Friday, April 14, 2017
Friday, April 7, 2017
Much ado about a filibuster -- the confirmation of Gorsuch
Much anguish has surrounded the Senate
vote to confirm Neil Gorsuch as a new Supreme Court justice.
Democrats denied the ruling Republicans enough votes to cut off
debate. The Republicans were faced with the need to lower the
60-vote debate-ending requirement to a simple majority. By
themselves, they have the votes for that.
One Republican senator said that
Alexander Hamilton would roll in his grave if he knew that it was
becoming easier to end debate on Supreme Court appointments. That’s
not true.
The Constitution specifies a few times
when a Senate vote by more than a simple majority is required.
Confirming people to any federal office is not one of those
situations.
A “filibuster” is endless debate.
“Cloture” is the vote the end a filibuster, cutting off debate.
Blocking a majority vote by use of the
filibuster rule was not foreseen when the Constitution was written.
Changing Senate rules to require more than a simple majority for
cloture changes the constitutional intent.
From 1789 until 1917, there was no way
to break a filibuster. A way to end debate was needed, so first
two-thirds and later 60 percent of the senators was required for
cloture. The real filibuster talk-a-thon was used only once a year
by southern senators opposing a civil rights bill.
In recent years, the Republicans began
using cloture for virtually all bills. When in the minority, they
could block any legislation by simply denying a 60-vote majority to
end debate. A few years ago, the Democrats, then in control,
eliminated the supermajority for many of President Obama’s
appointments that otherwise were stymied.
Obama was able to get many court
vacancies filled, because the GOP could no longer block them. But
the filibuster rule was left in place for the Supreme Court.
Without a supermajority requirement,
which gives the minority the power to block majority rule, the party
controlling the Senate can do whatever it wants. As voters, the
people are supposed to be worried about majority rule even if the
Founders of the country were not.
Political writers and senators have
been anguished over the end of the supermajority for confirming
Supreme Court nominees. They prefer the unconstitutional requirement
of a special vote. They lose sight entirely of whether the
filibuster is wrong and focus more on how its loss might affect their
political interests.
The filibuster is a way the Senate can
ignore the voters’ decision in an election. The voters picked
President Trump, so he gets to make the appointments with a Republican Senate. Should the
Democrats be able to block them because they can prevent a
supermajority?
It’s possible that, without the
supermajority, voters would be more aware that they were choosing not
only the president but also judges. Right now, judicial appointments
get little attention.
Senate Republicans have been claiming
the Democrats are trying to change the system, while GOP senators are
guiltless defenders of the proper way of conducting Senate business.
But their hands are stained by their own past action, which has
stimulated the Democratic response.
Obama nominated Merrick Garland to the
Supreme Court, a judge every bit as solid as Gorsuch, to fill a
vacancy. Controlling the Senate, the Republicans refused to even
talk with Garland, much less give him a public hearing.
The GOP senators claimed that, because
Obama was in the last year of his term, the appointment should wait
until after the elections, That approach has never been used in
American history. A president is elected for a full four years and
ought to be able to make nominations that are carefully considered,
even in the last year of the term.
The Democrats approved a fourth-year
nominee of GOP President Reagan. But last year, the Republicans
would not even consider – or talk to – Obama’s pick. After the
normal hearings, they could have voted against him. They could have
even used the filibuster rule to prevent his confirmation.
We also hear that ending the
supermajority for appointments will change the American political
system “forever.” But, in American history, we have had periods
with no cloture, a two-thirds requirement, a 60-vote requirement and,
now, the 60-vote rule for only certain matters. That certainly does
not suggest that changes last forever.
What some supermajority supporters
really mean is that it pastes a patch over the deep divide between
the parties in Washington. Without it, partisan warfare will only
get worse.
Just how much worse does it have to
get? This unconstitutional patch is really a fig leaf over a crisis
of partisanship that must come to an end.
Friday, March 31, 2017
Trump gets civic lessons from failed health bill
The
defeat of the House of Representatives attempt to repeal and replace
the Affordable Care Act provided great civics lessons.
Its
most important student turned out to be President Trump. “We
learned a lot about the vote-getting process,” he said.
“Certainly, for me, it was a very interesting experience.”
The
first lesson is there’s a big gap between promise and performance.
Many voters believe politicians lie. That’s because they
overpromise and then cannot produce.
Candidate
Trump promised his health care reform would do more than the ACA but
cost less. Yet the White House offered no specific proposal. The
president simply endorsed Speaker Paul Ryan’s bill as if it were
what he had promised. When it failed, he failed.
The
second civics lesson is that on major issues, the president proposes
and Congress disposes. That’s called the separation of powers.
