The Problem with the Legislative Process

by: Mike Lux

Tue Mar 16, 2010 at 09:47


There are two things that are sucking all the life out of that surge of hope so many people felt when Obama came to office. The first is the perception that, early on, Obama chose to help rescue the big banks but has been more passive when it comes to creating new jobs for people, a perception which, while unfair in some regards, is reinforced by record profits and bonuses last year for the big banks we rescued while unemployment is stuck around 10%.

The second is that the legislative process always seems like it follows the same depressing pattern: Obama proposes a legislative package that makes some concessions to industry but is pretty decent legislation overall; the House then makes some other concessions to industry and passes a more compromised version of what Obama had laid out; the Senate then gets stuck for a very long time and then tries to break the logjam by making massive compromises to industry lobbyists, but even that doesn't seem to get the deal done. Everyone who ever cared about the issue and making real change gets depressed. Rinse and repeat.

Unfortunately, both of those problems in terms of dousing any excitement level about the Obama agenda are coming to a head on financial reform. Both the general public and the progressive base of the Democratic Party feel like the big banks have already gotten way too much help and now Chris Dodd comes out with a bill that seems to have given a huge amount away to the big bank lobbyists. As Simon Johnson put it:

The lobbyists did their job a long time ago. Treasury sent up a weak set of proposals Secretary Geithner apparently felt that to do otherwise would be just to seek punishment for past wrongdoings; there is too little concern at the top levels of this administration regarding what comes next. And Senator Dodd was pushed hard by various interests to weaken all potentially sensible proposals including anything that would bring greater transparency and safety to the derivatives market.

But of course even all the bad ideas Dodd put in his bill to please the big banks didn't actually win over a single Republican vote, just as all of Max Baucus gifts to health industry didn't deliver any Republican floor votes for the health reform bill. Now when you start to look at the details of Dodd's bill, just like with the health care bill, you will find some very good things to like, enough that a great consumer advocate like Elizabeth Warren decided to give it some modest support. Here's the problem though: if you are trying to get people excited about your reform agenda, and they are too busy debating with themselves over whether to even support the bill, you have a big, big political problem.

What it feels like is that you are breaking faith with the people who put you in office. Coming out with this kind of highly compromised bill on your single best issue for the fall elections is how you tick off both your base and angry independents at the same time. This is how Democrats will get themselves destroyed in the 2010 elections.

The Democratic Party needs to pick a fight, draw a line in the sand, and dare the Republicans to filibuster. This issue is the one to do it on, and right now is the time to do it. Lets debate whether the Federal Reserve should get a lot of new power. Lets debate whether to start breaking the big banks up. Let the Republicans be on the other side of those issues (and let the Democrats who are friends with the big bankers join them if they want). The Democrats need to have a full-scale fight on these issues, for the sake of their electoral fortunes in the fall, and the sake of their souls.

Mike Lux :: The Problem with the Legislative Process

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This is as calm a call for real change as I have read. (0.00 / 0)
I don't agree that Dodd put those in there for Republican support, but if soft pedaling that is part of getting it done... (it isn't though, it helps Dodd water the Bill down) then fine, thats what it takes.

The main message though is that real change has to happen. And just as Donna Brazil says for health reform, we need to draw a line in the sand and primary those that don't support it.

--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


Man, oh, man... (4.00 / 3)
Mike, there are times when you simply leave me breathless - and not, necessarily, in a good way.

Yes, the dynamic of a compromise, on a compromise, on a compromise which garners not a single Republican vote is a well trod path.  But, given that the cards for this dynamic were on the table from the very beginning in health care - and ignored - makes the repetition of the dynamic in financial reform slapstick funny.  Two thoughts: (1) If it's already known that you're gonna compromise to the nth degree, why begin the negotiation from such a crippled position? (2) If the abysmal failure of that kind of approach to negotiation been demonstrated, why on earth repeat that approach?

What it feels like is that you are breaking faith with the people who put you in office.

Credit to Ann Landers: If it feels icky it probably is.  If it feels like a betrayal that could be because it is one. Ya know?  What I'm looking for is evidence that - although the Democrats would very much like to continue this betrayal - they fear, on any level, any of the resulting electoral defeats that might follow.  I see no evidence that they care.

The Democratic Party needs to pick a fight, draw a line in the sand, and dare the Republicans to filibuster. This issue is the one to do it on, and right now is the time to do it.

