Showing posts with label Congress. Show all posts
Showing posts with label Congress. Show all posts

Monday, May 08, 2023

Today in Bloomberg Opinion: The Debt Ceiling Crisis Can Be Averted Only by Muddling Through

As the federal government draws closer every day to an unprecedented crisis over the debt ceiling, it's become apparent that averting default will require Joe Biden and Kevin McCarthy to choose a messy solution over the allure of a symbolic partisan victory, as I argue today in my latest piece for Bloomberg Opinion. (The article is also available via the Washington Post.)

Thursday, February 09, 2023

Honest Graft on the "Congress, Two Beers In" Podcast

 I had a great time the other day chatting with Josh Huder of Georgetown University on the "Congress, Two Beers In" podcast sponsored by Georgetown's Government Affairs Institute. We discussed Republicans, Democrats, Biden, Trump, Congress, policy, and media as we tried to figure out the current status of American party politics and where things might go from here. The episode is available at this link or can be found on podcast apps by searching for the Government Affairs Institute.

Friday, February 03, 2023

Today in Bloomberg Opinion: Biden's Had Success with Congress, But He's No LBJ

Some Democrats, justifiably happy with the legislative productivity of the 2021–2022 session of Congress, have gotten a little carried away lately when describing its supposed transformational importance. In today's column for Bloomberg Opinion, I draw on data showing that the last Congress was not historically exceptional in its lawmaking acoomplishments, and suggest that Biden's perceived achievements were made possible by the previous success of Barack Obama in enacting major health care reform in 2010. The piece is also available on the Washington Post site.

Monday, January 09, 2023

Today in Bloomberg Opinion: What the Freedom Caucus Gets Right About the GOP

The extended process of electing a House speaker last week put Republicans' internal divisions on public display. Democrats and leadership-aligned Republicans had ample opportunity to attack or mock the band of holdouts, many affiliated with the House Freedom Caucus, who prevented Kevin McCarthy from becoming speaker until the 15th round of balloting. But for all their grandstanding, the holdouts have a point about how Republicans fail to deliver on their government-cutting promises—which portends more conflict ahead, as I explain in today's column for Bloomberg Opinion.

Friday, October 21, 2022

What a Republican Congressional Majority Might Do: An Interview with The Signal

In an extended interview, I spoke with Graham Vyse of The Signal about what to expect from a hypothetical Republican congressional majority next year. It's likely to be an eventful Congress; as I observed in the interview, "The last time there was both a Democratic House and a Republican president in the United States, the president was impeached twice. The last time there was a Republican House and a Democratic president, the Republican speaker got run out of town by his own party."

Monday, August 22, 2022

Today in Bloomberg Opinion: Why Moderates Still Control Congressional Policymaking

I have a new piece in Bloomberg Opinion today that explains why moderate members of Congress continue to exert strong influence over federal policy—such as the recently-enacted Inflation Reduction Act, a bill shaped much more by Senator Joe Manchin of West Virginia than by the president or congressional leaders—even in an age of polarization when the number of moderates in office continues to dwindle.

Wednesday, September 16, 2020

2020 Has Quietly Become Another "Year of the Woman"

The entire House of Representatives and one-third of the Senate are up for election every two years. But congressional elections tend to lead the news only every other cycle, when there isn't a concurrent presidential contest. James Madison may have believed that the "legislative authority necessarily predominates" over the executive, but most Americans don't seem to behave accordingly; a development or trend in congressional politics that would be treated like a big deal in a midterm year will always receive much less attention if it happens to coincide with the selection of the president.

In 2018, the leading story of the congressional midterms was the anti-Trump backlash that handed control of the House of Representatives to the opposition Democrats. The "resistance movement" widely credited with fueling the Democratic victory was distinctively female in its complexion—not only among voters and activists but also at the level of the candidates themselves. A record number of women sought public office in 2018, and a record number were elected to Congress.

Though it hasn't received the same degree of notice this time around, the records broken in 2018 will be broken again this year. With yesterday's Delaware primary election marking the end of the congressional nomination season, the numbers are now available to make full historical comparisons. Among Democrats, 48 percent of all House nominees in 2020 are women, exceeding the all-time high of 42 percent set in 2018. And for the first time in history, a majority (58 percent) of non-incumbent Democratic nominees are women.

An even bigger change has happened on the Republican side this year. The mobilization of women was a single-party phenomenon last election, but now it's become bipartisan. The share of female Republican House nominees grew from 13 percent to 23 percent between 2018 and 2020, and the share of women among non-incumbent nominees surged from 18 percent to 33 percent—not only easily outpacing any previous election for Republicans, but even exceeding the Democratic rate in every year before 2018.




The picture in Senate and governors' races is less dramatic, but still shows an upward trend over time in both parties. The total number of female Democratic nominees declined a bit between 2018 and 2020, but that reflected a more heavily male class of sitting senators seeking re-election this year; the share of women continued to rise slightly among non-incumbent Democrats. In the Republican Party, 2020 did not produce the same abrupt spike in Senate and governors' contests that it did in House elections, but the party still narrowly set an all-time record with women constituting 19 percent of all nominees (up from 17 percent in 2018).





Most female congressional candidates won't win in November, since most non-incumbent nominees suffer defeat regardless of gender. Even so, it's likely that there will be a modestly higher number of women in the 2021–2022 Congress than there are today, especially since Republican women are sure to increase their representation in the House from the mere 13 now serving. With the possibility of a first-ever female vice president winning office as well, 2020 could quietly turn out to be the biggest electoral "year of the woman" yet.

Thursday, November 21, 2019

This Week in Impeachment: The Most Important Republican on the House Intelligence Committee Speaks

There are nine Republicans on the House Intelligence Committee, but only three of them have received extensive media attention during the public hearing phase of the committee's impeachment inquiry. The first is Devin Nunes, the ranking member and former chairman, who has led the Republican questioning of witnesses and complaints about the process. The second is Jim Jordan, temporarily added to the committee for the hearings, who has specialized in boisterous defenses of the president. And the third is Elise Stefanik, who attracted notice for claiming that she had been "silenced" by Adam Schiff for talking out of turn last week—an incident that both Stefanik and her Democratic opponent in next year's election immediately mined for fundraising success.

Yet the most important Republican participant wasn't any of these more visible, publicity-seeking members. Rep. Will Hurd of Texas conducted himself in a soft-spoken manner during the hearings and mostly avoided making extensive comments to the media. But because Hurd is himself a former intelligence officer, represents a normally Democratic-leaning district, has been critical of Trump in the past, and is retiring from Congress next year, he was always the most plausible candidate on the Republican side to endorse the position that the president may have committed an impeachable offense—and thus to lend an element of bipartisan support to the process as it proceeds.

At the conclusion of today's hearing, however, Hurd made it clear that he will not be voting to impeach Trump. He expressed dissatisfaction with the president's handling of Ukraine, but framed it as a case of "bumbling" rather than more serious impropriety and joined in his Republican colleagues' criticisms of the Democrat-led inquiry process. If Democrats can't succeed in winning Hurd's vote, it seems likely that the entire House GOP will remain united in opposition to future articles of impeachment.

Most mainstream media coverage has portrayed the past two weeks of hearings as very damaging for Trump and vindicating for his Democratic critics. Witnesses like Bill Taylor, Alexander Vindman, Marie Yovanovitch, and Fiona Hill have been treated as highly impressive and credible figures, and the evidence that they have laid out seems, to many journalists, to be both convincing and damning. House Republicans' inability to settle on a single line of defense, and their occasional lack of interest in even questioning witnesses, were also interpreted by media observers as signals that the facts are not on the side of the president.