Trump
expected that, because he won the presidential election,
congressional Republicans would fall in line behind him. This time,
it did not work that way. As much as he wanted to dominate the
process and paste the Trump name on it, he depended on an independent
Congress.
This
piece of legislation had to begin in the House, because the
Constitution requires “money” bills to start there. While
passage of the ACA, done with only Democratic votes, had taken more
than a year, Ryan allowed his bill only 18 days.
The
president made a series of assumptions about the House. He made no
effort to attract Democratic votes, expecting virtually all of the
majority Republicans, out of loyalty to him, would support the bill.
But
the bill ran into the Freedom Caucus, an extreme conservative GOP
group, which wanted outright ACA repeal without replacement.
Desperate to pass the bill, Trump and Ryan agreed to delete coverage
for such essential services as emergency and maternity coverage,
trying to reduce costs to gain conservative votes.
By
cutting health services and Planned Parenthood funding, Trump and
Ryan lost the support of some moderate Republicans, who risked
election defeat if they opposed their constituents’ interests on
these matters. And the leaders still could not pick up some Freedom
Caucus members.
Maine
Second District Rep. Bruce Poliquin, while worrying about Ryan’s
rushed efforts at passage, was not among the bill’s GOP opponents.
Ryan
could not afford to lose more than 21 GOP votes, but 33 opposed his
modified bill. Trump, always the salesman, urged them to change, but
they refused. The president was learning that loyalty to him does
not overcome the separation of powers.
Here
is another civics lesson. The bigger a party’s legislative
majority, the less unified it will be. More members means more
diversity of outlook. That explains the GOP opposition.
Even
if the House passed the bill, the matter would not be settled,
despite the impression Trump gave. The key part of this civics
lesson ignored by Trump was the independent role of the Senate. It
would not have simply accepted whatever the House passed.
Affecting
previously approved spending, the bill needed only 51 senators,
avoiding the 60-vote threshold to end a filibuster. But, with just
52 Republican senators, only a handful of opponents were needed to
block the bill. A sufficient number of conservatives and moderates
had already made clear their opposition.
While
the ACA may not be “collapsing,” as Trump and the Republicans
claim, it needs to be fixed. Competition is lacking in some markets
and costs are rising. It cannot work indefinitely under its current
rules or management by Health and Human Services Secretary Tom Price,
who would abolish it if he could.
The
lesson is that ACA reform, which must come eventually, should be the
result of negotiations between Republicans and Democrats. Ryan
worries about cooperating with Democrats, because he will lose some
Republicans simply for doing that.
Ryan
and Trump should try to get enough votes for a bipartisan deal and
worry less about inevitable Republican defectors. And they should
drop the idea of using health care reform to cut taxes on the
wealthiest, the real conservative strategy.
If
the Democrats accept the need for changes in ACA operation including
markets, while insisting on preserving ACA coverage, they should get
off the sidelines if invited by Trump or Ryan.
To
win votes, Trump overpromises. Trump needs to be less of a salesman
and more of a statesman. Is that possible?
A
friend of Trump’s has said: “On future legislation, he won’t
make the same mistakes.” If so, he must better understand Congress
and be more realistic about making promises he can’t keep.
Friday, March 24, 2017
GOP right, moderates make ACA reform unlikely; bring on the Dems
The
Affordable Care Act and its reform are causing confusion. Here’s
what we know.
It
covers more people than did the free market system and changes some
of the terms of insurance policies, but it does not abolish the
market.
Conservatives
dislike it because they believe it substitutes government for the
free market, costs too much and requires participation.
Progressives
like it because it partly substitutes government for the free market,
which did not cover millions of people.
Everybody
agrees it needs to be fixed.
There
are fundamentally only two ways to provide health care insurance to
people.
In
the U.S., the traditional approach was insurance sold by private
carriers. People could choose among policies the companies offered,
choose not to be insured, or simply couldn’t afford insurance.
Competition among insurers would supposedly control prices. The
system was mainly financed by insurance premiums.
In
other developed countries, government is the insurer, providing
coverage to virtually all people. Government, the “single payer,”
pays the bills. As the only customer, the government can control
prices and costs. The system is financed by taxes, which replace
insurance premiums.
The
American system includes elements of single payer: Medicare for older
people and the Veterans Administration.
The
traditional American system left too many people without coverage,
but the single payer system approach was widely considered to give
too much power to the government while destroying a key element of
free enterprise – competition.
By
2010, Congress included enough Democrats and President Obama to move
away from a pure market system, but not to a single payer. Congress
would not allow government even to provide a nonprofit competitor in
the market. The result was a compromise that shows the defects of a
hybrid.
