Boehner Out

John Boehner is apparently resigning from Congress and stepping down as Speaker. I’ll most more as events warrant. We’ll have to see what the GOP does. I know a lot of people don’t like Boehner because he didn’t have enough government- and party-wrecking confrontations. He’s has had a delicate balancing act over the last few years. But I think he’s gotten a reasonable amount done with a Democratic President in charge. If the GOP goes with someone crazy — a non-zero possibility — that’s all the more reason to be nervous about a unified Republican government. Hopefully they’ll go with someone like Paul Ryan.

Governing is the art of the possible. Boehner wasn’t perfect but he found things to do that were possible. We’ll have to see if the next speaker is interested in that or is interesting in making big dramatic gestures that accomplish nothing (e.g., the recent effort to defund Planned Parenthood which was apparently part of the impetus for Boehner’s resignation).

What Now?

So now that the Republicans have taken back both houses of Congress, what should they do for the next two years? Nothing, argues National Review:

The desire to prove Republicans can govern also makes them hostage to their opponents in the Democratic party and the media. It empowers Senator Harry Reid, whose dethroning was in large measure the point of the election. If Republicans proclaim that they have to govern now that they run Congress, they maximize the incentive for the Democrats to filibuster everything they can — and for President Obama to veto the remainder. Then the Democrats will explain that the Republicans are too extreme to get anything done.

They’ll say that anyway. If the Republicans proposed poached eggs for breakfast, the Democrats would denounce them as dangerous extremists. And I don’t think NRO actually believes this argument because they later say Republicans should force the Democrats to filibuster/veto popular legislation.

Even if Republicans passed this foolish test, it would do little for them. If voters come to believe that a Republican Congress and a Democratic president are doing a fine job of governing together, why wouldn’t they vote to continue the arrangement in 2016?

Which brings us to the alternative course: building the case for Republican governance after 2016. That means being a responsible party, to be sure, just as the conventional wisdom has it. But part of that responsibility involves explaining what Republicans stand for — what, that is, they would do if they had the White House.

So the Republicans shouldn’t govern. Instead, they should gear up for 2016 to take the White House and Congress at which point they will … what? … concentrate on keeping power?

I’m sorry, but I really don’t care about the Republican Party one way or the other. Whether governing hurts or helps their prospects in 2016 is irrelevant to me and should be irrelevant to people who are not actual party operatives. We had a unified Republican government for six years and the result was the most massive expansion of government power since the New Deal.

No. What we want from the Republicans is progress. What we want is for them to turn back the tide of government expansion. What we want is for them to … what’s that word … govern? The Republicans are on probation right now. It’s up for them to prove themselves worthy of getting power back.

There is precedent for governing and winning elections at the same time: Republicans worked with President Clinton and kept Congress and won the White House twice as a result. But they didn’t win because they grandstanded. The won because the accomplished things — welfare reform, spending restraint, NAFTA — that made them worthy of winning all three branches of government.

Nick Gillespie:

Yet Republicans mistake the meaning of the midterms at their own peril. These elections were a particularly frank repudiation of Barack Obama and the past six years of failed stimulus, disastrous foreign policy, and rotten economic news. Even the president’s historic health-care reform remains a negative with voters. But if the GOP thinks it has a mandate to return to the equally unpopular bailout economics and social conservatism of the George W. Bush years, it too will be sent packing as early as the next election.

You should read Nick’s entire piece, which breaks down the polling to show a decisive shift against big-government, in every respect.

It’s not enough for the Republicans to not be Obama. “Not Obama” isn’t going to be a candidate in 2016. In fact, Obama won’t be a candidate in 2016 (savor that relief for a moment). If the Republicans want to earn our votes in 2016, they need to accomplish things. They need to prove themselves worthy. They need to show that they can get government out our hair, despite the man in the White House.

How does this break down into nuts and bolts? On the day after the election, John Boehner and Mitch McConnell laid out an agenda for the next two years. It includes approving the Keystone XL pipeline, tax reform and fast track trade authority. It also includes three changes to Obamacare: raising to 40 the hours needed to qualify as a full-time employee for the employer mandate, exempting veterans from counting toward the 50-employee mark that triggers the coverage mandate and repealing the medical device tax.

These are all OK ideas and some of them — like fast track trade authority — are supported by the President. But it’s kind of small potatoes. It’ll make a nice first month, but it’s not exactly the Contract with America. I would prefer something a bit bolder.

This would involved finding things that the Democrats or the President will support. There’s a strain of thought among conservatives, exemplified by the NRO piece above, that working with Democrats will give “legitimacy” to Obama. Nuts to that. The country needs things done. And if we can the President on board, great.