But public opinion on impeachment has not moved beyond a near-even split between supporters and opponents, and, as Jonathan Bernstein notes, the procedural terrain for Democrats becomes less and less friendly from this point forward. The upcoming debate over articles of impeachment will undoubtedly become a highly partisan food fight both in the House Judiciary Committee and on the floor. Any Senate trial will be organized by the Republican leadership to include an aggressive focus on Joe Biden and his son while intentionally inconveniencing several of Biden's main Democratic rivals, who as sitting senators will be forced to choose to be absent either from the proceedings or from the campaign trail.

In many ways, the Ukraine affair is shaping up to follow the same pattern as innumerable other incidents over the past several years: an explosive, even unprecedented set of events and factual disclosures that yet change few minds on either side of a solidifying partisan divide. Some critics have suggested that Democrats are making a mistake by moving so quickly toward impeachment. But it seems clear that, whatever other benefits might have been gained from a slower process, a spontaneous emergence of bipartisanship would not have been among them. If Will Hurd isn't even wavering after the past two weeks of testimony, how many Republicans would ever have jumped?

Sunday, November 17, 2019

This Week in Impeachment: Why Can't Republicans Agree on What Happened with Ukraine?

According to a durable truism of American politics, Republicans find it much easier than Democrats to unite around a single political message. Not all nuggets of conventional wisdom are reliably accurate, but this one has substantial truth behind it: the collective self-definition of the Republican Party as the agent of an ideological movement makes it easier for Republicans to employ a common set of rhetorical themes, while the more coalitional Democrats are routinely speaking to multiple audiences at once. As one satirical headline from The Onion put it, "Democrats Unveil 324 Million New Slogans to Appeal to Each U.S. Resident Individually."

When it comes to the current impeachment inquiry, however, it's the Democrats who are collectively presenting a single theory of the case and the Republicans who are trying, so far unsuccessfully, to find consensus on an alternative argument. The events of this week illustrate the extent of this challenge, and the main sources from which Republican difficulties spring.

Republicans on the House Intelligence Committee came to Friday's public testimony of former ambassador Marie Yovanovitch with a clear message for the day's session: that Adam Schiff was a liar running an unfairly partisan inquiry. To this end, they took turns reading into the record previous public statements by Schiff that he would seek testimony from the whistleblower whose actions alerted Congress to the Ukraine affair. (Democrats have been abandoning these promises lately as they have found other witnesses willing to corroborate many of the claims in the whistleblower's original complaint.) Republicans also executed a procedural set piece—one of those almost-clever public stunts of which both parties are excessively fond when relegated to the minority—in which Rep. Elise Stefanik began speaking out of order, provoking Schiff to interrupt and deny her recognition; Stefanik and her colleagues then claimed that Schiff was abusing his authority in order to silence the only Republican woman on the committee.

The assumption behind this particular exercise was that Yovanovitch's testimony would not in itself be deemed particularly newsworthy by the press (she had no direct contact with the president, and her deposition in closed session had already been released), leaving partisan sparks on the committee to represent reporters' biggest takeaway from the day's proceedings. But President Trump foiled this strategy almost immediately by launching personal Twitter attacks on Yovanovitch that were soon echoed by his son Donald Trump Jr., stepping all over congressional Republicans' decision to treat her as a well-meaning but ephemeral public servant who was being misused by the real villains, the Democrats. Once Schiff read the president's words to Yovanovitch and invited her to reply, it was clear what the day's biggest media story would be. Republicans, normally reluctant to criticize Trump in public, didn't bother in this case to hide their frustration with his behavior.

Is impeachment a partisan witch hunt using career bureaucrats as dupes, or is it a deep state conspiracy in which they too are implicated? Is Ukraine a loyal ally deserving of the American military assistance that the Trump administration ultimately authorized in September, or did it treacherously intervene in the 2016 election on behalf of Hillary Clinton? Did the temporary withholding of aid have nothing whatsoever to do with Joe and Hunter Biden, or was it a proper point of leverage to force Ukraine to crack down on the kind of corruption that the Bidens supposedly personify? Were Rudy Giuliani and Gordon Sondland freelancing without Trump's knowledge or approval, or were they carrying out a plan masterminded by the president? Are the executive's constitutional powers so vast in the realm of foreign policy that no presidential act involving another nation could possibly be an impeachable offense?

It's increasingly clear that there is no common set of answers to these questions that both the White House and the congressional GOP can agree on—and stick to. Part of the problem is that Trump is willing to give up a lot of valuable factual ground as long as the normative defense of his actions remains absolute: celebrate him for committing murder and he'll thank you, but woe to the person who mildly criticizes him for jaywalking. Trump's inability to identify strategically counterproductive arguments on his own behalf has already caused him damage on the Ukraine affair. After all, the precipitating event that gave House Democrats a numerical majority supporting the pursuit of impeachment was Trump freely acknowledging to reporters that he had mentioned the Bidens in his July phone call with the Ukranian president.

Republicans' inability to settle on a single overaching defense that fits the uncontested facts of the case isn't likely to shake the loyalties of Trump supporters in the conservative media universe and the mass electorate. But it still makes a difference. Attentive elites in government and in the mainstream media are paying close attention to the impeachment process, and are sensitive to the quality of evidence and debate on both sides. So far, the prevailing view holds that Trump was, at least, up to something fishy with respect to Ukraine that justifies serious congressional examination. This judgment has noticeably colored press coverage and commentary; several journalists opined that the past week was one of the worst of Trump's entire presidency in part because of the effectiveness of the public hearings that began on Wednesday.

The media's reaction to Elise Stefanik's behavior on Friday was especially telling. Up until now, Stefanik has enjoyed a status as a bit of a press darling; as one of the few young Republican women in high-level political office and as a relative ideological moderate, she has regularly received positive coverage as the media-anointed face of a more "modern" Republican Party of the future (a role previously filled by figures like Bobby Jindal, Marco Rubio, and Nikki Haley). If the Washington community saw the Democrats' march toward impeachment as a stretch on the merits or a loser on the politics, journalists would have treated Stefanik's gamed-out attack on Schiff as a savvy maneuver or the raising of a fair procedural point, rather than as an attempted distraction by an ambitious Republican merely trying to ingratiate herself with a Trump-dominated party.

There are plenty of understandable reasons why the White House has prevented many potential witnesses from participating in the congressional investigation, and—given what we know—it may well be that Trump's political interests would not, on the whole, be served by honest testimony under oath by his subordinates. Yet one cost to this blockade policy is that there will be few witnesses in these open hearings with the motivation to mount a defense of the president built on their own authority as members of his administration and firsthand participants in the development of Ukraine policy. This unfilled space places even more weight on congressional Republicans, who must advance exculpatory arguments themselves rather than allow them to arise from the testimony of sympathetic executive branch officials. Perhaps it shouldn't be surprising, then, that the pro-Trump case so far is lacking the ideal amount of internal coherence.

Thursday, October 31, 2019

This Week in Impeachment: Pelosi Puts Her Skills on Display

Since the Ukraine story first broke in mid-September, important developments have piled up at such a rate that it's easy to overlook what hasn't happened. But here are a few headlines that have been virtually absent from the last five weeks of cascading news coverage: "Moderate Democrats Resist Impeachment Inquiry and Distance Themselves from Leadership." "Democratic Leaders Struggle to Satisfy Anti-Trump Base." "Democrats Fret that Impeachment Approach will Backfire in Key Districts." "Committee Chairs Battle over Jurisdiction while Senate Democrats Complain About 'Circus' in House."

This is not because the news media has lost its traditional appetite for juicy tales of internal party conflict. Rather, it accurately reflects the unusually high level of Democratic unity on the impeachment issue. Importantly, this unity appears to endure even in private—unlike on the Republican side, where public displays of support for the president have been accompanied by multiple accounts of anonymous congressional dissatisfaction and sniping at the White House.

