Getting back to the things I wrote about earlier in the day, the election of Al Franken is going to change some of the dynamics in Washington DC. It isn’t going to be anywhere near as dramatic as when Jim Jeffords of Vermont defected to the Democratic Caucus in May 2001, but it comes at a similar point in a new presidency. Jeffords’ defection flipped control of the Senate and all its committee chairs to the Democrats. Franken’s election merely provides the Democrats with a theoretical immunity to filibusters.
The first distinction between these two cases is obvious. Jeffords’ defection provided an early rebuke to Bush’s presidency and temporarily stalled his agenda. Franken’s election strengthens Obama and gives him new momentum at a critical time. Since Franken was actually elected on election day, taking his rightful place in the Senate doesn’t ratify Obama’s approach, but merely gives him a reinforcement for the key battles ahead.
Others have noted that merely reaching the goal of sixty members of the Democratic Caucus doesn’t guarantee that the filibuster is a thing of the past. Two Democrats have major health issues that limits their time in the Senate, and many Democratic senators have major differences with the president’s agenda. To understand how this changes the dynamics in DC, it pays to look at two quotes. The first is from the chairman of the Republican National Senatorial Committee, John Cornyn of Texas:
“With their supermajority, the era of excuses and finger-pointing is now over,” said Senator John Cornyn of Texas, who heads the National Republican Senatorial Committee. Mr. Cornyn said it was “troubling to think about what they might now accomplish with 60 votes.”
The second is from Markos Moulitsas:
[W]e’re already seeing signs that the Democrats’ supporters aren’t about to cut them any slack if they can’t pass their agenda now — or if they have to make the kinds of compromises, on the public option and other issues, that progressives believe are no longer necessary. “Let’s do what the American people have asked Democrats to do, and let’s not use any excuses like this 60-vote nonsense, which is now obviously [no] longer an issue,” Markos Moulitsas, founder of the Daily Kos, said on MSNBC yesterday.
Something new is afoot when John Cornyn and Markos Moulitsas are singing from the same hymnbook. But what is really going on?
There are different kinds of politicians. Most politicians come from very safe districts. A huge percentage of incumbents are reelected in every election cycle, and most of them are challenged only nominally, if at all. What makes the gears grind in Washington is not the overwhelming majority of safe politicians. It is the handful of vulnerable politicians who decide what is possible and what is not possible in Congress. And vulnerable politicians are predisposed against change. In effect, they are temperamentally conservative. Every significant vote that they take could spell the end of their political career. And the Democrats have dozens of these timid creatures in Congress. How does Al Franken and reaching 60 votes in the Senate affect them?
Basically, Al Franken screws them, plain and simple. A timid, vulnerable, conservative Democrat wants anything but to be put on the line in a contentious and significant vote. Their first instinct is to figure out if a piece of legislation is going to pass. If it is not going to pass, they want to make sure their Democratic base is happy, and they will vote for it. If it is going to pass, and it is either going to anger big donors or become a painful campaign issue, they will vote against it. In each case, they are ignoring the merits and voting to create for themselves the least amount of pain.
A third category exists where it is their decision which is decisive in determining whether something will pass. This is their least favorite circumstance, because it means they cannot avoid angering their base if they vote against it, but the business community will not give them a wink-and-a-nod-pass on it if they vote for it.
So long as the Republicans had 41 votes in the Senate, the timid, vulnerable, conservative Democrats could get away with voting for progressive legislation that wouldn’t pass and against progressive legislation that did. But now that the Democrats have sixty votes, every single bill the Democrats introduce should pass. Every nominee should be confirmed. And each Democrat that votes ‘nay’ on an issue is giving the Republicans the ability to stop the president’s agenda. They can no longer hide. And that is that last place they want to be.
A big part of this changed dynamic is related to visibility. The Senate has cloture votes all the time. The 110th Congress set the record for cloture votes. And timid, vulnerable, conservative Democrats voted with the Republicans all the time to sustain filibusters. But these were mainly low-visibility votes because the Democrats’ votes were not decisive. Even Democratic activists have a hard time maintaining a level of outrage about a vote that had no material effect on the outcome. It is only when a Democrat casts the deciding vote that sustains a filibuster that people really stand up and notice. But, guess what?
