Congress Is Relevant Again

by: Chris Bowers

Fri Jun 26, 2009 at 16:00


Whether he was simply offering advice, or whether he was channeling strategy conversations he had with Obama administration staffers, back on Tuesday Ezra Klein certainly described the apparent legislative strategy of the Obama administration for 2009:

For now, the White House should have as little to do as possible with the various legislative products. Let the committees absorb the blows of the bad weeks. Let the early coalitions present themselves. Let the Republicans show their strategy in the mark-up sessions. Let the CBO score all the different options. Let the legislature familiarize itself with different revenue options. Wait. Wait and wait and wait. Wait until Congress has pushed this as far upfield as it's able.

Then open up the White House. Then have Obama on TV. Then have Rahm on the phone with legislators. Then take Olympia Snowe for a ride on Marine One. The White House can exert explosive force on a piece of legislation, but it can only do so effectively for a short period of time.

The White House has made no early legislative pushes for really anything this year. On the stimulus, negotiations were largely left to a gang of Senators Congress. As EFCA and cramdown went down to defeat, the White House didn't do or say much of anything. On climate change, the White House stayed pretty quiet until the deals were already made, and the votes were all but secured. On health care, they appear to once again be largely staying out of it. Even back in October, before Obama was President, he was instrumental in the final push to pass the Wall Street bailout, but played no real role until it was first defeated in the House.

Outside of the budget and the bailout, the Obama administration simply does not appear to be adopting a significant role in crafting legislation. Unlike the Bush administration, it has decided to leave that to Congress. The end result is that Congress is now relevant again. In fact, it seems entirely reasonable to state that Congress is now more relevant than the White House.

For those looking for a strong hand to help guide progressive legislation, this might be seen as a bad thing. Surely, Obama's assistance on cramdown and EFCA would have been particularly desirable. However, overall I think it is a net positive. For one thing, I don't think the Obama administration is particularly progressive. For another, far too much power had been accumulated in the "unitary executive." Congress, especially the House, should be the most powerful branch of government. With more regular elections, equal representation, and smaller districts, it is by far the most democratic institution in the federal government. (It is not a coincidence that it is also the most progressive.)

So, I'm glad that Congress is relevant again. I wish there was some way to legally codify its newfound relevance, and to make sure that we never return to the unitary executive.

Chris Bowers :: Congress Is Relevant Again

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Benefits of a scholar of constitutional law as president. Good post. Agreed. (4.00 / 1)


True... (4.00 / 3)
Except that Obama is continuing to use some of the Bush "executive power" arguments in court. Still, I guess some progress is better than none. I just wish he'd focus on the legal ways to use his executive power, like lobbying Congress to pass the bills he had advocated during the campaign.

Want to save marriage equality in Maine? Ask me how! ;-)

[ Parent ]
Well, SOMEONE needs to take the lead... (4.00 / 2)
And if Nancy Pelosi and Harry Reid can prove to be progressive leaders who get good legislation passed, then maybe I'll rejoice then. But until then, I hope the finger-pointing stops and someone takes charge. Either President Obama needs to step it up to fulfill his campaign promises (and stop blaming Congress for inaction) or Pelosi & Reid need to step it up to fulfill them (and stop blaming Obama for lack of guidance).

Want to save marriage equality in Maine? Ask me how! ;-)

Thanks for noticing how the glass is one-tenth full (4.00 / 5)
but for the rest of us, it's frustrating in the extreme to see this historic opportunity for change being greatly impaired by a President who has chosen to be a fifth wheel and/or hood ornament in the push for progressive legislation.

As Krugman has argued, it's not at all unlikely that the legislation that will be passed by Congress and signed by Obama will be so compromised that it will rather flagrantly fail to solve the problem of rising health care costs. A progressive President who has chosen to be pro-active and engaged in the shaping of the legislation would certainly have been in the best possible position to forestall that fate, and get a package effective enough to solve the problem.

In the real world of governance, half-measures can be worse by far than nothing. And if the President decides he is going to choose the path of greatest passivity, and refuses to pull his own weight, getting a half-measure on matters of political controversy is near guaranteed.


How very true. (4.00 / 1)
A progressive President who has chosen to be pro-active and engaged in the shaping of the legislation would certainly have been in the best possible position to forestall that fate, and get a package effective enough to solve the problem.

Same goes for climate change. Same goes for LGBT civil rights. Same goes for a host of other issues. That's why we either need a strong President pushing for these priorities or a strong Congress working on them. We can't afford for both branches to be so weak-kneed.

Want to save marriage equality in Maine? Ask me how! ;-)


[ Parent ]
The by now hoary argument (4.00 / 4)
from many Obama supporters was that Obama was compromising on all manner of issues from LGBT rights to prosecuting torture to state secrets in order to "keep his powder dry" for The Big One, health care reform.