Much of the credit for keeping Democrats unified belongs to the Trump administration, combined with the parade of witness testimony that continues to reveal damaging facts about the Ukraine matter at a near-daily frequency. The White House can use the levers of partisanship and conservative media pressure to keep most Republicans from publicly breaking with the president, but it has no obvious strategy for, or even seemingly much interest in, persuading any Democrats not to go ahead and vote for impeachment and conviction. The red meat contained in the October 8 letter to Congress from White House counsel Pat Cipollone, for example, was (among other things) a signal that no Democrat who continued to harbor qualms about impeaching Trump was going to be provided with any defense of the president's position that did not primarily rely on appeals to partisan loyalty.

Still, party unity seldom happens without party actors maneuvering to encourage it. The impeachment process has so far been a showcase for the political acumen of House Speaker Nancy Pelosi, who has managed to keep both Trump-phobic liberals and risk-averse moderates on board with minimal defection or even complaint. Despite initial expectations that impeachment might cause a serious rift in the House Democratic Party, only two Democrats voted against authorizing formal impeachment inquiry procedures on Thursday. The Democratic leadership managed to win support from 29 of the 31 House Democrats representing congressional districts carried by Trump in 2016, including 8 of the 9 Democrats from seats where Trump outpolled Hillary Clinton by at least 10 percentage points.

Successfully wrangling moderate votes on the floor was only one way that the passage of the impeachment inquiry resolution demonstrated Pelosi's skill as a party leader. Though media coverage of the issue has been dominated by partisan fights over whether the House needed to formally authorize an inquiry and whether minority Republicans were being given enough procedural power, much of the resolution itself resolves what could have been a messy conflict over the roles played by relevant House committees as the drive toward impeachment begins to accelerate. Importantly, it places the House Intelligence Committee chaired by Adam Schiff at the center of the process—even though the Judiciary Committee has historically taken the lead in impeachment cases.

It's interesting to speculate about the reasoning behind this decision; my political science colleague Sarah Binder suggests that Pelosi might have given Intelligence the starring role in order to appease party moderates. (While the Intelligence Committee's former reputation for bipartisanship has broken down over the past few years, its membership is still less dominated by partisan show horses than the Judiciary Committee, long a haven for diehards on both sides.) There have also been media reports that Pelosi trusts Schiff more to preside over public hearings than Judiciary chairman Jerry Nadler, with whom she has supposedly lost confidence. In any event, turf wars in Congress can be brutal, and even more so when an opportunity arises for potential media stardom once the proceedings move into view of the cameras. So while the formalization of committee roles may seem like inside baseball compared to other aspects of impeachment, the speaker's resolution of this particular issue is a quiet but important illustration of her effectiveness.

Pelosi's success is not unblemished; she has notably failed, at least so far, at fulfilling her own stated belief that impeachment should proceed with bipartisan support (not counting the ex-Republican Justin Amash of Michigan, now an anti-Trump independent). But she continues to be a somewhat underrated figure in the legislative politics of the 21st century, even though her record compares favorably to most of the other leaders who have held the speakership over the past several decades. It's likely that retrospective historical analyses will recognize her key role in clearing the path toward what now looks like a near-certain presidential impeachment.

Thursday, October 24, 2019

This Week in Impeachment: Republicans Want to Make Impeachment About Schiff, Not Trump

As it enters its second month, the impeachment inquiry is starting to strain the internal cohesion of the Republican Party. Damaging revelations about the Ukraine affair continued to trickle out this week from media reports and the House investigation, making congressional Republicans increasingly reluctant to defend the president's behavior on the merits.

On Tuesday, a reporter asked Mitch McConnell about Donald Trump's claim that McConnell had privately agreed that Trump's July 25 phone call with the Ukrainian president was "perfect." McConnell responded by denying any memory of his supposed praise of the president and notably passed on the opportunity provided by the question to confirm that he indeed approved of Trump's handling of the Ukraine issue. Public silence, often justified by claimed ignorance of the latest disclosures, has become Republican politicians' favored response to recent developments; as one reporter wryly remarked on Wednesday, "Once again a surprising number of Republicans are unfamiliar with the biggest story in DC." Many senators, perhaps with some relief, have fallen back on the excuse that, as potential "jurors" in an impeachment trial, it would be inappropriate for them to comment on the emerging factual record.

The Trump team has noticed. "Republicans have to get tougher and fight," Trump complained during his televised Cabinet meeting on Monday. The following day, Donald Trump Jr. criticized Lindsey Graham on Twitter for being insufficently visible in support of the president. A Daily Beast article published Tuesday night described a presidential administration and congressional party that had grown annoyed at each other, with a Senate aide suggesting that there was "very little appetite" among Republican senators for "defending the indefensible." The lack of a "war room" inside the White House for developing and disseminating a common set of talking points continues to frustrate many Republicans on the Hill; ex-John Boehner spokesman Michael Steel told the Washington Post that "in this situation, when only the president and his personal attorney seem to have all the facts, it's hard to have a coordinated defense."

But there are plenty of arguments against Trump's impeachment already in circulation; the president's own Twitter feed is an especially fertile source. The problem is that many congressional Republicans aren't comfortable staking their own credibility on any factual claim made by Trump, or committing to a specific line of defense that may later be abandoned without warning. When Republicans push for a counter-impeachment war room in the White House, they're really asking for a professional political shop in which strategy and communications are overseen by someone whom they trust to recognize their own political interest—in other words, someone other than the president.

Unsurprisingly, Republicans would rather discuss the behavior of the Democratic opposition. On Wednesday, a bloc of House conservatives led by Matt Gaetz of Florida disrupted the closed-door witness interviews organized by Democratic commitee chairs by crashing one of the meetings and occupying the hearing room for about five hours. This protest proceeded with the apparent approval of the president and the House Republican leadership; minority whip Steve Scalise of Louisiana was one of the participants. The following day, McConnell and Graham introduced a resolution co-sponsored by most Republican senators accusing House Democrats of violating Trump's due process rights and granting House Republicans insufficient procedural privileges.

Shifting the subject of debate from Donald Trump to Adam Schiff solves some problems for Republicans. Rather than struggling to justify Trump's Ukraine policy or to explain away the well-documented concerns of credible witnesses like Fiona Hill and Bill Taylor, Republican members can return to the safer ground of partisan grievance. It also promotes party unity: Republicans may differ considerably among themselves over what they think of Trump, but none of them is predisposed to sympathize with Schiff. And it's simply more fun to be on offense than on defense, to be firing charges at others rather than trying to swat them away.

Yet there are costs as well. Some of the most common current complaints about the Democrats' handling of impeachment might become moot as events move along. The two major lines of attack at the moment are that access to witness depositions is restricted to the membership of the relevant House committees and that the House has not voted to authorize an impeachment inquiry. But today's private sessions will be succeeded by tomorrow's public hearings, and the House may well vote eventually to formalize the inquiry. By the time that House members actually consider articles of impeachment weeks or months from now, these objections will have lost much of their potency.

And when Republicans focus their energies on making the procedural case against Schiff, they risk failing to invest in disputing the substantive case against Trump—which potentially surrenders a lot of valuable ground to the pro-impeachment side. As one Republican source told CNN, "We can't defend the substance [so] all we do is talk about process." But Americans usually don’t care much about process disputes, whatever the merits of these disputes might be. Trump is right to worry that if many of his fellow Republicans are unwilling to confidently assure the public of his innocence, the public may draw the natural conclusion that he must have done something seriously wrong.

Thursday, October 10, 2019

This Week in Impeachment: Trump Lets Democrats Off the Hook, Puts the Squeeze on GOP Instead

The impeachment of President Trump was already a likely event by the end of last week. It became even more likely this week.

Three sets of developments each acted to push the probability of impeachment higher over the past few days. First, the Trump White House made it clear that it was adopting a maximally combative approach, refusing cooperation with Congress and even imposing a last-minute veto on Tuesday's scheduled deposition of Gordon Sondland, the ambassador to the EU who was directly involved in policy toward Ukraine. This response seemed certain to strike Democrats of all ideological persuasions as unacceptably dismissive of the constitutional legitimacy of congressional oversight.