But the Republicans should also pass legislation they know will be filibustered or vetoed. This could give the Democrats something to talk about in 2016 (“look at the extreme legislation we blocked!”). But I think it more likely, if Republicans are smart … OK, if they’re not too dumb … OK, if they’re not completely stupid … that it would give the Republicans something to run on in 2016. It would give the American people something to vote for, not just something to vote against. When the Republicans have run on a positive agenda — Reagan in 1980, Newt in 1994 — they have done well.

As for specific issues: the first on that list would be entitlement reform. The President has indicated that he is open to it. It’s time to call his bluff. The deficit has been shrinking in recent years but will soon begin to blow up as the bill for Baby Boomer retirees comes do. The time to act is now, before we are back in the land of trillion dollar deficits.

A lot of Republicans worry that overhauling Medicare and Social Security will open them up to attack from the Democrats. But here’s the thing: that’s going to happen anyway. The number of elections that have not included a Democrat “mediscare” campaign over the last forty years is precisely zero. The Democrats are going to demonize Republicans anyway. At the very least we could get something out of it. And if it costs the Republicans some seats, so be it. It would be worth it to slice trillions off our debt.

The counter-argument is they should wait until the Republicans have the White House as well. That way, they won’t have to compromise with Democrats and accept a tax hike or defense spending cuts in return for entitlement reform. I find that hope ridiculously optimistic. It assumes that Republicans will take the White House and keep the Senate. And it assumes that they will take the political risk of entitlement reform once they have full power, which I find unlikely.

Act now. At the very least, call the President’s bluff. Then you’ll have something to run on in 2016.

The second priority should be regulatory reform, which is sucking a couple of trillion dollars out of the economy. Probably the most important regulatory reform is the repeal of Sarbanes-Oxley, which is strangling our economy, halting IPOs and a nightmare for businesses. It’s the poisonous spider at the center of the web of economic malaise. President Obama will probably oppose this. Good! Make him stand with the bureaucrats and trial lawyers! Over 60% of the American people think regulation is too onerous, including many independents. This is a winning issue for Republicans.

Third would be an overhaul of the patent and copyright laws which are strangling innovation. The Republicans are open to this and the President is too, despite fierce opposition from trial lawyers. Reform could be passed in the first few months of 2015.

Fourth, an overhaul of our drug policy, specifically a recognition of state laws on medical and recreational marijuana. The President has occasionally made noises on this and a majority of Americans now favor pot legalization. The Republicans can get ahead of the Democrats on this by embracing a federalist approach: states that keep pot illegal will still have the aide of the DEA in keeping it illegal; states that make it legal will be left alone. I have little hope the Republicans will do this, but it would be a great step for them.

Fifth, an overhaul of Obama’s anti-terror powers. Justin Amash and Rand Paul give me hope that the GOP may be open to this. The best thing about reigning in Obama’s police state would be exposing the lie that the Democrats are the party of civil liberties and personal freedom.

That’s just for starters. There are other things: more spending cuts, reigning in Obama’s foreign policy and executive power excesses, a symbolic repeal of Obamacare (symbolic because it will be vetoed). But I see the above as doable and I see it as proving the GOP’s supposed small-government bona fides. If they’re serious, they will do something along these lines.

I have no doubt that the Republicans will run into opposition from the President. In fact, his petulant press conference seemed to promise that he would do what he wants on issues like immigration and only invite cooperation on his agenda. We’ll see what happens behind closed doors. This President has, on occasion, compromised with Republicans. But he has also been willing to take a my-way-or-the-highway approach, particularly when he had Congress for the first two years (Republicans were invited only to tweak details of Democratic legislation; kind of like being asked which arm you want the shark to bite off).

But if the President is determined to pursue his agenda and won’t cooperate, then pass the legislation anyway. Force him to veto it. Force him to oppose. Force his party to go on record as the party of bigger taxes, more government and no reform. Force him to tie his former Secretary of State and Heir Apparent to his unpopular agenda.

That’s something you can run in 2016. That’s something that might bring my vote in 2016. Until then, I will remain skeptical of the GOP and their commitment to small government.

Punting Power

This is pure BS:

House Speaker John Boehner (R-OH) told This Week he’d “bring the Congress back” to vote on a new resolution authorizing military force against ISIS in Iraq and Syria, but only if President Barack Obama requested one. Congress has received heaps of criticism for staying out of town during the airstrikes against ISIS, with some suggesting they’re happy to avoid a contentious vote on the issue.

Boehner reprised his line that typically the president initiated the resolution, a position of faux-politesse that the Daily Show already mocked last week. This led George Sephanopoulos [sic] to wonder if Boehner was avoiding the vote because it might split his party ahead of the midterms, something he said was whispered to ABC News political reporter Jeff Zeleny.

Boehner further opines that the existing AUMF is enough for Obama to act on.