Obama is now of course making it obvious he's happy to compromise of health care reform itself. I think that at least some people are now coming to the realization that that 11-dimensional chess argument was nothing but a hoax. He's sacrificed his rook, his knight, and his Queen, and we're expecting a checkmate. We may be getting it -- but from the other side.

The moral? If a politician compromises on a number of things you care about, the most reasonable thing to expect from him on all the other things you care about is more compromise.



[ Parent ]
You got it. (4.00 / 1)
I think that at least some people are now coming to the realization that that 11-dimensional chess argument was nothing but a hoax. He's sacrificed his rook, his knight, and his Queen, and we're expecting a checkmate. We may be getting it -- but from the other side.

I never bought it once. When I started hearing people trying to tell me to be patient because "he has a secret strategy" early this year, I asked how it made sense. It doesn't, and we're finding out the hard way that caving into the conservatives isn't a "secret strategy for a progressive win". The "11-dimensional chess argument" is nothing but an excuse for all these conservative "compromises", and it's our duty to debunk it and urge Democratic leaders (including Obama) to stop caving in and start fighting for real solutions.

Want to save marriage equality in Maine? Ask me how! ;-)


[ Parent ]
How To Weaken The Presidency (4.00 / 3)
Actually, Chris, there's a pretty straightforward way to undermine the unitary executive: cut the White House staff. One of the principal means - perhaps the main method - by which the President has acquired domination of the policy-making process is that he's got hundreds of people to help him. This is an advantage, combined with his unity of decision-making, that makes an executive very difficult to check. All Congress needs to do is slash the White House budget by one-half or two-thirds and put that money into congressional policy-making staff. You'd be a amazed at what a difference that would make.  

terrible idea (0.00 / 0)
Many accounts of the Clinton Presidency say that his campaign promise to cut white house staff ended up hurting his administration.  Making the administration dysfunctional is not the solution.

New Jersey politics at Blue Jersey.

[ Parent ]
That's sort of the whole point (0.00 / 0)
I was referring to how to weaken the presidency. The argument that it hurt Clinton's administration is sort of the whole point - it made his White House weaker.

[ Parent ]
Is this post snark? (4.00 / 2)
Because that's certainly how it reads.

It's the agenda (4.00 / 1)
Bush didn't have any agenda for any domestic issues that involved spending money. His agenda, particularly in the second term, was limited by choice to those things the Executive could do by itself, or blocking anything the Congress passed that wasn't 100% what he ordered them to do.

And notice how complete the failure of every policy?

By contrast, Obama wants huge advances on every front of domestic policy, including bringing back and approving tons of stuff the Bush executive shot down. That requires Congress to act.  


EXACTLY (4.00 / 1)
I keep on shaking my head at how little credit Obama gets for actually putting healthcare and climate change on the agenda, front and center. The idea that he's been some passive, abentee president is ludicrous.  

[ Parent ]
Right (4.00 / 1)
While I agree with Ezra and Chris, it is important that Obama is controlling what congress is working on.  The difference is Obama isn't focused on the details, but Obama is completely dominating the big picture.

He is pushing for some details here and there.  For example, from what I read all the credit for congress still considering a public option goes to the White House.

For the most part, though, he isn't involving himself in the day-to-day debates.


[ Parent ]
I dunno about that. (4.00 / 1)
Congress (especially the Senate) is the most dysfunctional institution in America. It has the reverse-Midas touch: everything it touches turns to shit.

Is there any kind of plan for changing that, or do we just kind of hope it eventually goes away if we glare at it long enough?


. (0.00 / 0)
Too many people in a rush to prove how much they can be cynical douchbags and not enough people exerting pressure on the right points.

The senate was and always is the problem. The same fucks decrying dear leaderism seem to expect Obama to carry all the water. It was never going to work like that. The Democratic party doesn't form up on ideological lines like the GOP, it forms up on special interest and identity lines (although identity is less important in the Senate) so due respect must be paid by the white house. There is necessarily going to be a wide berth given, that can only be punctured by the people. A big d Democratic president's job is simply to find workable reliable coalitions so they know their limits and capabilities. It ain't about a bully pulpit. Not this early in the game.


Late to the party here, (0.00 / 0)
but I simply don't know how to reconcile this post with the reports today that Obama is crafting executive order language to reassert presidential authority to imprison terrorism suspects indefinitely...I'll give you the benefit of the doubt and go russtc3's way:  snark.

seems like Obama came in when climate bill vote was still in doubt... (0.00 / 0)
I agree with Chris's general point that Congress is a more relevant driver of policy outcomes now than it was in recent years.  But I have to disagree with Chris's suggestion that Obama didn't wing in on the climate bill until "the votes were all but secured."  Based on this Roll Call article, it sounds like the votes weren't "all but secured" until the very last moment...

http://www.rollcall.com/news/3...


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