Second, a series of news stories filling in additional details and opening up more angles on the Ukraine affair kept momentum alive and suggested that future investigations, whether by Congress or the media, would potentially uncover even more impeachment fodder over time. New facts are still emerging on a daily basis, and it seems likely that the true scope of the story is not yet understood.

Third, a series of public opinion surveys confirmed that most Americans support the impeachment inquiry—and a Fox News poll released on Wednesday even found a slim majority already favoring Trump's removal from office. A Washington community that is ordinarily fond of cautioning Democrats that they are risking "overreach" by engaging in any politically assertive behavior temporarily ceased its usual litany of warnings, as the previously sizable bloc of citizens in the "dislike Trump but oppose impeachment" camp turned out to be easily convinced to jump aboard once Democratic leaders made the case for it.

Some pundits have interpreted the White House's flouting of Congress, including the sudden yanking of Sondland's congressional appearance on Tuesday, as the strategic playing of a weak hand. Why else would the president take steps that virtually ensure his impeachment, if not to desperately head off testimony and other evidence that would be at least equally damaging?

But it's likely that the stonewalling, at least in this case, was driven by presidential psychology more than any kind of justifiable calculation. Sondlund doesn't really fit the profile of a devastating witness against Trump—whom he continues to serve as ambassador—and it would have been easy enough for him to alternate rhetorical defenses of the president with claims of ignorance or lapsed memory when it came to any inconvenient details. Blocking his deposition with blanket assertions of executive supremacy alienated Democrats while signaling "coverup in progress" to the media and other attentive political elites. Even congressional Republicans seemed to believe that Sondlund would be more likely to help than hurt the president's case, apparently convincing the White House by Thursday night to permit him to testify after all next week.

Trump's risk-taking approach is not limited to the procedural warfare that seems ultimately destined to provoke additional counts of impeachment against him. He also continues to insist that he has done "nothing wrong" and therefore deserves no criticism from any direction. This behavior, too, has the effect of boxing in other Republicans while taking pressure off the more cautious members of the Democratic opposition.

When White House scandals arise, fellow partisans often perceive the safest political ground for themselves to be a middle position between conviction and exoneration: the president did something he shouldn't have, but the offense isn't serious enough to justify removal from office. This was the approach many Democrats adopted when Bill Clinton was impeached in 1998. Though aspects of Clinton's behavior were indefensible, they argued, his transgressions did not meet the constitutional standard of high crimes and misdemeanors. Once Clinton (eventually) acknowledged the impropriety of his relationship with Monica Lewinsky, expressing criticism of his actions did not require other Democrats to break with the White House's own party line.

Trump will have none of that. The events of the week signaled that no contrition will be expressed—not even a sentiment in the vein of "I'm sorry that foreign governments apparently misinterpreted my innocent remarks"—and no disloyalty will be tolerated. Blocking off this escape route puts congressional Republicans in an uncomfortable position. Any criticism of Trump from within the GOP, however gentle, will attract national media attention and potentially provoke a presidential counterattack on Twitter. But openly defending Trump's behavior has its own risks: according to this week's Fox News poll, 66 percent of Americans think that it was wrong for the president to ask foreign leaders to investigate his political rivals, and only 17 percent agree that Trump's comments on the call with Ukrainian president Zelensky were appropriate.

So far, a common Republican response to this dilemma is to publicly oppose impeachment as an unjustified partisan exercise led by Nancy Pelosi and Adam Schiff, but to also avoid directly answering the question of whether the president acted properly or whether soliciting foreign assistance in an electoral campaign (potentially a federal crime) is permissible behavior. This strategem may turn out to be a successful solution to Republicans' conundrum, but it carries an inevitable awkwardness that may not be sustainable as the story continues to progress over subsequent weeks and months.

Trump is wagering that he can hold Republicans in line by the mere threat of intra-partisan reprisal. He may well be right about this; if most Republicans aren't even willing to criticize Trump in public, they're certainly a long way from voting to impeach him or remove him from office. But for now, the president is likely to find fewer vocal defenders than he would have if he were willing to give an inch of ground by acknowledging the possibility that he might have made a mistake or two. So far, Trump's insistence that his communication with Ukraine was "perfect" has succeeded at creating more discomfort within the ranks of his own party than among his political opponents.

Tuesday, January 29, 2019

Why Pelosi Gets More Attention Than Schumer For Taking on Trump

In the wake of President Trump's decision last Friday to sign a temporary continuing resolution that reopened the government for three weeks, thus ending the longest federal shutdown in American history, the most popular interpretation of this development (widely held in all but the most pro-Trump corners of the conservative media) was that Trump had conceded defeat in a one-on-one battle of wills with House Speaker Nancy Pelosi. Pelosi, by most accounts, had personally outmaneuvered, outwitted, and simply out-toughed the president. The resulting headlines tell this story clearly enough: "How Nancy Pelosi Ended Donald Trump's Shutdown" by Ezra Klein of Vox; "'She's Not One to Bluff': How Pelosi Won the Shutdown Battle" by Politico"How Nancy Pelosi Used Her Smarts and Strength to Absolutely Dominate Donald Trump" by columnist Elizabeth Drew.

This Pelosi-centered frame prevailed even though the precipitating legislative maneuver that preceded Trump's concession occurred in the Senate. Last Thursday, Mitch McConnell introduced a Trump-backed proposal that included billions in funding for a border wall; it received only 1 Democratic vote (from Joe Manchin of West Virginia, the Senate's least liberal Democrat) and lost 2 votes from arch-conservative Republicans. McConnell then allowed consideration of a Democratic alternative "clean bill" that lacked wall funding, which attracted a higher level of support by combining a unanimous vote from Democrats with 6 defecting Republicans. It was clear at that point that momentum had turned against the White House.

According to a report from Axios, it was only after Chuck Schumer told McConnell that Trump's idea for a "down payment" on the wall funding was a non-starter among Senate Democrats that Trump was convinced to drop his demands and reopen the government. Schumer had previously goaded Trump into taking responsibility for the shutdown during a December meeting in the Oval Office that Trump had abruptly opened to the press. Throughout the entire process, Schumer and Pelosi seem to have worked in close collaboration to oppose the White House and congressional Republicans—even appearing together to deliver the response to Trump's national address on January 8. Yet the same media stories that featured blaring headlines crediting Pelosi for besting Trump relegated Schumer's role to brief passages in the bottom paragraphs when they mentioned him at all.

Why have the two Democratic leaders received such different coverage, in both quantity and quality, during and after the shutdown? Here are three reasons for this pattern:

1. Personal Reputation. Before the shutdown occurred, Pelosi was widely considered to be a committed liberal, while Schumer was viewed as much more of a "squish." This distinction is not unjustified. Yet it reflects the differing institutional constraints of the two Democrats as much as their personal instincts. The procedural complexity of the Senate requires its leaders to be more transactional than the majoritarian House, and Schumer's need to defend ten members of his caucus running for reelection in Trump-carried states during the 2017–18 session of Congress constrained his ability to lead the public opposition to the president—in contrast to Pelosi, who was freer to play offense. But it also meant that media analysts and partisans on both sides were likely to view the shutdown resolution as a victory for the supposedly tougher and more principled Pelosi regardless of the true nature of events. (Note the January 15 headline from the satirical Onion: "Chuck Schumer Honestly Pretty Amazed He Hasn't Caved Yet.")

2. Job Title. Put simply, Pelosi is the leader of a majority and the most powerful legislator in her chamber, and Schumer is not. It is thus natural in a sense for her to be treated as the primary face of the opposition to Trump, even if the Senate minority's ability to exercise obstructive power via the filibuster is a fundamental characteristic of our political system. Pelosi was also in the position to send a highly-publicized letter to Trump disinviting the president from giving his State of the Union address until the shutdown was ended, which certainly added to the perceptions that the larger partisan standoff over the border wall amounted to a personal conflict between the two of them.

