Tag Archives: Congressional weakness

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Clueless at Governing

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No nation looks to our deliberative branch as a model for building consensus.

Congress is the best example of the price we can pay when the rewards of public performance are greater than those of private negotiation. Donald Trump and the so-called “Freedom Caucus” have tried out rhetorical in-your-face antics reminiscent of some of our darkest comics, but without the fun or wit.

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No one looking for a model of governmental efficiency would take any comfort from a good look at the current House leadership debacle. Its twin failures to produce effective public policy and work with the President offer cautionary truths about how to fail to produce effective action. The House of Representatives is a broken institution with public approval ratings to match. No country looks to our deliberative branch as a model for building consensus. Bipartisanship occasionally breaks out and offers momentary hope. But it has become a major achievement to keep the government funded for a whole month. In the process, the Speaker of the House who finally negotiated a compromise promptly lost his job. In this body, the few conciliators in the governing party that remain seem mute and mostly ineffective.  For their part, Democrats appear to be willing to let the chaos continue, hoping it will convert into electoral gains.  As an idea, E pluribus unum no longer has much appeal.

While this branch of the of government was not designed to work with the efficiency of a parliament, congressional dysfunction now leaves so much on the table that leaves Americans less well-off and secure: everything from immigration reform to timely allocations of funds for infrastructure improvements. We know this institution is in deep trouble when many of its members are now willing to risk triggering a government default and imperiling the dollar’s status as the world’s reserve currency: usually for no more than pressing some dubious ideological point.

What is wrong? What best practices for communicating in organizations are routinely ignored? Briefly, some of the overwhelming problems on Capitol Hill have their origins in two ineffective communication patterns.

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The first is that the body is obviously and hopelessly organized into factions—notably parties, special interest caucuses, and their media—making it likely that members will only work to defend their kind rather than the whole. Since most of the process of legislating is done away from the floors of the House and Senate, it falls to party leaders, whips, and members to work out in private and with their own caucuses what they will accept by way of a legislative agenda. Differences of opinion have fewer chances to be moderated in environments that would encourage conciliation. The founders feared this hyper partisanship for good reason. Indeed, Senate and House Leaders now move so cautiously in their narrow partisan lanes that it can be hard to tell if their images on a screen are stills photos or videos.

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This problem is compounded by a tradition of individual offices set up as separate fiefdoms spread over four buildings on the east side of the Capitol. One wonders how different legislative life would be if the 435 voting members of the House worked in the conditions known to most of white-collar America: in the same ‘cubicle farm’ spread over one or two floors. As it is, support staffs and dispersed offices enable the kind of isolation of members that discourages more discussion across party lines. Revealingly, members note that most no longer share a meal in the U.S. Capitol’s various dining rooms: a small but revealing change from the past.

A second problem is the changing character of those seeking high public office. In the age of social media and 24-hour news there seems to be more interest in the expressive possibilities of serving in public office than doing the work of governing.  The temptation to continually raise campaign funds can easily become all-consuming.

In the lore of Congress there has always been an expectation that the “show horses” would sometimes win out over the “work horses.”  A retired Lyndon Johnson once complained to a CBS producer about the “pretty boys” created by the growth of television. The former Senate Majority leader’s point was that visual media gave rise to a new breed of members more interested in the theater of politics than finding ways to bridge differences.  We are electing figures who have very little interest or skill in active deliberation.

Since it is a solid axiom that we more easily find comity in small groups, trying to forge leadership within large bodies like the 535 member Congress needs to be seen for the problem it frequently is: the organizational equivalent of trying to get even a few dozen college professors to form a single straight line.  We seem to no longer find much joy in political unity.

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Shredded Constitutions

Americans have been stunned to discover that there seem to be no enforceable penalties against a Washington regime that violates written and customary rules.

If we wanted a convenient way to understand the fragility of some of the West’s most storied democracies, we could do no better to look at the nation that was the former leader of the Western world and the nation known as having the Mother of Parliaments.  Both the United States and Britain are in the midst of constitutional crises that can only please non-democratic states that have never attempted to invest sovereignty in their citizens.  Boris Johnson has tried to do end-runs around the House of Commons to avoid its judgment that Brexit should be delayed.  For his efforts he received a rare rebuke from the nation’s Supreme Court.  And his battle with factions in the Commons is only part of the problem. They have withheld a vote of no-confidence because it would trigger an election they fear could give him a free hand to impose a no-deal Brexit. They have cause because it would violate their rightful parliamentary sovereignty.

At this point Johnson has no majority and seemingly not much of a clear path forward, unless he can work out a compromise with the EU.  The traditional opposition, the Labour Party, has decimated itself with a leader many its members to not want. Jeremy Corbyn mostly dithered through the last years of Prime Minister May’s government, giving ordinary citizens fears that a Corbyn government could be worse. Even on Brexit he still manages to stand precariously on the fence. The British system assumes leaders will be supported by their own parties, and ready to take over when the current government has made a mess of things.  That’s not how it’s working now.

The situation is as bad if not worse on this side of the Atlantic.  Like Johnson, Donald Trump’s regime routinely trashes traditions by refusing to submit regular appointments to congressional oversight, ignoring subpoenas, ignoring long-standing ethics rules, self-dealing in ways that promote his businesses, courting foreign powers to intervene in American elections, and overreaching to assert executive privilege.  The impeachment process will be an interesting test. Will staffers and agency professionals be intimidated?  Will subpoenas be honored?  Will executive privilege be used as a smokescreen?  The Constitution is of little help on these questions.

Congress stews in dysfunction, GOP atrophy, internal party gamesmanship, and the knowledge that the current president cannot be turned out through impeachment.

Americans have been stunned to discover that there seem to be no enforceable penalties against a Washington regime that violates written and rules and long-standing courtesies.  The framers of the Constitution gave Congress legislative powers, but no police powers or workable ways to punish those they find in contempt.  And so Congress stews in dysfunction, GOP atrophy, internal party gamesmanship, and the knowledge that the Republican Senate will block efforts to turn Donald Trump out.  What’s remains of the old GOP can been reassured that they are mostly safe under constitutional provisions that guarantee a skewed process for electing senators (two per state, regardless of their size).  In a more representative system California would have something like 36 senators to Wyoming’s 2.

There is a presumption in both nations that their constitutions are bright models for emerging democracies. The common view is that their problems don’t rise to a level that would demand change, though many in Britain now wish they’d bothered to write their’s down.  But the the sorry state of politics in both countries  suggests a need for more constructive criticism of these foundational documents.  Our problems are not just because of our leaders. The bad news, I’m afraid, is that the challenges we face are much more structural than we want to admit.