With sixty members in the Democratic caucus, every single time any Democratic senator votes against cloture, they are casting the decisive vote to kill the president’s (and the Senate leadership’s) agenda. It doesn’t matter if 10 Democrats vote against cloture. In that case, each and every one of them is guilty of casting the decisive vote that obstructs passage of a bill (because Vice-President Biden can cast the tie-breaker in a 50-50 tie).
There is no longer any cover, because the assumption is that all Democrats should be willing to at least give the president and their own leadership the benefit of an up or down vote on their priority legislation. They cannot escape responsibility and consequences if they oppose the Senate calendar. This is the major change that Al Franken brings to Washington DC.
Senators like Evan Bayh and Ben Nelson like to thwart the Democratic agenda quietly. They reassure their corporate donors by voting against anything that might threaten their interests unless it is already a foregone conclusion that it will pass. But they can’t do that anymore. They can’t get free votes against the progressive agenda that will be forgiven by both sides of the issue. They must now choose between their corporate masters and their fear of Republican campaign smears on the one hand, and the president’s agenda on the other hand. All wiggle room is gone. There are no more free votes.
So, what’s it going be? Who really runs this country, when you come down to it? Keep your eye on timid, vulnerable, conservative Democrats in the Senate. They will let you know shortly.
I’m primarily concerned with what this means for health care. Hopefully we’ll have a strong bill and the conservative Dems will at least vote for cloture.
I’m just not convinced that the administration will do what it takes to get the best outcome possible. I don’t want to see Obama pretend that anything short of near-universal health insurance with a public option is meaningful reform.
I half suspect President Obama to borrow from his playbook for overcoming GOP opposition by making a lot more personal appearances like townhall events in these senators’ states.
I’ve been wondering for a while now too what his ground organization is going to be doing when these big votes come up. I haven’t heard a whole lot lately about any of that, although I do get the occasional emails.
It sure points up the critical importance of getting meaningful campaign finance reform enacted. Without it, even something as universally popular as a public option seems like it’s probably not going to happen, and that’s simply outrageous. Maybe they should be tackling these reforms sooner rather than later.
A few months ago, maybe January or so, you wrote that the GOP opposition on major legislation was all but eliminated. Your reasoning was that Republicans on important committees would want to have a say in legislation, and they couldn’t very well push for changes in committee and then vote against final passage — because then the Dems would stop taking their input.
Have you changed your mind on this, considering the results of these first six months?
I think the flaw in your logic (which I was optimistic enough to agree with) is twofold. First, the Bayh/Nelson obstructionists ensure that Dems still have to woo GOP votes, thus preventing them from totally shutting the GOP out of the legislative process. Second, we’ve seen plenty of instances (stimulus bill, for example) where the GOP negotiates compromises in committee and then votes against final passage anyway.
We thought it would be smooth sailing, having broken the back of the GOP obstruction. But the GOP operates in bad faith and the Dems haven’t had the unity necessary to punish them for it.
I wish that would change with “60” votes, but with Kennedy/Byrd gone we still only have 58 maximum votes most of the time, and probably closer to 55 loyal votes on any given issue. In conclusion, the Senate still sucks ass.
Well, a couple of points.
First, the culture of the Senate doesn’t change overnight, even when control is flipped or the White House switches hands. In effect, the Republicans have been hit in the nose with a newspaper 3 times (2006 midterms, 2008 congressionals, 2008 presidential) and they are only beginning to learn their lessons.
Second, most of the Republicans we’ve been defeating are the types of senators who would vote with us if they were still serving on committees. The GOP is more conservative than ever, and so is their base.
Third, the Obama administration uses a strategy that needs a name, but that we can call: reasonableness. Essentially, they bring in any persuadable Republicans by putting them in the administration, appointing them as ambassadors, courting their endorsements, and so on. They set modestly progressive goals, but refuse to be dogmatic about them and are at pains to invite Republican input and cooperation. Their message is popular, their opponent’s message is not, and they basically make it pretty near impossible to oppose them on any other grounds than pure obstruction. This type of strategy is designed to grind the opposition down over time, not to bulldoze them in the short term.