3. Gender. Nancy Pelosi has been a highly skilled and effective legislative leader for 16 years, including a very productive previous tenure as speaker between 2007 and 2010. It is hardly a coincidence, however, that after almost two decades in power she has achieved a newfound status as a national feminist icon at a time when the opposing president is Donald Trump. Even for the mainstream press, the idea of anti-Trump forces being led by a woman is simply too good a story line not to adopt as the dominant frame of the current partisan divide in Washington. Journalists are especially interested to know what Trump thinks of Pelosi—a curiosity that does not extend equally to Schumer or many other Democrats.

Gender is on everybody's mind more than usual these days. If, say, Patty Murray were serving as the Senate minority leader rather than Schumer, it's very likely that the events of the past several weeks would have been framed as "Trump versus two women" rather than "Trump versus Pelosi," even if the legislative roles, sequence of developments, and final outcome had remained the same. At a time when journalists and citizens alike are even more inclined than usual to view politics in terms of the personalities and identities of individuals rather than larger structural or institutional factors, it's worth remembering that the stories we're told are sometimes the stories we're in the mood to hear.

Saturday, December 29, 2018

The Freedom Caucus Will Remain Powerful in 2019, Thanks to Trump

Because the House of Representatives operates by majority rule (unlike the Senate), the loss of the 2018 elections means that House Republicans will need to become accustomed to an immediate evaporation of their institutional power once the new session of Congress begins on January 3. As the New York Times points out today, most Republican members have never experienced life in the minority, and will need to adjust to an abrupt reduction in their procedural importance. "We have come to grips with the shock of the election," explains Rep. Adam Kinzinger (R-IL), "but the shock of [not] governing will still be a wake-up call for some people."

One might expect that the House Freedom Caucus would be especially hard-hit by the shift in party control. Though it represented no more than about 20 percent of Republican House members, the Freedom Caucus was able to exert disproportionate leverage in the past by threatening to vote against initiatives backed by the Republican leadership. When combined with the votes of minority Democrats, opposition from the Freedom Caucus would ordinarily be enough to sink legislation on the House floor, and could even be used to force out a sitting speaker. Starting in January, however, the Freedom Caucus will be a minority of a minority, without the ability to strategically harness Democratic votes to bolster its legislative influence over the Republican conference. Its former leader Jim Jordan lost his race for minority leader to Kevin McCarthy by a lopsided vote of 159 to 43, and then failed to win enough party support to become the ranking minority member on the House Judiciary Committee.

Yet the Freedom Caucus will hardly be irrelevant in 2019, because it retains a powerful ally in the White House. Trump may have campaigned as a heterodox populist, but he has mostly governed as a hard-line conservative, and his intermittently rocky relationship with the Republican congressional leadership has made him sympathetic to party insurgents who share the same set of complaints about the slow pace of conservative legislative accomplishments. Members of the Freedom Caucus have further strengthened these bonds by serving as frequent defenders of his administration on cable television and by targeting Robert Mueller and Rod Rosenstein—an easy way to earn the affection of the president.

The current government shutdown over Trump's border wall demands has Freedom Caucus fingerprints all over it. Jordan and Freedom Caucus chair Mark Meadows have encouraged Trump's instincts toward political confrontation on the issue, in contrast to Republican leadership figures who have signaled their impatience with the shutdown. Like Trump, the Freedom Caucus cares a lot about maintaining the enthusiastic support of activists and media personalities on the right, and little about expanding its appeal beyond the bounds of the Republican Party's conservative base.

One potential eventual solution to what now looks like an extended shutdown is for Congress to override a presidential veto of a resolution reopening the government. But while most congressional Republicans would prefer not to take the heat for Trump's risky shutdown strategy, it's likely that the Freedom Caucus would stay loyal to Trump and gladly pile public attacks onto fellow Republicans who considered defection. Under such circumstances, it's hard to imagine that enough Republicans would join Democrats to achieve the necessary two-thirds majority in the House. The formal institutional power of the Freedom Caucus may be waning with the end of the Republican majority, but its role as an enforcer of purity within the GOP as a whole will remain fully intact as long as the Caucus stands with Trump, and Trump with it.

Saturday, December 15, 2018

Get Ready for a #Hashtag Congress

The deal announced this week between Nancy Pelosi and several holdout Democrats ensures Pelosi's return to the speakership after an eight-year hiatus, in exchange for her pledge to serve no more than two additional terms in the position. Pelosi was already the endorsed choice of the incoming House Democrats to be the next speaker; 203 of 235 caucus members had supported her to continue as party leader in secret balloting conducted in late November. But the unique constitutional requirement that the speaker be selected by a majority vote of the entire House gives even small dissenting factions within the ruling party potential leverage over the speakership, as John Boehner discovered when a few dissatisfied members of the House Freedom Caucus successfully forced him from the position three years ago.

Behind-the-scenes accounts of the internal challenge to Pelosi emphasize the problems that the Democratic rebels faced in uniting behind a common set of objectives, coordinating their tactics with each other, and finding an alternative candidate willing to stand for speaker. With the anti-Pelosi effort soon stalling in the face of these obstacles, a few announced opponents flipped back onto Pelosi's side in exchange for minor concessions, signaling to the rest of the party that this wasn't a bandwagon worth jumping on. It's trendy at the moment to credit Pelosi as an all-time master legislative tactician and vote counter, but in this particular case her powers don't seem to have been put to an especially strong test.

While the renegade faction committed its share of mistakes—the (undoubtedly Pelosi-allied) sources behind the press reports seem especially intent on portraying Seth Moulton of Massachusetts, one of the ringleaders, as an arrogant bumbler—their cause was also hurt by two major changes in the larger political environment during the two years since 63 House Democrats voted against Pelosi for leader in November 2016. The first is a sudden explosion of political engagement among Democratic activists, especially online. The second is a concurrent spike in the salience of gender issues and the descriptive representation of women in Democratic politics.

Both of these trends are best understood as responses to the ascendance of Donald Trump to the presidency rather than to any developments in Congress. But Pelosi became their beneficiary nonetheless. Over the past two years, millions of Democratic citizens have started to pay close attention to the daily news from Washington—even following events in real time on Twitter and Facebook—and demanding a greater voice for liberal women in American government and society. All of a sudden, it's a good time to be a woman seeking power in the Democratic Party. Pelosi has been the leader of the House Democrats for 15 years, but only in the last few weeks has she become a liberal icon such that her confrontation with Trump at the White House over the border wall inspired online memes and the coat she was wearing sold out of stock overnight—prompting a reissue by the manufacturer.

As Jonathan Bernstein observes, "the rebels seriously misunderstood the political situation . . . it sure seemed like there was real grassroots support for Pelosi, possibly organized by the same people who have energized the resistance and who drummed up turnout in the midterms." Pelosi supporters on social media began to use the hashtag #FiveWhiteGuys to refer to her challengers within the party, even though Kathleen Rice of New York was one of Pelosi's leading opponents and Marcia Fudge of Ohio came the closest to running against Pelosi for speaker (in today's liberal online rhetoric, the label "white guy" carries with it an implicit self-explanatory dismissiveness). But defense of the Democratic leader spread from the virtual realm into the real world as well; Moulton was confronted at a public event in his district over his role in the anti-Pelosi maneuverings, and a female state legislator began to talk about running against him for renomination in 2020.

The 62 members of the incoming Democratic freshman class also provide a clue about the prevailing sentiments among the party at the grassroots level, to which they are presumably attuned. A number of these newly-elected members distanced themselves from Pelosi during the campaign for electoral reasons, even pledging in some cases not to support her for speaker. But few of them wanted to have anything to do with the organized dump-Pelosi movement, preferring to keep any opposition as quiet as possible once the 2018 election was over; only five signed the public letter opposing Pelosi spearheaded by Moulton.

