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	<title>Comments on: This seems like a big deal to me &#8230;</title>
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	<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: Geoff Robinson</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-2/#comment-240543</link>
		<dc:creator>Geoff Robinson</dc:creator>
		<pubDate>Mon, 19 May 2008 05:11:53 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240543</guid>
		<description>Yes I am from Australia! No hidden meanings intended</description>
		<content:encoded><![CDATA[	<p>Yes I am from Australia! No hidden meanings intended</p>
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		<title>By: StevenAttewell</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-2/#comment-240290</link>
		<dc:creator>StevenAttewell</dc:creator>
		<pubDate>Fri, 16 May 2008 01:57:45 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240290</guid>
		<description>Matt,

You&#039;re quite right, my bad.</description>
		<content:encoded><![CDATA[	<p>Matt,</p>

	<p>You&#8217;re quite right, my bad.</p>
 ]]></content:encoded>
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	<item>
		<title>By: abb1</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-2/#comment-240265</link>
		<dc:creator>abb1</dc:creator>
		<pubDate>Thu, 15 May 2008 21:29:03 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240265</guid>
		<description>I was listening to some NPR show where some republican strategist said they are going to scrutinize his Illinois legislature votes, some of which were, apparently, seriously non-PC from the law&amp;order angle. 

The general election thing hasn&#039;t even started, they have many tricks up their sleeve. It might turn out to be another Dukakis story, for all we know. For most people &quot;lets scary rapists walk the streets&quot; easily beats &quot;has consistently voted for Bush’s policies&quot;.</description>
		<content:encoded><![CDATA[	<p>I was listening to some <span class="caps">NPR</span> show where some republican strategist said they are going to scrutinize his Illinois legislature votes, some of which were, apparently, seriously non-PC from the law&#038;order angle.</p>

	<p>The general election thing hasn&#8217;t even started, they have many tricks up their sleeve. It might turn out to be another Dukakis story, for all we know. For most people &#8220;lets scary rapists walk the streets&#8221; easily beats &#8220;has consistently voted for Bush&#8217;s policies&#8221;.</p>
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		<title>By: Matt Weiner</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-2/#comment-240241</link>
		<dc:creator>Matt Weiner</dc:creator>
		<pubDate>Thu, 15 May 2008 19:34:42 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240241</guid>
		<description>Steven Attewell -- Agreed with the rest of your posts, but I believe that the TX-22 and TX-23 elections didn&#039;t come before the 2006 blowout -- the Democrat didn&#039;t even run in the &lt;a href=&quot;http://en.wikipedia.org/wiki/Texas_22nd_congressional_district_election,_2006&quot; rel=&quot;nofollow&quot;&gt;TX-22 special election&lt;/a&gt;, so the seat didn&#039;t flip until the general (when, due to DeLay&#039;s fecklessness, there was no Republican on the ballot); and in TX-23 the special election actually took place &lt;i&gt;after&lt;/i&gt; the November elections; after the primaries the Supreme Court ruled that the Texas legislature had illegally drawn the district so as to dilute Latino voting power, so the general election had to be run as an all-in election with the top two candidates making it to a December runoff, which the Democrat won.

Oh, and on &quot;Democrat/Democratic&quot;; I think Geoff is from Australia, where there is a party that calls itself the &quot;Democrat Party&quot;; in the U.S. the party calls itself the &quot;Democratic Party&quot; so when an American says &quot;Democrat Party&quot; he &lt;a href=&quot;http://www.xoverboard.com/cartoons/2003_10_22.html&quot; rel=&quot;nofollow&quot;&gt;sounds like an asshole&lt;/a&gt;. But as an Australian Geoff surely meant no harm.</description>
		<content:encoded><![CDATA[	<p>Steven Attewell&#8212;Agreed with the rest of your posts, but I believe that the TX-22 and TX-23 elections didn&#8217;t come before the 2006 blowout&#8212;the Democrat didn&#8217;t even run in the <a href="http://en.wikipedia.org/wiki/Texas_22nd_congressional_district_election,_2006" rel="nofollow">TX-22 special election</a>, so the seat didn&#8217;t flip until the general (when, due to DeLay&#8217;s fecklessness, there was no Republican on the ballot); and in TX-23 the special election actually took place <i>after</i> the November elections; after the primaries the Supreme Court ruled that the Texas legislature had illegally drawn the district so as to dilute Latino voting power, so the general election had to be run as an all-in election with the top two candidates making it to a December runoff, which the Democrat won.</p>