In
2017, Congress includes enough Republicans and President Trump to
restore some or much of the market system, allowing competition to
attract people to insurance rather than a government requirement.
Some elements of the ACA might be allowed to survive.
The
ACA imposed some new costs resulting from the inclusion of tens of
millions of previously uninsured people and required additional
features, like guaranteeing coverage for pre-existing conditions.
It
does not control drug or hospital costs, which to continue to rise,
though at a slower rate. The new ACA costs are financed by new
taxes, mainly levied on the wealthiest taxpayers. Republicans would
repeal those taxes.
Rising
costs, accompanied by limits on what insurers can charge despite
higher premiums, are causing insurers to leave some markets. Trump
and GOP critics say that shows the coming collapse of the ACA.
Strong
right-wingers don’t want reform; they want repeal. Outright repeal
now may be impossible because the program is established, and many
previously uninsured people are not only becoming accustomed to it,
but find they like it.
Like
Social Security, which was once similarly challenged, it may become
an integral part of American life. If the ACA cannot be killed now,
strong conservatives reckon, it will never be ended.
One
element of the ACA that gets much attention is the financial aid
offered to states, allowing them to expand Medicaid to include many
more low-income people. States could turn this money down, but even
many Republican-led states accepted it to provide help to their
low-income uninsured.
In
Maine, Gov. LePage has thus far successfully blocked the state from
accepting more federal Medicaid funds. This year, a referendum could
allow Maine voters to expand Medicaid, known as MaineCare, without
the governor’s agreement.
As
Congress considers the ACA, a conflict exists between those who favor
repealing as much as possible and others whose constituents have come
to rely on it. Sen. Susan Collins has tried to lead Republicans
toward a state-by-state compromise that serves both sides, but it
seems to have no chance.
Neither
she nor Sen. Angus King is inclined to agree to a deal that strips
Maine people of coverage.
Health
care costs are increasing and with them insurance premiums from
Medicare, the ACA and insurers. Unless costs are controlled, the
health care tab will become impossible to pay under the free market,
single payer, or anywhere in between.
As
a start, when government gives drugs a monopoly, it should be
possible for government to impose price controls on greedy
pharmaceutical companies. That would be a huge reform in itself.
Whatever
happens in Washington, states may adopt their own health care
insurance programs. After all, Massachusetts adopted a program in
2006 that became the basis of the ACA. That state now has the lowest
rate of uninsured in the country.
Friday, March 17, 2017
Immigrants, refugees face U.S., European nationalism
President
Trump wants to build a wall with Mexico. The United Kingdom wants
out of the European Union. The Netherlands blocks the Turkish
Foreign Minister from campaigning. Gov. LePage wants to keep more
refugees out of Maine.
What
these policies have in common is a desire to keep a high degree of
national identity alive in face of mounting immigration.
That’s
“nationalism” and it’s sweeping much of the world. It is
incorrectly labeled “populism,” which applies to policies, mostly
economic, to support average people against the interests of the rich
and powerful. The nearest politician to populism is Bernie Sanders
not billionaire Trump.
Countries
like Britain, the Netherlands and France have long had immigrant
populations, usually supplied from their colonies abroad. Germany
has imported Turkish workers to support its strong economic growth.
Under
the EU, which aims at creating a single continental economy much like
the American, workers are allowed to take up residence in any of its
28 countries. As in the U.S. system, the efficiency expected from a
single market requires a single labor force.
Layered
over the presence of foreigners in European countries, who may
gradually assume citizenship where they live, is the influx of
refugees.
In
the U.S., refugees, mainly economic but sometimes political, may
enter the country without permission. Seen as refugees, they are
“undocumented immigrants.” Seen as lawbreakers, they are
“illegal aliens.”
Some
Americans oppose undocumented or illegal residents because they may
threaten to take jobs that otherwise might go to long-time citizens
or change the racial mix in which white men have dominated since the
founding of the country.
This
opposition has a long history. While Chinese were imported to build
railroads, work that American did not want to do, they were blocked
from immigration until the 1940s, when China was America’s wartime
ally. Interestingly, denying votes to women until 1920 reflecting
much the same sentiment.
Unlike
Europe, the U.S. had a long traditional of allowing, even inviting,
immigration as a way of taking control of vast territory. But
implicit in this policy was the understanding that the immigrants
should look like those already in the country. In short, they should
come from Europe.
In
Maine, there was once a movement called KPOOM – Keep People Out of
Maine. Now, LePage seems to agree with that movement if the
newcomers are refugees, who are different from the majority in the
least racially mixed state in the Union.