With this I finally figure out who your audience is, because I've known for a bit that it ain't me.  Do the apparatchiks in the Democratic Party read this blog?  Maybe you have evidence that they do.  But, even if they do, this strikes me as a really weird way to have a conversation with them.  


I think it is cute (4.00 / 5)
that you still think the Democrats want real bank reform.  How are they supposed to win elections if they piss off all the people that finance their campaigns?

Keep up the faith and keep up the fight and I'll see you back here in six months to have this same discussion about green jobs.


My Concern (4.00 / 2)
The first is the perception that, early on, Obama chose to help rescue the big banks but has been more passive when it comes to creating new jobs for people, a perception which, while unfair in some regards, ...

How has Obama pushed hard for creating new jobs? A too weak stimulus bill? Yes, I give him credit for pushing something. But we needed much more. If not at the time of the first bill, certainly last fall and today. And where is Obama? Talking about deficit reduction and his catfood commission, both of which preclude doing the right thing, the critical thing, with respect to creating jobs.

And where is Obama on financial reform? Geithner and Summers still have their jobs, they still have a massive influence on economic policy. This despite evidence that has come out that shows Geithner is and was hopelessly captive to the groups he is supposed to oversee. We need to break up the too big to fail banks. We need either Glass Steagall or an updated version of it. We need a consumer protection agency for financial products. And we need real regulation, if not outright bans, on many of the financial innovations of the past ten years or so. Little or none of that is in sight.

Conservative Democrats, Obama included, are pushing moderate Republican policies, as even Paul Krugman noted in a column about health care legislation. That is the real problem. We need Democrats who will push Democratic legislation. Not DINOs, Democrats.

Democratic legislation says that the government must step in at critical points in the free market to ensure the needs of the many are not sacrificed for the needs of the few. Republican legislation says the free market can pretty much take care of itself and that government is rarely needed and then only in extreme cases and only in partnership with the free market.

The only good news out of the past year is that we know who the moderate Republicans are in the Democratic party. They can change their policy approaches, and let's hope they do. But if they don't, let's primary as many of them as we can and vote them out. And if 2012 comes around and Obama still pushes moderate Republican policies, then I hope Democrats will have an alternative to run against Obama.

Progressives do themselves no favors to avoid acknowledging that, to date, and this could change, Obama, Dodd, and other conservative Democrats have sold the Democratic party down the river on policy issues. You don't see conservative Republicans selling out their party values when they're in power. We should expect no less energy and commitment from the Democratic party in pursuit of Democratic legislation.

Finally, the amazing bit? Most Americans still want Democratic legislation in some form to solve these massive problems. The opportunity is still out there.


I rec'd you ... (0.00 / 0)
because while I disagree with you about '12 .. you are right about the rest of it

[ Parent ]
Actually I agree on '12 (4.00 / 3)
I'd like Obama to be able to run confidently in 2012 with the full backing of the Democratic party with a record of implementing mostly Democratic legislation. The alternative, primarying Obama, is not pretty and long odds.

At this point, however, the policies are mostly what Bush and McCain would have done. And I don't see Obama getting re-elected if he keeps it up. Instead we'll get Petraeus or some warmed-over nice Republican who will continue Obama and Bush's policies. That would be a wasted opportunity when this country desperately needs progressive leadership from the political class. Repeating the mistakes of the past three decades no longer works.

So here's hoping Obama and conservative Democrats get the message, from their failures, their too weak successes, and the public.

And thanks for the rec.


[ Parent ]
That's Not What It FEELS Like, Mike (4.00 / 5)
What it feels like is that you are breaking faith with the people who put you in office.

I'm afraid that's exactly what it is.

The only "feels like" involved is that it "feels like" an unfair accusation to some who are too close to the inaction, and not close enough to the hurt.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


the people who put you in office (4.00 / 1)
The base of both parties think they are entitled to more than either base ever gets.  