	<p>Oh, and on &#8220;Democrat/Democratic&#8221;; I think Geoff is from Australia, where there is a party that calls itself the &#8220;Democrat Party&#8221;; in the U.S. the party calls itself the &#8220;Democratic Party&#8221; so when an American says &#8220;Democrat Party&#8221; he <a href="http://www.xoverboard.com/cartoons/2003_10_22.html" rel="nofollow">sounds like an asshole</a>. But as an Australian Geoff surely meant no harm.</p>
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		<title>By: Richard Cownie</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-2/#comment-240183</link>
		<dc:creator>Richard Cownie</dc:creator>
		<pubDate>Thu, 15 May 2008 13:53:23 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240183</guid>
		<description>&quot;What can that possibly mean?&quot;

It just means Obama isn&#039;t going to win Mississippi.  But no-one ever expected any recent Dem presidential
candidate to take the deep South.  The question for November is whether McCain can win much other than the deep South ...</description>
		<content:encoded><![CDATA[	<p>&#8220;What can that possibly mean?&#8221;</p>

	<p>It just means Obama isn&#8217;t going to win Mississippi.  But no-one ever expected any recent Dem presidential<br />
candidate to take the deep South.  The question for November is whether McCain can win much other than the deep South &#8230;</p>
 ]]></content:encoded>
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		<title>By: John  Emerson</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-2/#comment-240173</link>
		<dc:creator>John  Emerson</dc:creator>
		<pubDate>Thu, 15 May 2008 13:01:26 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240173</guid>
		<description>CT needs to confer with Yglesias now about comment moderation policies. I quit reading when someone started explaining what a disaster the New Deal was. 

&lt;i&gt;Childers supports expanding SCHIP and getting out Iraq. A good victory for Democrats but if anything it seems to indicate that Obama might have a tougher time than expected in the fall.&lt;/i&gt;

&lt;i&gt;Posted by someguy&lt;/i&gt;

What can that possibly mean?

As I explained elsewhere, there are always those who take advantage of discursive charity, especially in political discussions. (Leibniz: &quot;People would argue about the multiplication table if there were enough money in it&quot;). In those cases, discursive charity must be supplemented by the discursive lead pipe to the face. 

(Discursive! Not real! No actual violence is being proposed!)</description>
		<content:encoded><![CDATA[	<p>CT needs to confer with Yglesias now about comment moderation policies. I quit reading when someone started explaining what a disaster the New Deal was.</p>

	<p><i>Childers supports expanding <span class="caps">SCHIP</span> and getting out Iraq. A good victory for Democrats but if anything it seems to indicate that Obama might have a tougher time than expected in the fall.</i></p>

	<p><i>Posted by someguy</i></p>

	<p>What can that possibly mean?</p>

	<p>As I explained elsewhere, there are always those who take advantage of discursive charity, especially in political discussions. (Leibniz: &#8220;People would argue about the multiplication table if there were enough money in it&#8221;). In those cases, discursive charity must be supplemented by the discursive lead pipe to the face.</p>

	<p>(Discursive! Not real! No actual violence is being proposed!)</p>
 ]]></content:encoded>
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		<title>By: Richard Cownie</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-2/#comment-240142</link>
		<dc:creator>Richard Cownie</dc:creator>
		<pubDate>Thu, 15 May 2008 07:20:41 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240142</guid>
		<description>&quot;Obama’s strategy hinges on a large increase in turnout&quot;

High turnout is usually good for Dems.  But I don&#039;t think that&#039;s essential this year: all that&#039;s needed is to point out that McCain has consistently voted for Bush&#039;s policies, and that McCain&#039;s economic policy, foreign policy, and especially Iraq policy is nothing but the continuation, and even intensification, of Bush&#039;s.
Tie McCain to Bush and you win easily.

The benefit of campaigning in more states and boosting turnout is more likely to show up in larger House and Senate gains - which will help with getting legislation through.</description>
		<content:encoded><![CDATA[	<p>&#8220;Obama&#8217;s strategy hinges on a large increase in turnout&#8221;</p>

	<p>High turnout is usually good for Dems.  But I don&#8217;t think that&#8217;s essential this year: all that&#8217;s needed is to point out that McCain has consistently voted for Bush&#8217;s policies, and that McCain&#8217;s economic policy, foreign policy, and especially Iraq policy is nothing but the continuation, and even intensification, of Bush&#8217;s.<br />
Tie McCain to Bush and you win easily.</p>

	<p>The benefit of campaigning in more states and boosting turnout is more likely to show up in larger House and Senate gains &#8211; which will help with getting legislation through.</p>
 ]]></content:encoded>
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		<title>By: nick s</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-2/#comment-240135</link>
		<dc:creator>nick s</dc:creator>
		<pubDate>Thu, 15 May 2008 06:03:02 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240135</guid>
		<description>What richard cownie said upthread: recruitment is a real issue, when you&#039;re expected either to self-fund in the autumn or have the capacity to raise money. Unlike countries with tighter limits on campaign finance, in the US, if you think it&#039;s not going to be an easy year to run for federal office, then you don&#039;t run.