The
big exception to U.S. open immigration was Africans, who did not ask
to come, but were brought by force. They were not recognized as
being eligible to be Americans. It took the Civil War plus a hundred
years to change that view.
Today’s
anti-immigrant policy promotes the survival of a mentality that does
not welcome people who don’t look like the majority. The reason is
that the majority can see itself becoming the minority.
In
Europe, nationalism based on color and culture has deeper roots.
That creates a problem of divided loyalty. For example, the Turks in
the Netherlands may have Dutch passports, but they can also vote in
Turkish elections. That’s why a Turkish official wanted to
campaign in the Netherlands.
The
same dual nationality problem, maintaining divided loyalties, arises
in other European countries like Germany.
Then
there’s the EU. In Britain, an island country, people have become
uneasy with what seemed like an invasion of people from eastern
Europe. While ex-colonials might not be white, they behaved like the
British. But Poles and Rumanians obviously bring their own culture.
The
prime force behind Brexit is keeping different Europeans out. The
prime cost to Britain may be losing the benefits flowing from open
economic links with the Continent.
Add
the refugees to all this. As the result of devastating conflict in
the Arab Middle East, partly caused by the policies of the U.S. and
its European friends, millions of people have lost their homes and
their livelihoods. They fled to the nearest area where they could
find economic stability and shelter – Europe.
Europe
as a whole was not ready for them and had no policy, leaving it up to
individual countries. Germany, still overcoming its Hitler legacy,
opened its doors, at considerable risk to Chancellor Angela Merkel.
Other countries, through which a flood of refugees had to pass, could
not handle the influx.
Simple
nationalism, dual nationality or open-ended refugee status are not
the answer. Workers and refugees moving across borders are no longer
unusual. They are the new normal.
National
policies are needed that are clear, understandable and possibly
uniform across the world.
Friday, March 10, 2017
It's time to expose five recent political myths
Every
so often, the political news gets so rich in misinformation or
distorted facts, that it becomes time to expose some myths.
Myth 1: President Trump deserves our respect, because he was
elected president.
In
fact, it’s the presidency that merits our respect. The U.S. is
unusual in combining the head of state, the person representing the
entire country, with the head of government, the leader of a
political party. For example, in the United Kingdom, the queen is
the head of state and the prime minister is the head of government.
As
for Trump or any president, he or she must earn our respect. But we
also respect the presidency. The officeholder has the responsibility
of conducting the office to maintain that respect. The American
people can then easily rally to support a unifying president in time
of crisis.
If
the president’s conduct is disrespectful of the office by ignoring
his or her responsibility as chief of state, our unusual American
approach to government is threatened.
Myth 2: The American president runs the government.
Unlike a
corporation run by a single person, who may give orders to
subordinates and fire them at will, government agencies have powers
independent of management by the president.
To
protect the administration of justice from political manipulation,
laws have been passed by Congress and signed by presidents that
shield many Justice Department functions from political control.
Presidents
propose laws and carry out policies consistent with the law. They
also appoint people to head government agencies. By their broad
policies and appointments, they set the course of government and must
take responsibility for it, but they cannot run the agencies or
instruct agency heads on carrying out their jobs.
For
one thing, government, even if it were trimmed down, would be too
large to manage centrally. A president may order military action,
but he or she will not designate the specific unit assigned to the
job. That’s up to the Defense Department.
President
Trump appears to have thought he could control Attorney General Jeff
Session’s decision to take himself out of Russian election
tampering investigations. He was reportedly angry when Sessions did
just that. But, in fact, he has no control over such a decision.
In
the end, if there is a real conflict, the subordinate may have to
leave office. But too many firings or heated resignations could
undermine the president’s authority in other matters. Richard
Nixon learned that in the Watergate scandal.
Myth
3: Oaths matter.
In his confirmation hearing, Sessions swore he
would tell “the truth, whole truth, and nothing but the truth.”
The term “the whole truth” ought to mean he left nothing out.
But
in denying he had talked with Russians during the presidential
campaign, he omitted two meetings with the Russian ambassador.
Later, he said those meetings had nothing to do with the campaign but
only with his job as senator. Fair enough, if true, but still his
answer was not “the whole truth.”
He
might have avoided subsequent controversy if instead of telling “the
truth,” he had revealed “the whole truth.” As a lawyer, he
should have known better.
Myth
4: The majority seeks bipartisanship.
President Trump received much
credit for the restrained tone of his first speech to Congress. At
times, he called for the two parties to work together. But his
dismissive hand gestures toward the Democrats belied his words,
indicating they simply ought to fall in line.
