Let Our Lawmakers Hide!
FEB. 15, 2014
AN idea for the Senate: brown paper bags. You know, the kind in which you cut little holes for your eyes and your nose and a bigger, wider hole for your mouth. Senators could wear these in the chamber, so that the C-Span cameras and the outside world wouldn’t know precisely who’s supporting what. Or maybe ski masks, though those wreak havoc on hairdos. Alternately, the lawmakers could communicate in code: anything to obscure their actions and make it easier for them to actually cast votes in line with their best judgment and consciences. Oh, you thought they always did that? Well then I won’t spill the beans on Santa or the Easter bunny, either.
Last week was a doozy, and not in the usual way. The nation didn’t lurch toward another cliff; the suffixes -geddon and -pocalypse didn’t come out to play; the air didn’t grow thick with dire “s” words like stalemate, standoff and the direst of all, shutdown. No, last week ended with Congress’s having steered clear of disaster by passing a measure to lift the debt ceiling. Congress functioned, more or less. And yet — here’s the clincher — it looked as ugly as usual, if not uglier.
At issue was the way it functioned, a dysfunction of its own. Over in the House, Republican leaders brought the lifting of the debt ceiling to a vote so that they and a smattering of their party colleagues could pass the measure with the help of nearly all of the Democrats. You might naïvely wonder how this wouldn’t estrange the leaders from their caucus. But you’d be failing to take into account that many members of that caucus wanted the measure to succeed, recognizing that this was in the nation’s interest, but wanted at the same time to vote no, so as not to draw attacks from party extremists. In Congress, this isn’t considered a contradiction. It’s not even considered undignified. It’s considered canny self-preservation. (You serve, above all, to get re-elected.) The phenomenon is common enough that in a recent story in The Times, my colleagues Ashley Parker and Jonathan Weisman assigned it a name: Vote No, Hope Yes.
In a given chamber of Congress, the majority party usually takes responsibility for raising the debt ceiling, while the minority is permitted to balk and rail theatrically about wanton government spending. In fact Barack Obama did such balking and railing when he was in the Democratic minority of the Senate. Now Democrats run the show there, and they were poised to provide the necessary support to get the ceiling lifted. But the inimitable and irrepressible Ted Cruz insisted on a 60-vote threshold to allow the measure to be taken up, and getting past this hurdle required at least five Republicans to side with Democrats.
If the Republicans in the Senate had really cared to doom the measure, this was their big chance. But their true and ardent desire was to appear adamantly opposed without being so, and thus to appease party loudmouths without actually letting those loudmouths get their way.
This was where the brown paper bags would have come in very handy, because to avoid a filibuster and let the measure ultimately succeed, some Republicans had to step up and actually cast a vote in favor of its consideration. Their solution: to conduct this first, procedural vote in silence — an extremely rare and exceedingly curious thing — so that it wasn’t immediately clear to observers which Republicans were effectively helping to make sure the debt ceiling got raised. The theory, presumably, was that by the time it did become clear, those same Republicans would have proceeded to cast a subsequent “no” vote against the raise itself, whose passage required only the simple majority of votes that Democrats alone could provide.
The world’s greatest deliberative body at work! Make sure the children are watching! Inspiring civic lessons for all!
This isn’t just about the debt ceiling. On too many other fronts, the gulf between how lawmakers know they should behave and what they have the political courage to do is painfully wide. This has happened with Hurricane Sandy relief, with the renewal of the Violence Against Women Act, with budgetary matters.
The week before last, immigration reform fell apart, and not because of the number of lawmakers who think it’s a horrid idea, but because of the number who think it’s probably a good idea but don’t want to commit to that and confront any blowback.
And last week the Senate, in a 95-3 vote, and the House, by a 326-90 margin, reversed a portion of a budget agreement that would have limited cost-of-living increases in many military veterans’ pensions to 1 percent below the rate of inflation.
Bob Kerrey, a former Democratic senator and a veteran, told me that the limit, which the Pentagon endorsed, was utterly reasonable and absolutely necessary, and he assured me that most lawmakers knew this. But they worried that if they stood by that conviction, veterans groups would succeed in branding them enemies of the nation’s heroes.
“It’s all about inoculating yourself against the sound bite,” he said. “And now it’s more than a sound bite. It’s also what’s trending on Twitter.” Most lawmakers, he added, believe that the failure to rein in Medicare and Social Security represents a serious threat to the country’s future, but they’re too politically timid to reflect that in their votes.
SUCH cowardice and self-interest aren’t new. But certain wrinkles are. Kerrey mentioned Twitter and, indeed, complaints and catcalls circulate with unprecedented efficiency and reach. It’s quicker for interest groups and opponents to fasten targets on lawmakers’ backs. It’s easier to rouse the rabble.
“With the ability to use computers, it’s worsened,” Mike Castle, a Delaware Republican who served in the House for nearly two decades, said. He added that websites and social media, not to mention cable TV and talk radio, have turned the political atmosphere more broadly and instantaneously caustic. “You have that constant carping. It has made Congress a more difficult place to achieve the greater good.”
Julian Zelizer, a historian at Princeton University, noted that in the past, some votes in Congress wouldn’t even be recorded by individual lawmakers’ names. There was also more hidden back-room dealing. “That kind of insularity allowed legislators to take positions that might not be politically great but were the right thing to do,” he said.
I asked Kerrey: Do the politicians who frequently buck their own consciences at least feel misgivings about that? Struggle with it?
“Now you’re presuming that they’re in contact with their consciences on a regular basis,” he said. “I haven’t actually met many human beings who are. That’s a tough transaction: looking out for your conscience.”