The base thinks it is the key to victory.  To use Mike's words, we think that we are "the people who put you in office."  We're not.  We're some of the people who put you in office, and just about the easiest ones to get.  The conservative base is a little harder to please because they are better organized, and have voices who speak with greater authority and enjoy greater trust than any such voices on our side.  But even they get rolled from time to time.  (Medicare Part D, deficit spending, Federal Marriage Amendment)

The real issue is that because the base does all the work, they think they are the most vital key to victory.  And it's true you can't get elected without one, but the base is the easiest part of the victory formula to secure, and the least likely to walk away, because they genuinely loath the opposition party.  The other ingredients -- independent voters, wealthy donors, the support or non-opposition of the business lobbies -- are all much harder to seduce and secure than the base is.  So when push comes to shove, you screw the base, try to keep the others on board, and then say nice things to the base afterwards, make some sweet promises and terrorize them with the results of leaving (the evil opposition party in control of government).  It's not anything unique to the Democratic Party.  It's basic two-party politics.

So the answer is not to conclude that current Dems are unbelievers and try to replace them with believers.  The answer is to strengthen the internal organization of the progressive base, so it can make more credible threats to walk away, as the conservative base has done.  They still get screwed by Republicans, but much less often and much less badly.  Republicans must cater to their base more than Democrats must cater to theirs, because the Republican base is better organized internally than ours is.  

What we need are closer links among the wings of our base (labor greens gays choice minorities civilliberties etc), and more high-profile, trusted voices that can lead the base against our own party's leadership, as the talk radio guys can and do.  This isn't a new analysis I know; Chris has been struggling with this all year.  But consolidating our base so that it can work against the party leaders and members, rather than only with them, is an actual path to more progressive outcomes.  Trying to elect political leaders who are actually true believers is less wise.


[ Parent ]
It's Not Either/Or (4.00 / 1)
I agree 100% that what's most needed is to strengthen and solidify the base--strengthening bonds and all that.  

But that doesn't negate what I originally said, nor does your stress on common two-party dynamics off-set the asymmetries between the two parties and their bases.

There's also nothing wrong with electing leaders who are true believers.  In fact, doing so--and thereby displacing ones who aren't--is part and parcel of strengthening the base and empowering it to stand up to compromisers and temporizers.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Agree (0.00 / 0)
Even though there are a definitely examples of Democratic Congress members winning with more help from progressive groups, activists, fundraising on the ground and the tubes; I don't think many Democrats have enough faith in the progressive infrastructure, as opposed to the powerful interests who do fund their elections more than it is possible   for liberal and progressive at the moment.

Ironically, past successes with Donna Edwards, Al Franken, Grayson, etc. show that the people will elect you if stand for something.  It is such a leap of faith for them--like some existential crisis.  While the only crisis occurring is the people are suffering awfully from their fear and inaction.  Sad

Take a leap Democratic legislators--what's the worse that can happen:  You lose your seat and become a lobbyist.

   


[ Parent ]
If they just trusted (0.00 / 0)
    The last I looked Grayson, Franken, Edwards, and Sanders are doing pretty good.
    It is, as if, Democrat legislators are facing some major existential crisis: jump off cliff with "the base" to get in office, or stick with the same cast of industry leeches.
     This strikes me like a no-brainer:  work with base and risk a possible re-election loss, or know you can become a lobbyist.  It's a win-win!

[ Parent ]
Apology To All For The Repetitive Comments--It Was Mistake (0.00 / 0)


[ Parent ]
So where is Axelrod? ... (4.00 / 1)
Here's the problem though: if you are trying to get people excited about your reform agenda, and they are too busy debating with themselves over whether to even support the bill, you have a big, big political problem.

Isn't this the kind of thing he's supposed to be on top of?  They saw it play out once already with HCR.  Are they going to do it again?

Treasury sent up a weak set of proposals Secretary Geithner apparently felt that to do otherwise would be just to seek punishment for past wrongdoings;

Lordy!!  Can't be punished for past crimes now, can we?


Exactly. (4.00 / 1)
Punishment for past wrongdoing, like paying taxes, is for the little people.

Decarbonize, Deglobalize, Demilitarize

[ Parent ]
Wow, you really come off as naive here Mike (4.00 / 7)
"The second is that the legislative process always seems like it follows the same depressing pattern: Obama proposes a legislative package that makes some concessions to industry but is pretty decent legislation overall; "

Some concessions?!?  The bills are written at bended knee in front of the lobbyists, they get damn next to everything up front for bare concessions.  Then those concessions are watered, weaseled, and whittled down by both houses as Obama looks on.  Only when the industry-friendly portions are in danger (or they threaten to drag down the entire bill by the stank of their existence) can Obama be bothered to intervene - and then it is ALWAYS to kick his liberal base in the balls.  