There are a relatively large number of GOP retirements, and problems with recruitment. And I have my 1997 UK déjà vu all over again. 

Admittedly, you do have the issue that the presidential election is a set of  state elections, and Obama&#039;s strategy hinges on a large increase in turnout, and an electoral map that&#039;s relatively unfamiliar to Democrats. But if that turns out to be a gamble too far, you&#039;re still likely to end up with McCain facing an incredibly hostile Congress, and 2009-10 spent working out who got the mandate to govern.</description>
		<content:encoded><![CDATA[	<p>What richard cownie said upthread: recruitment is a real issue, when you&#8217;re expected either to self-fund in the autumn or have the capacity to raise money. Unlike countries with tighter limits on campaign finance, in the US, if you think it&#8217;s not going to be an easy year to run for federal office, then you don&#8217;t run.</p>

	<p>There are a relatively large number of <span class="caps">GOP</span> retirements, and problems with recruitment. And I have my 1997 UK d&#233;j&#224; vu all over again.</p>

	<p>Admittedly, you do have the issue that the presidential election is a set of  state elections, and Obama&#8217;s strategy hinges on a large increase in turnout, and an electoral map that&#8217;s relatively unfamiliar to Democrats. But if that turns out to be a gamble too far, you&#8217;re still likely to end up with McCain facing an incredibly hostile Congress, and 2009-10 spent working out who got the mandate to govern.</p>
 ]]></content:encoded>
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		<title>By: Nell</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-1/#comment-240128</link>
		<dc:creator>Nell</dc:creator>
		<pubDate>Thu, 15 May 2008 02:42:27 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240128</guid>
		<description>&lt;i&gt;hasn’t voted for a Democrat president since the 1950s&lt;/i&gt;

Democrat&lt;b&gt;ic&lt;/b&gt; president</description>
		<content:encoded><![CDATA[	<p><i>hasn&#8217;t voted for a Democrat president since the 1950s</i></p>

	<p>Democrat<b>ic</b> president</p>
 ]]></content:encoded>
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		<title>By: StevenAttewell</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-1/#comment-240127</link>
		<dc:creator>StevenAttewell</dc:creator>
		<pubDate>Thu, 15 May 2008 02:35:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240127</guid>
		<description>Just to clear up a few points:

1. There were a bunch of unusually close special election in 2005 that could arguably be called a sign of the Democratic victory in 2006: OH-2 (Jean Schmidt&#039;s suquaker victory), Oh-18 (Bob Ney&#039;s seat flipping from R to D), TX-22 (Tom DeLay&#039;s seat flippping from R to D), TX-23 (another R to D), etc.

2. The New Deal did not extend the Great Depression. 
http://www.jstor.org/stable/261143

3. The Great Society programs were intended to reduce poverty, they were never funded at levels required to eliminate poverty. Nonetheless, poverty rates declined from 19.5% in 1963 (the start of the Great Society) to 12.1% in 1969 )the end of the Great Society proper, although many Great Society programs and social programs in general continued thereafter). 

Poverty rates held and even declined slightly through the 1970&#039;s, and only began to increase in the 1980&#039;s with the Reagan budget cuts. 

http://www.census.gov/hhes/www/poverty/histpov/hstpov2.html</description>
		<content:encoded><![CDATA[	<p>Just to clear up a few points:</p>

	<p>1. There were a bunch of unusually close special election in 2005 that could arguably be called a sign of the Democratic victory in 2006: OH-2 (Jean Schmidt&#8217;s suquaker victory), Oh-18 (Bob Ney&#8217;s seat flipping from R to D), TX-22 (Tom DeLay&#8217;s seat flippping from R to D), TX-23 (another R to D), etc.</p>

	<p>2. The New Deal did not extend the Great Depression.<br />
<a href="http://www.jstor.org/stable/261143" rel="nofollow">http://www.jstor.org/stable/261143</a></p>

	<p>3. The Great Society programs were intended to reduce poverty, they were never funded at levels required to eliminate poverty. Nonetheless, poverty rates declined from 19.5% in 1963 (the start of the Great Society) to 12.1% in 1969 )the end of the Great Society proper, although many Great Society programs and social programs in general continued thereafter).</p>