One of the reasons Barack Obama has been allowed to usurp so much power is because Congress has allowed him to. Almost all legislative powers reside with Congress, yet they stand around while he rules by executive order, rewrites the laws to his purpose and starts wars on his own. The war-making power lies with Congress. Yet, for the second time, they are allowing the President to start bombing another country. Yes, the President is supposed to ask for their authorization. But they are supposed to assert their authority on this. They should be meeting right now either to give the President the authority to attack Syria or to refuse it. And if he won’t comply, they can exercise the power of the purse to cut the funding.

Stephanopoulos sideswipes the issue by noting this would potentially split the Republican Party. There is a significant fraction that would oppose this but they are still a small minority. The real issue is that the Republicans — like everyone else — have mixed feelings about this. On the one hand, ISIS is horrific: a radical Islamist regime that is imposing severe sharia over the regions they control, murdering ethnic and religious minorities and spreading terror over the region. On the other hand, do we really need another boondoggle in the Middle East? Do we really want to spend the treasure and lives needed, even assuming we can destroy ISIS?

It’s a hard debate. I can see why Congress wants to avoid it. But having hard debates is part of their fucking job description. The Civil Rights debate was hard too. So was the Vietnam War. Balancing the budget in the 90’s was hard. But those Congresses argued, debated and eventually voted. They did their job. And they were held responsible for it, a nation that terrifies our current leaders.

This is pure cowardice. It’s the same cowardice the Congress showed in 2003 when, rather than declare war on Iraq, they punted that authority to the President. They didn’t want to oppose it. But they didn’t want to take responsibility if it went wrong. And sure enough, when it went wrong, the Democrats said, “Well, we didn’t declare war on Iraq; we left that decision to Bush!”

Make a decision, guys. Have the debate. We’re dropping bombs on two countries and have over four hundred boots on the ground. If this goes wrong, it’s still on you for failing to stop it. Get your lazy asses back to Washington and do your damned job.

Boehner Flinches from the Abyss

So for all of the stress, the House GOP leadership (including Paul Ryan), a minority of Republican Congressmen, and a majority of Democrats
passed the tax deal they were offered by the Senate. The Rich (less than 1% of the population) got tagged with a 4.6% increase (horrors!) and caps were placed on deductions, among other meaningless items.

I suppose it is palatable since we have at least gotten the remainder of Bush’s tax cuts to remain permanent. Even Grover Norquist has twisted this and basically said that since the tax cuts had expired, those Republicans who voted for this deal were voting for a tax cut, not an increase. Interesting contortion.

But then there’s virtually no spending cut in this deal. The increased revenue is not going to make a dent in the deficit. For all the drama, we slapped a few million wealthy people with a small tax raise and refused to address the fact that spending is out of control. It’s a pathetic failure of the entire political establishment.

It is easy to blast Boehner today, but what choice did he have? Yes, I personally believed it would have been best to go over the cliff and let the chips fall where they may. However, I knew that Boehner wouldn’t do that. He didn’t want to take the blame for tax increases on the middle class (it’s going to happen eventually anyway) and it was too tempting to target the unpopular minority that is top earners. Also, he likes grand, useless compromises for some reason.

On the bright side, around 2/3 of the House GOP broke with Boehner on this deal and hence have political cover. Boehner has set himself up beautifully for the inevitable coup and primary challenge that he has coming.

I would say that he was courageous to do this IF I actually believed that the deal means anything. It doesn’t. It’s too little, too late, and still comes across as a major defeat for the GOP. We could have gotten a tax deal as useless as this one weeks ago and not had the brinksmanship that managed to make Obama look like a triumphant, responsible statesman.

Boehner must not be returned as the Speaker of the House, even if means leaving the post vacant. The real fight is going to be over the debt ceiling and Boehner cannot be counted on to do right either by his party or the nation.

Boehner Stays on Defense

Rep. Boehner apparently misinterpreted conservative demands that he toughen it out on fiscal cliff negotiations.  He came out with a very short press release this morning and did nothing more than tell Obama to take  or leave the GOP’s plan or come up with his own.

I disagree with this approach (yeah, I rarely cut Boehner any slack).  It’s not the President’s job to propose this, it’s Congress’s and specifically the House of Representatives.  Boehner is engaging in needless dick-measuring with Obama when he should instead pass something through the House and let the Democrats explain their votes and vetoes.  This gridlock plays perfectly into the President’s hands and bolsters the media-driven perception (which the electorate is falling for) that the failure of negotiations will be the GOP’s fault.

I’m on board with others who say that the House should simply pass the recommendations of the Simpson-Bowles committee.  When the Democrats kill it, let them explain why they wouldn’t support the findings of the President’s bipartisan commission.  We have no truly good options.  Let’s go for the one that most deflects blame.

Putting it back on the President just gives him more ammo to stand up and bitch about Republicans.  Smack the mic out of his hand and make his party do something.