETAILS about exactly how the bankrobbers emptied the public’s pockets, to give a damn about telling anybody what they looked like, or which way they went.

It will do no good to wait for the apolitical public to get a clue. They can’t hear the clue through all the chatter and scandal and diversion and delusion and illusion.

The betrayal of what this nation is supposed to be about did not begin with this deal and it surely will not end with this deal. There is a tide pushing back the rights of each of us, and it has been artificially induced by union-bashing and the sowing ofhatreds and fears, and now this ever-more-institutionalized economic battering of the average American. It will continue, and it will crush us, because those who created it are organized and unified and hell-bent.

And the only response is to be organized and unified and hell-bent in return. We must find again the energy and the purpose of the 1960’s and early 1970’s and we must protest this deal and all the God damn deals to come, in the streets. We must arise, non-violently but insistently. General strikes, boycotts, protests, sit-ins, non-cooperation take-overs – but modern versions of that resistance, facilitated and amplified, by a weapon our predecessors did not have: the glory that is instantaneous communication.

It is from an old and almost clichéd motion picture that the wisdom comes: First, you’ve got to get mad.

I cannot say to you, meethere or there at this hour or that one, and we will peacefully break the back of government that now exists merely to get its functionaries re-elected. But I can say that the time is coming when the window for us to restore the control of our government to our selves will close, and we had damn well better act before then.

Because this deal is more than a tipping point in which the government goes from defending the safety net to gutting it. This is wrong, and while our government has now declared that it has given up the concept of right-and-wrong, you and I… have not, and will not, do so.

Good night, and good luck.

Congressional Game of Chicken: Countdown to Default (Up Date x 3)

Cross posted from The Stars Hollow Gazette

The Boehner bill on raising the debt ceiling barely passed the House on a strict partisan line with a vote of 218 to 210. Not one Democrat voted for the bill, 22 Republicans voted against it and 5 Democrats were not present to vote. The bill was essential dead on arrival in the Senate where it was quickly table in a bipartisan vote of 59 to 41.

This is what’s next but it won’t happen until very late Saturday night/early Sunday morning. Why because Sen. Mitch McConnell says so. McConnell is refusing to even negotiate with Reid

Senate Majority leader Harry Reid’s proposed bill is no prize either but at least it moves the debt ceiling limit to past the 2012 election into 2013 and a new congressional session. (I think Reid is betting on taking back the House.) Reid also said that he is open to tweaking but it’s up to Republicans

At a late Friday press conference, Reid suggested that the door is still open to further tweak his proposal, including by adding failsafes to assure future entitlement and tax reforms — but it’s up to Republicans to offer up their votes.

“We have a closet full of triggers, people have suggested dozens of them but even though earlier this week, I was sitting talking to Jack Lew about triggers for an hour and a half and we can’t get Republicans to move on any trigger. We’re not going to have cuts on more programs without some revenue – that is a line we’ve drawn in the sand,” Reid said. “It’s up to the Republicans, right now we have a proposal…we are waiting for them to do something, anything, move toward us.”

How The Revised Reid Amendment Compares To The Revised Boehner Bill

h/t David Dayen @ FDL and Brian Buetler @ TPM

Up Date, 12:22 PM EDT: House Speaker John Boehner has said that the Reid bill is “dead in the water” and is refusing to meet or compromise with the Democrats. The Senate will vote for cloture on the bill at 1 AM Sunday morning. Boehner plans to hold a symbolic vote on the bill this afternoon to reject the plan preemptively.

Reid’s plan which cuts more without new revenue and creates the “super commission” only differs in the length of time for considering raising the debt ceiling again. The bi[artisan Senate plan extends the debt ceiling through 2012 while the tea party plan wants it rehashed in 5 months with guarantees that a “cut, cap and destroy” constitutional amendment is passed. Boehner is probably the worst house speaker since Newt Gingrich and even he knew how to get his ducks in a row and conpromise.

Up Date: 15:35 EDT The House has voted to reject the Reid bill before it even gets to a vote in the Senate. All of the Republicans votes nay along with a few Democrats. The voter was 173 – 246.

House Minority Leader Nancy Pelosi and Sen. Reid are on their way to the White House to meet with the President to presumably to discuss options and the next move.

This is what you get for negotiating with terrorists.

The Reid bill will still come to a vote late tonight at 1 AM EDT

Up Date 1430 EDT: The Reid bill failed to reach cloture this afternoon it is now back to the drawing board

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