The unprecedented interest of Democratic activists in what some observers might have assumed to be an inside-Washington debate over congressional leadership succession raises the question of whether social media users and other politically passionate citizens will continue to be closely attentive to congressional affairs once Pelosi claims the speaker's gavel on January 3, and whether such attention will affect the behavior of Democratic members of Congress in consequential ways. In the past, conservative media sources like talk radio have often been credited with provoking tidal waves of phone calls or letters to Capitol Hill offices that have been successful at times in influencing the votes of their recipients. It's increasingly possible that the viral post or hashtag will become the modern liberal equivalent, threatening Democratic officeholders with the outrage of the logged-in activist community if they don't support one or another favored party leader, legislative item, or presidential impeachment article.

And, if the voluble and assertive Twitter feed of soon-to-be Representative Alexandria Ocasio-Cortez is any indication, in the next session of Congress more and more debate between members themselves will move from C-SPAN to cyberspace. After all, that's where the audience is.

Friday, November 09, 2018

2018 Election Recap: It Ain't Over Yet!

In this age of instant hot takes and pre-written post-mortems, it's frightfully gauche for a political analyst to wait more than a minute before weighing in on a major national event. But while unrelated professional responsibilities prevented me from updating the blog until now, perhaps I can take advantage of having had a little more time to assess the evidence before adding my voice to the chorus of electoral interpreters. After all, it's been amusing to watch the conventional wisdom evolve from "the Democrats are underperforming in the House vote" to "the Democrats did fine in the House, but have to be disappointed by the Senate and governors' races" to "the Democrats engineered a big House wave, plus they also held their own in the Senate and made key gains downballot" over the 48 hours that elapsed after the first returns arrived on Tuesday night.

Besides, the election itself isn't exactly over: plenty of ballots remain to be counted in California and Arizona, while both major statewide contests in Florida are headed to recounts that have already plunged into legal challenge amid charges of fraud and maladministration. Those of us with students too young to have consciously experienced the extended postgame in 2000 will surely welcome the opportunity to guide them through a remarkable replication played out in real time over the rest of the current academic semester. And with that, some initial observations on the results of the 2018 midterm elections—or at least the results so far—with more to follow in the coming weeks:

1. The shifts in party fortunes that resulted from this week's vote are of course important, but not enough is being made of the astounding voter turnout rate—now estimated at 48.5% of eligible citizens, which would be the highest level in a midterm election since 1966 (before the national voting age was lowered to 18) and would even approach the 51.7% of Americans who turned out for the 1996 presidential election. The opposition party is typically well-mobilized in a midterm year, and Democrats certainly succeeded in stimulating exceedingly high participation by those dissatisfied with the ruling regime. But Republicans also marched to the polls to defend a president whom many had only reluctantly supported in 2016, just as pre-election indicators of interest and engagement had suggested, and succeeded in salvaging control of the Senate and a majority of state governors and legislative chambers from the national Democratic tide.

Whether they land on the pro or con side, Americans are thinking, talking, and doing politics much more since Donald Trump was elected president of the United States. Trump's ubiquity is, in general, a massive liability for his party—given the state of the economy, the Republican House majority would surely be intact today had virtually any other 2016 presidential candidate won the office instead—but it does have its specific uses, such as a super-charged rural vote that helps to deliver midwestern and southern Senate seats and governorships into Republican hands. From today's vantage point, the turnout rate in 2020 seems likely to hit or exceed 65 percent (it was 60 percent in 2016)—which would represent the highest proportion of eligible citizens participating in a national election in more than 100 years. It sure looks like we've found a solution for the much-lamented "vanishing voter" problem of past decades; weirdly enough, though, few people these days seem to be cheering that American civic virtue has been restored to a robust state of health.

2. Trump's alienation of previous Republican supporters among the white-collar professional suburban class (especially the female members thereof) continues to leave its marks on the electoral map. Most of the gains made by Democratic House candidates were located in the nation's largest metropolitan areas: greater New York, Philadelphia, Washington, Atlanta, Miami, Detroit, Chicago, Minneapolis, Dallas, Houston, Denver, Seattle, and Los Angeles all produced at least one (and, in some cases, much more than one) R-to-D seat flip. (And in metro Boston and San Francisco, there simply are no remaining GOP-held seats for Democrats to capture.) But many of these shifts are either located in states that are already solidly blue (like New York and California) or are potentially neutralized by countervailing trends in smaller cities or towns elsewhere (as in Florida or Pennsylvania), limiting the consequences for state-level partisan alignments—which remain quite stable.

And while Democrats have reason to be encouraged by rising electoral strength in Sun Belt population centers from Georgia and Texas to Arizona and Nevada, their performance in the Midwest—while markedly better than its 2016 nadir—still stopped short of a full rebound to Obama-era levels. In fact, while the pre-election polling was for the most part impressively accurate, it consistently underestimated Republican strength in statewide races in Ohio, Indiana, Michigan, Iowa, and Missouri. The Midwest will remain the nation's biggest battleground in 2020, but it's clear that Democrats can't simply depend on Trump's New York-style brashness pushing the region's voters back in their direction. (And this observation, in turn, has associated implications for a Democratic presidential nomination contest that will soon kick into high gear.)

3. While the 2018 election was largely a referendum on the president, the identity of the individual candidates still mattered as well—as confirmed by the margin of victory in the Texas Senate race. Departing, perhaps out of necessity, from its usual practice of favoring veteran elected officials in its candidate recruitment efforts, the national Democratic Party managed to assemble a very strong assortment of "not a typical politician" congressional challengers who, for the most part, proved good fits for their districts and convinced the electorate of their qualifications for office even as they lacked long public records ripe for mining by the Republican opposition.

What we don't yet know, however, is how many of these self-styled new voices will attempt to keep their distance from older generations of Democratic leaders once they take their seats in the Capitol. There's little reason to expect a collectively demanding and persistently unruly class of House freshmen à la 1995 or 2011, but the number of Democratic candidates who promised not to support Nancy Pelosi for speaker on the campaign trail this year suggests the perceived political value that lies in maintaining public independence from the existing congressional party. Pelosi herself may be safe, at least for a while—among her other advantages, there doesn't appear at present to be a clear alternative candidate for the speakership from within the Democratic ranks—but the newly-elected members will need to be given some kind of visible accommodation once they arrive in Washington, and the question of what the post-Pelosi future looks like will hang in the air even if she successfully reclaims the speaker's gavel.

Wednesday, July 18, 2018

In the Democratic Party, Even "Anti-Politicians" Tout Policy Credentials

One of the most distinctive characteristics of the large congressional freshman classes elected in the Republican midterm landslides of 1994 and 2010 was the sizable proportion of new members in both years who had never before held elective office. These "citizen legislators" effectively harnessed longstanding public suspicion of Washington and temporary time-for-a-change popular sentiment to cast themselves as untainted outsiders rather than professional politicians, successfully jumping directly to Congress without climbing the traditional career ladder via town councils and state legislatures.

On the Democratic side, candidates have historically been less likely to adopt the persona of the insurgent outsider, and Democratic organizations have normally preferred to recruit and reward candidates for Congress who have previously served as elected officials. (From the party's point of view, potential congressional nominees who have already attained positive name recognition among voters, who have built extensive fundraising networks, and who can boast a successful track record in managing political campaigns have normally been considered the safest bets to perform well in general elections.) Thus even the national Democratic victories of 2006 and 2008 did not produce freshman classes packed with self-styled "anti-politicians" who had won their seats by advertising their status as electoral newcomers.