I'm sorry man, but this is the way Obama and crew PLAN their bills, their entire process is constructed to split their own left-leaning base and have us eating our own while center-right policies are smuggled through Congress.  It's not some unfortunate bug, it's a neon lit feature of the administration.

The last time Obama spoke truthfully to his constituents was when he told us to force him to pass decent legislation - it was like the man in the iron mask carving "help me!" on his food dish in hopes someone, anyone would get the message and come to his aid.

I'm sorry, in my mind Obama is as much enemy as friend to progressives and enacting any meaningful reform of any type.


Simon Says... (4.00 / 2)
Last week, Senator Ted Kaufman (D., DE) gave a devastating speech in the Senate on "too big to fail" and all it entails. A long public silence from our political class was broken -- and to great effect. Today's Dodd reform proposals stand in pale comparison to the principles outlined by Senator Kaufman. Simon Johnson [emphasis mine]


Serious question (4.00 / 2)
Obama chose to help rescue the big banks but has been more passive when it comes to creating new jobs for people, a perception which, while unfair in some regards

In what regards is this perception unfair?


I had the same question (4.00 / 1)
I'd like to hear the argument that the perception was unfair.

[ Parent ]
The Perception Was: (0.00 / 0)
    That Obama helped created the biggest banking and financial industry failure ever.  The TARP was supported by many economists at the time.  There was confusion during that the collapse among even the most eminent economic minds. So, I think what Mike is saying, "That we had to help the financial industry lest the economy will completely collapse. And  then, a faux populist movement orchestrated from big conservative players pointed the finger at Obama & Co.  Where, as Bruce Bartlett has pointed out numerous times, the GOP and the FED caused the dire financial crisis."

    Unfortunately, the "bailout" was a disaster. Obama & Co trusted the banks to lend and give credit, when any sane person knew their books were cooked and a mess.  Thus, all that money down the drain w/ no strings attached.  


[ Parent ]
Things working out fine for DC Dems (0.00 / 0)
It's time to end the 'battered Dems syndrome' among what seems like large tracts of the lefty sphere.

The idea that, for example, the way health care has turned out is some way due to cowardice or incomptence on behalf of DC Dems is ludicrous.

The whole purpose of the 'Baucus Caucus' locust months in the summer and the games played with the public option (the one Obama said he never campaigned on) was to ensure that the bill to ultimately emerge would be corporate-friendly.

Obama wants a health care bill - but without too much health care in it. And the only way that would get passed is once those involved in the process had been well and truly attrited and were ready to holler Uncle.

He knows that nothing much is going to pass Congress any time soon, so he'd rather let the House change hands this year, and run against it in 2012.

And there wouldn't be too many Dem MCs desparately unhappy with the way things look like turning out.

The idea that many of them hunger to pass the sort of policies (eg single payer) that lefty bloggers crave is, I fear, utterly unsupported by any evidence that I've seen.


I Think This Is Simplistic At Best, Stupid At Worst (4.00 / 1)
and if you were the least bit honest, you'd change your handle from "skeptic" to "cynic."

Of course the DC Dems are corporate friendly.  But they also like wielding political power.  The fact that they'd foolishly squander the later to serve the former is an inconvenient contradiction  that your "explanation" really doesn't explain.  And that's not all that's wrong with it--it's just the loose thread that when pulled on unravels all the rest.

This is not in the least a defense of the DC Dems.  It's a call for analysis that's less oriented toward emotional self-satisfaction, and more oriented toward figuring out how to make fundamental change.  I realize that the latter is extremely difficult, which is what makes the former so attractive by way of contrast.

But ultimately, it's productive of nothing but self-righteous indignation.  And that doesn't solve any realworld problems at all.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
If They Wielded (0.00 / 0)
the power that they had (and still do, particular now with the forming a strong financial consumer agency), especially when the financial industry was on its death bed.
    This would have fueled major support, and truly real populist movement would have formed behind the Democrats.

*on its death-bed (0.00 / 0)
weakening the powerful financial industry, so their lobbying powers would still not run our economy.

[ Parent ]
That's Not What Happened Here (0.00 / 0)
Obama proposes a legislative package that makes some concessions to industry but is pretty decent legislation overall; the House then makes some other concessions to industry and passes a more compromised version of what Obama had laid out;

That's not what happened here:

The House bill was, initially, a better bill than what Obama wanted, which is one reason why the House was treated as if it was irrelevant in deciding the final bill's content.


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