Both
parties talk about a willingness to come up with a bipartisan
approach. But the majority invariably means the minority should cave
in and agree with it and, surely enough, we’d have a bipartisan
approach.
If
we ever see them sit down and negotiate with each side making
concessions, that will be bipartisanship.
For
Maine Gov. LePage there’s no spirit of compromise. He blames any
lack of agreement on the “faulty ideology” of “liberals,”
meaning Democrats. Fortunately, legislators of both parties still
know how to compromise.
Myth
5: The people are sovereign.
Under our system, all political power
flows from the people. Every bill passed by the Maine Legislature
begins with the words, “Be it enacted by the People of the State of
Maine.”
Maine
voters, like people in 22 other states, can pass laws on their own or
veto laws passed by the Legislature. The laws they pass are
unquestionably adopted by the sovereign people. But LePage and some
legislators tinker with the just-passed minimum wage law, claiming
they know better than the sovereign “People of the State of Maine.”
Friday, March 3, 2017
“Fake news” or “alternative facts” – Trump versus the media
Donald
Trump is an honest man.
When
the president says the traditional media, sometimes labeled
“heritage,” “main stream.” or “lame steam,” is publishing
“fake news,” he believes it.
How
can he think that traditional media reports, backed by sound
evidence, are fake, while his claims are accurate? The answer lies
in the difference between the worldview of Trump and, say, the New
York Times.
Take,
for example, Trump’s views that Middle Eastern immigrants are
causing unrest, even crime, in the Scandinavian paradise called
Sweden. The traditional media immediately jumps to point out there
has been no significant surge in crime there and certainly nothing
big from immigrants.
Trump
does not mean to be taken literally about Sweden. His point is that
immigrants disrupt society. He uses crime as a way of describing
that disruption. He believes that immigrants cause problems even in
Sweden, and that is the clear message of his claim.
In
short, he wants you to get his point and not worry about his facts.
If the Times takes him to task because he got the facts about Sweden
wrong, he slams the door on the Times, because it misses his point.
Some
of his closest advisors maintain that his view should be given
deference by the media, because he was elected president. If he says
it, it must be true. That’s what I have described as “presidential
facts” and Kellyanne Conway, one of his advisors, called
“alternative facts.”
Beyond
relying on his presidential standing, Trump may recall his New York
days when he could influence tabloids to accept his version of
celebrity gossip, according to a report by a columnist there. That
changes when you are president and not merely a colorful real estate
mogul.
Trump
loves flattery and showers himself with it. When the media finds
fault with him, he seems to regard that as “fake news.”
Political
leaders sometimes say they “take responsibility” or others charge
they should be “held accountable” for their miscues. In
practice, with infrequent elections, the only way they can be held
accountable occurs when the media highlights their errors.
Politicians
do not feel positive about the press that holds them accountable, and
Trump, who may deny his own responsibility, is like any other
politician.
Many
of his supporters continue to line up with him in this war over “fake
news.” Their support may be explained by a couple of recent books
showing that sound evidence might not change minds.
They
report that if you have confidence in another person, you may well
accept that person’s version of the facts on matters you do not
fully understand. The link that gives some people blank-check
confidence in Trump is their common desire to expel illegal
immigrants.
From
that agreement can flow support for Trump’s views on other issues
like the Affordable Care Act and trade, about which supporters may
have little or no knowledge. They may get to the point where they
reject any facts that contradict Trump’s assertions.
At
that point, Trump does not have to travel far to call the media, “the
enemy of the people.” a phrase right out Joseph Stalin’s Soviet
Union. “The people” consider illegal immigrants dangerous, and
if the Times undermines that view, it becomes their enemy.
Some
might call Trump’s view a reflection of living in an alternative
reality. He sees events, countries, threats and success from a
different perspective. Simply attacking his willingness to ignore
objective evidence can prove to be frustrating and, even worse,
counterproductive.
The
media needs to pile up hard evidence and keep presenting it while
avoiding what one writer has called “hyperventilating.” Less
righteous fury and more explanatory journalism is needed. The
traditional media should stop assuming readers and viewers know more
than they really do.
If
Trump is an honest man in an alternate world, it does not mean that
any political statement without evidence is similarly motivated.
Some of them are outright lies – when politicians tell you
something they know to be untrue.
Take
voting. In theory, some people may want to vote without eligibility
or more than once. There is no evidence this happens beyond a
handful of people across the entire country. Some Republicans admit
the claim is untrue. Their efforts to tighten voting access are not
about fraud but about turning away Democratic voters.
Deeply
held false beliefs exist in the country, and it is difficult to see
how they can be quickly corrected. No matter the challenge, the
responsible media should provide more light than heat and keep at it.
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