This year, however, many of the Democratic nominees in competitive districts lack previous elective experience—a pattern that could foreshadow a more reformist House if the 2018 elections return the Democrats to power. But these new Democratic "amateurs" are still not exactly the mirror images of their Republican counterparts. As Amy Walter of the Cook Political Report recently wrote after interviewing twelve Democratic challengers in pivotal House districts:

Only four of the 12 hold elective office or have ever run for office. Most of the others, however, are policy veterans. Some worked in the Obama White House or other branches of the federal government during the Obama era. Others worked as advocates in their states/districts on issues ranging from voting rights to child advocacy to housing issues. In other words, they aren’t your local dentists or lawyers or business owners who suddenly got "fed up" or "activated" to service. Their lives have long been defined by activism of one sort or another.

Walter doesn't name the specific subjects of her interviews, but it's not hard to identify candidates who fit this description. Here are a few examples of Democratic House candidates who have never held elective office but have served in government or as policy activists, all from competitive seats that the Cook Report currently classifies as "Tossup" or "Lean Republican/Democratic" in the coming election:

Katie Hill (California 25): Anti-homelessness non-profit organization executive

Lauren Baer (Florida 18): Former State Department staffer

Lauren Underwood (Illinois 14): Former Heath and Human Services Department staffer

Cindy Axne (Iowa 3): Former state employee and local education activist

Elissa Slotkin (Michigan 8): Former Acting Assistant Secretary of Defense, CIA analyst, and White House national security staffer

Susie Lee (Nevada 3): Education non-profit organization executive

Andy Kim (New Jersey 3): Former White House National Security Council member and State Department staffer

Tom Malinowski (New Jersey 7): Former Assistant Secretary of State and White House National Security Council member

Leslie Cockburn (Virginia 5): Journalist, author, and environmental organizations board member

Abigail Spanberger (Virginia 7): Former CIA operations officer

It appears that even non-traditional congressional candidates get ahead in the Democratic Party by promoting themselves as holding relevant political or governmental experience, even if it's not specifically elective experience. Voters in Republican primaries chiefly demand ideological qualifications, but voters in Democratic primaries also value policy expertise—a natural asymmetry given that Democratic constituencies have a much greater perceived interest in effective government action. (Recall that in the liberal fantasyland of the West Wing TV show, the Democratic president was a Nobel Prize-winning economics professor who also spoke four languages and was an excellent chess player with a mind for trivia.)

Even the non-"career politician" bloc among future House Democrats is therefore likely to have less of a purist, insurgent character than was displayed by the aggressively anti-establishment Republican freshmen of 1994 and 2010. At the same time, the first order of business for newly-elected Democratic members after the November election will be a leadership vote that could well result in a shakeup deposing one or more of the current regime. So while they won't have come to Washington to attack government itself, this potential new generation of first-time legislators may still be in a position to bring immediate change to Capitol Hill.

Thursday, May 10, 2018

What We Can Learn From the Demise of Trump's Infrastructure Plan

On Wednesday, White House press secretary Sarah Huckabee Sanders confirmed what had already been apparent for months: Congress is not going to enact infrastructure legislation this year. In its early weeks, Trump treated infrastructure investment as a major goal of his presidency; as recently as January's State of the Union address, it served as one of the primary elements of his proposed legislative agenda. But the details of the plan remained vague, enthusiasm among congressional Republicans was palpably limited, and periodic attempts by the White House to talk up the issue always seemed to be derailed by unrelated distractions of its own making.

Even in a conventional administration, "presidential initiative hits dead end in Congress" is hardly an unusual story. But the death of the infrastructure proposal also tells us something about the current state not only of the Trump presidency, but of the wider Republican Party.

Most national political leaders, most of the time, have historically operated under the assumption that they will be rewarded by the electorate for delivering widely popular policies and benefits; in the pithy words of Bill O'Reilly, voters are thought to "want stuff." This inclination tends to provide a brake on ideological extremity, encouraging members of the majority party to resolve their internal differences in order to amass a collective record of productivity and accomplishment. The ability to claim credit for working the system to provide funding for projects in their home states and districts was once seen as a significant advantage for incumbents running for reelection—and even as an explanation for the structure of Congress itself. Previous presidents have likewise habitually advanced policy priorities that were popular with average voters—from Bill Clinton's crime bill and welfare reform to George W. Bush's prescription drug benefits and public education funding—even if they departed at times from party orthodoxy.

But today's ideologically-oriented Republican Party increasingly rejects this logic. Rank-and-file Republicans, increasingly afraid (with good reason) of primary challenges from the right, are reluctant to support centrist or bipartisan legislation regardless of its overall popularity. Legislative leaders, who normally concern themselves with protecting the party's majority by playing to key voters in competitive seats, must now also keep a worried eye on their own right flank. The Senate majority leader has been cast as a sellout to conservatism by members of his own party in several Republican primaries this year, while the speaker of the House is departing from Congress rather than endanger future political ambitions by risking his reputation for ideological fidelity.

The president has found it politically useful to sell himself in public as a get-it-done Mr. Fix-It rather than a conservative thinker—and, indeed, media coverage during the 2016 campaign mostly adopted Trump's own framing of himself as a maverick outsider dedicated to "making deals" rather than upholding philosophical principles. But Trump hasn't placed much emphasis on backing up such pronouncements with action once in office, instead amassing a strongly conservative record in both personnel and policy matters.

Failing to pass an infrastructure bill might deprive Trump and congressional Republicans of a political advantage heading into the 2018 midterm elections. Spending more money on infrastructure is much more popular with the American public than Congress's actual priorities this session: cutting taxes on the wealthy and attempting to repeal the Affordable Care Act. Imagine a President Trump who planned to spend the coming summer touring the country, triumphantly demonstrating his patriotic dedication to rebuilding the nation with each well-televised ribbon-cutting ceremony. Other Republicans, too, would have received tangible benefits to offer voters whose disapproval of Trump's personal behavior might have been tempered by his success in demonstrating effectiveness in office—to the endless frustration of Democratic congressional challengers.

Instead, Republicans have made a different choice. Party leaders are desperate to avoid further alienating a skeptical party base that they believe is already dissatisfied by the lack of spending cuts in the March omnibus appropriations bill, and that might treat additional "pork barrel" legislation as an outright ideological betrayal. Most top Republican politicians, including Trump himself, are daily consumers of Fox News and conservative talk radio who worry more about stimulating high turnout among Republican voters than about attracting electoral support from outside the party; as a result, they wish to avoid doing anything that might lead to critical coverage from right-of-center media. Most, Trump presumably excepted, are also themselves committed conservatives whose personal political beliefs would also discourage support for a major federal infrastructure initiative.

The demise of Trump's infrastructure plan thus represents both a revealing window into the current Republican Party and a collective political bet placed by Republican politicians on the smartest strategy for contesting the 2018—and, perhaps, 2020—elections. One notable characteristic of the Trump era is a growing perception that voter support, at least on the right, is best sustained via symbolic appeals rather than policy deliverables. The GOP's adherence to this hypothesis may ultimately risk a fatal backlash led by the rest of the public against a presidency that has so far offered more drama than substantive accomplishment. But it surely holds a natural allure to a president who seems much more inclined to verbal volatility than applied action, and it may prove to be a sufficient way for Republicans to rally their own side in the coming electoral battles with an energized Democratic opposition.

Thursday, April 12, 2018

Ryan Was an Odd Fit as Speaker, and His Exit Proves It

The retirement of Paul Ryan after only two and a half years as speaker of the House, though rumored for months, was made official on Wednesday morning, setting off a race to succeed him as leader of the House Republicans. I very much recommend this post from Jonathan Bernstein, and have a few additional thoughts of my own.

It's impossible to understand Ryan's speakership without understanding the bizarre circumstances under which he came to power. John Boehner abruptly announced his departure from Congress in the fall of 2015 after anti-Boehner Republicans in the House Freedom Caucus threatened to force a procedural motion to depose him. Boehner's previous lieutenant and heir apparent, Eric Cantor, had unexpectedly been defeated in the Virginia Republican primary the year before, and Cantor's successor Kevin McCarthy, presumed at first to be next in line for the speakership, proved unable to line up enough votes within the Republican conference. (McCarthy, who remained as majority leader, is preparing to take another shot at the top leadership position now that Ryan is leaving, though the voters will decide in November whether or not that position is the speakership.)