Fourth, the Republicans have settled on a strategy of total obstruction, so they are putting a lot of pressure on their caucus to remain completely united in opposition. They have also denied unanimous consent on almost everything in an effort to slow down the work of Congress and limit how much they can schedule.
In summary, Obama has given away a lot in order to get the votes of Snowe, Nelson, Specter, and Collins. But, in doing so, he has poached one of them and set the stage for more damage later on. The GOP numbers seem to get worse every time they are polled. They are still losing special elections. Their high profile personalities continue to implode. And Obama comes across as very competent and totally reasonable.
But all of this is going to be put to the test when it comes time to pass health care and cap and trade. He’s built up a huge amount of capital, even pissing off liberals (especially gays) as he hoards his capital. But whether it will pay off will be seen only when we find out if he gets a public option and he gets cap and trade.
Senator Franken will be a big help in holding the consveradems feet to the fire. He’s smart, funny, caustic and by all reports, now leavened with some serious humility after the recount battle.
His will be a great voice in arguing for universal, public-option healthcare, EFCA, and strong climate change legislation.
I’ve been a skeptic on the 60-vote magic number, but you make a strong and subtle case for its potential to change the game. I think there are some other implications as well:
— You say “timid, vulnerable, conservative”, I say “craven, incompetent, opportunists”. There is some argument that the likes of Landrieu and Bayh are constrained by the worldviews in their home states on hotbutton social issues like abortion, gay rights, and guns. There is no such geography-based pattern that would limit them on issues like universal health care. There’s no popular consensus against even single-payer. So in this case they are openly and obviously working for the insuranceco lobby and no one else. There are no principles or popular opinions that justify their obstruction on economic-based issues.
— You’re forgetting that Lieberman is not a Dem. So what is his constituency? Mostly Republicans together with some of the dumbest Democrats in America. So is he vulnerable like a real Dem would be?
— If the obstructionist Dems really think they’re protecting their careers, we’ve got a major irony going here. The reality is that the likes of Tester, Webb, Bayh, and maybe even Landrieu are in office because of the intense GOTV efforts of groups like MoveOn, the unions, and others. If their frantic efforts to suck up to everything in sight turn these groups against them, they’re probably done. The new Senate configuration gives lefty/liberal activists more power than they’ve ever had, if they figure out how to use it.
— I’ll say it yet again: pandering to the lobbyists and flailing around to deflect the wrath of the wingnuts is not a consequence of demographic determinism, but of political incompetence. They just don’t know how to make the argument for traditional Dem priorities in a way that communicates with their constituents. Feingold’s success in formerly deep-purple WI is the test case, as serial sellout Feinstein is the proof in the opposite direction.
— I finally get why the likes of Lieberman and Nelson seem so eager to cut Obama off at the knees every chance they get: their only cover now would be a prez so unpopular that they could say they were only reflecting the Peoples’ opinion. Not that it worked that way for the Reps when Bush was polling in the 30s, but this is Dems we’re talking about.
Anyway, the potential is there for real change if the left manages to get its act together and get ruthless about putting the screws on the Senate Coward Caucus. Getting political competents running and winning presents a much knottier problem.
christy has the goods:
much more at the link. hagan caved.
lieberman has to be mocked. baucus on finance needs more pressure NOW.
You rock, Booman.
Tell it like it is. I hear you.
Time for a whole lot of them to MAN UP!!
excellent post, boo.
it’s unfortunate that bernie sanders (i-vt) has had to take the lead in the question of a unified vote for cloture though. hopefully, reid, durbin, as well as the wh, are doing some serious arm twisting behind the scenes.
given the initial look at the HELP committee that chrisy has at FDL…h/t to brendan… for the first time in a long time l’m less pessimistic that something worthwhile may come of this.
we shall soon see.
The answer is not Obama.