Ryan, who was not a member of the party leadership at all in 2015 (he was chairing the Ways and Means Committee at the time), was finally persuaded to stand for speaker by an increasingly desperate Boehner in concert with other senior Republicans, protesting all the while that he was not actively seeking the job and didn't really want it. As it turned out, this wasn't just clever posturing designed to increase his leverage with the Republican conference. From the day he took the speaker's gavel until the present, Ryan has consistently behaved very much like someone who wasn't especially comfortable in the role and whose primary political preoccupation was to avoid suffering the awkward fate—unsentimentally pushed out the door in the midst of a congressional session—that had befallen his immediate predecessor.

It turns out that there are pretty good reasons why the speaker of the House is usually a veteran party "pol" rather than an ideologue or policy specialist—and is usually someone who views the position as the desired culmination of a long-held ambition rather than a potential impediment to his or her even greater future plans. While Boehner, a widely underrated leader, repeatedly put himself on the line politically in order to protect his party, Ryan instead risked his party in order to protect himself—including by the way he announced his retirement.

Throughout his tenure in office, Ryan acted more like an ideological activist than as the leader of a party or a country. Ideological leaders of the left and right have their place in our political system, but that place is seldom at the head of a congressional caucus. Boehner understood that the greater interests of his members sometimes required him to take heat from conservative insurgents for departing from ideological purity; Ryan instead manuevered to direct blame onto others in order to preserve his own reputation in conservative circles.

Donald Trump's shocking rise to the presidency presented Ryan with a series of challenges that he lacked the political creativity or courage to address effectively. Ryan never had a good plan for protecting the Republican conference in the House from being seriously damaged by Trump's political deficiencies. He neither found a way to publicly distance his electorally vulnerable members from Trump's antics nor advanced a popular set of policies for which they could claim credit in 2018. Ryan's office played a major role in developing the one major legislative achievement of the current Congress—the December 2017 tax reform act—but the bill directed its benefits to such a narrow segment of the population that it turned out to have limited appeal among average voters. By the end of the race in last month's special election in Pennsylvania, Republicans had more or less stopped trumpeting the tax cuts in their campaign advertising, concluding that the issue didn't really help them win support even in a seat carried easily by Trump in 2016.

Ryan could have used his own platform as speaker to send Trump signals that certain presidential behavior would have negative consequences—or to reassure the electorate that a Republican Congress could be counted upon to serve as at least an intermittent check on the chief executive. Instead, Ryan tended to treat reporters' questions about Trump as hostile "gotchas" designed to embarrass him personally, and he declined to act when the House Intelligence Committee, one of the last vestiges of bipartisanship and institutional independence on Capitol Hill, devolved into pettiness and rancor over the Trump-Russia issue. In general, Ryan was less inclined than previous speakers to talk or act like an officer of the United States government rather than merely the leader of a partisan majority, even though Trump's ascendance arguably made such a responsibility even more important in his case.

Finally, Ryan's own departure from Congress has occurred in a manner that puts his own career ahead of other Republicans' interests. Had he left last year, he could have plausibly argued that the electoral climate in 2018 was not yet clear; had he waited until after this fall's election, he could have avoided sending the message during the campaign that Republicans were likely to lose control of the House and would have delayed an open leadership fight within the Republican conference that will now play out over the course of the election season. But Ryan, who at 48 can dream of a long political future beyond the speaker's office, did not wish to risk associating himself with what may turn out to be a devastating electoral defeat. He may be the captain of the House Republican Party, but he has no intention of going down with the ship.

Friday, February 02, 2018

Don't Expect Much Legislation From Congress in 2018

Even during normal political times, the internal operation of Congress gets much less than its rightful share of attention from the news media and public. With Donald Trump as president? Forget it. But amidst all the other drama of this eventful week, a few important clues emerged about the road ahead for Congress in 2018. They all seem to point in the same direction: to a relatively unproductive legislative year.

First, it's important to note that Congress has some major unfinished business left over from 2017, due to its failure to pass annual appropriations legislation by the end of the previous fiscal year on September 30. Instead, the government has been funded via a series of short-term continuing resolutions that periodically expire and require extension (allowing the Senate Democrats to engineer last week's temporary government shutdown simply by filibustering the latest iteration). Congressional leaders have signaled that they don't expect to reach a final agreement on domestic and military spending levels before March at the earliest, which means that another resolution will need to be passed next week to keep the government open until then.

When combined with an impending need to raise the federal debt ceiling in order to prevent default on the national debt, this means that a fair amount of legislative energy over the next two months will be devoted to what would normally be considered the basic necessities of government. Even next week's vote on a new continuing resolution is not free from complication; dissatisfied conservative purists threatened this week to join with Democrats to vote it down on the floor of the House and thus force another shutdown. Past experience suggests that Republican leaders will ultimately strike a deal with a sufficient number of party holdouts to push the bill through, but every day spent on negotiations over appropriations is a day lost to other priorities.

The decreasing probability that Congress approves a budget resolution this year also indicates that Republicans will not be able to use the budget reconciliation process to pass a major item on the party's legislative agenda by a simple majority in the Senate (as they did last year to enact tax reform). While some members of Congress express enthusiasm for taking another crack at repealing the Affordable Care Act, doing so would require not only passage of a budget resolution but also persuading two of last summer's three opposing Republican senators to change their minds (since the December election of Doug Jones in Alabama has narrowed the partisan margin in the chamber to 51–49).

President Trump's unusually policy-free State of the Union address also seemed to signal a lack of imminent congressional action. Trump's speech included a brief advance promotion of his infrastructure plan (the public release of which is, according to his aides, perpetually just around the corner) but did not leave the impression that he or his administration would devote much energy in the near future to pressuring reluctant conservatives or persuading opposition Democrats on the subject.

It's also an election year in which the current partisan majority, at least in the House, is vulnerable to defeat—which means that Republicans will be in no mood this summer or fall to spend long weeks legislating in Washington rather than attending to their home constituencies. Other leaders might have acted to build a longer list of legislative accomplishments prior to the midterms by finding topics with popular appeal that were well-situated for bipartisan dealmaking—anti-sexual harassment and assault measures? maybe something on opioids?—but it seems clear from this week's party retreat that Republicans have decided to focus their 2018 electoral message on taking credit for last year's tax cuts.

That leaves immigration as the most likely subject matter of any major non-budgetary legislative initiative enacted between now and November, though the chances still seem fairly modest from today's perspective. The approaching March expiration of DACA will compel the two parties to devote the next month to negotiations, but the probability of a comprehensive immigration agreement appears remote absent a significant concession by one or both sides. More likely, Trump will be faced with a choice between a narrow deal and no deal at all.

The decaying state of the legislative process in Congress is a subject that deserves much more public consideration than it has received. The decline of committee influence and expertise, the increasing power of party leaders at the expense of other members, the increasingly slapdash approach to major policy-making, and the fading institutional loyalty of incumbents to the legislative branch are all developments with wide-ranging implications for the workings of American government; they  should rightfully concern members of both parties. Even in a period of electoral triumph, many Republicans have expressed dissatisfaction with the congressional experience—and are voting with their feet by retiring in record numbers.

Relegated to the minority, at least for now, Democrats aren't any happier. Senator Joe Manchin of West Virginia briefly threw a scare into his fellow members of the Democratic caucus late last month when he flirted with retirement—which would almost certainly have thrown his seat to the Republican opposition. Manchin was persuaded to seek another six-year term in the Senate this November, though not before he expressed his displeasure with the operation of the institution whose members once frequently pronounced themselves the "world's greatest deliberative body."

"This place sucks," said Manchin.