	<p>Poverty rates held and even declined slightly through the 1970&#8217;s, and only began to increase in the 1980&#8217;s with the Reagan budget cuts.</p>

	<p><a href="http://www.census.gov/hhes/www/poverty/histpov/hstpov2.html" rel="nofollow">http://www.census.gov/hhes/www/poverty/histpov/hstpov2.html</a></p>
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		<title>By: Geoff Robinson</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-1/#comment-240120</link>
		<dc:creator>Geoff Robinson</dc:creator>
		<pubDate>Thu, 15 May 2008 01:20:02 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240120</guid>
		<description>Back to the election. There is in parts of the south a residual Democratic presence that can be activated in some circumstances (unlike Idaho, Utah which are Republican all the way down). The other factor is that once a seat is won in a special election it tends to stay with the incumbent rather than snapping back at the next election (as occurs in parliamentary systems) , the other white MS Democrat the very conservative Gene Taylor won at a special election in 1989 and has been untroubled in a seat that hasn&#039;t voted for a Democrat president since the 1950s.</description>
		<content:encoded><![CDATA[	<p>Back to the election. There is in parts of the south a residual Democratic presence that can be activated in some circumstances (unlike Idaho, Utah which are Republican all the way down). The other factor is that once a seat is won in a special election it tends to stay with the incumbent rather than snapping back at the next election (as occurs in parliamentary systems) , the other white <span class="caps">MS </span>Democrat the very conservative Gene Taylor won at a special election in 1989 and has been untroubled in a seat that hasn&#8217;t voted for a Democrat president since the 1950s.</p>
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		<title>By: Richard Cownie</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-1/#comment-240075</link>
		<dc:creator>Richard Cownie</dc:creator>
		<pubDate>Wed, 14 May 2008 20:35:56 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240075</guid>
		<description>&quot;in 1975 it was changed to three-fifths of the Senate, and according to this page that was a simple majority vote, 51-42, which if true casts doubt on the idea that it’s a tradition that the rules can’t be changed by simple majority vote at the beginning of the session.&quot;

The wikipedia entry for &quot;cloture rule&quot; suggests that the issue is that while rule changes are passed by a simple majority, debate on rule changes is itself subject to cloture with a requirement of &quot;2/3 of those present and voting&quot;.  This all gets quite self-referential and arcane ...

&quot;So in this case, there is no procedure anymore. For the Democrats to obey niceties about continuing bodies when the Republicans have shown themselves willing to break them at any time is a sucker game. If they can break the filibuster, they should.&quot;

I respect that view, but I disagree.  The winner-takes-all view tends to be dangerous: one interpretation of the last 7 years of US politics is that by ramming through their own agenda with no regard for compromise or cosideration of constructive criticism, the Republican party has driven itself over a cliff and killed its chances for a generation.  While there&#039;s nothing to be gained by trying to compromise with Republicans like Inhofe, Stevens, or McConnell, there are still a few reasonable people like Collins, Snowe, and maybe Hagel that it&#039;s worth trying to work with.  Playing fast and loose with the rules doesn&#039;t go over well with the voters in the long run, even when the rules are flawed.

I don&#039;t like the rules of US politics much: I prefer a parliamentary system where the voters can throw the bums out all at once (and often even before their time is up).  But ripping up the whole US constitution isn&#039;t an option, so any proposed change has to be evaluated in the context of a fairly elaborate system.  It&#039;s hard to get things done, but that&#039;s the way the system is designed to be.

One interesting theory I&#039;ve heard is that if Obama gets the White House, he might be able to use his donor list of 1.5M+ names as a tool to buttress the top-down power of the Presidency with grass-roots bottom-up pressure on individual senators and representatives.  If effective, that approach might be quite revolutionary in its effects.  The game can change a lot without any change in the rules.</description>
		<content:encoded><![CDATA[	<p>&#8220;in 1975 it was changed to three-fifths of the Senate, and according to this page that was a simple majority vote, 51-42, which if true casts doubt on the idea that it&#8217;s a tradition that the rules can&#8217;t be changed by simple majority vote at the beginning of the session.&#8221;</p>

	<p>The wikipedia entry for &#8220;cloture rule&#8221; suggests that the issue is that while rule changes are passed by a simple majority, debate on rule changes is itself subject to cloture with a requirement of &#8220;2/3 of those present and voting&#8221;.  This all gets quite self-referential and arcane &#8230;</p>

	<p>&#8220;So in this case, there is no procedure anymore. For the Democrats to obey niceties about continuing bodies when the Republicans have shown themselves willing to break them at any time is a sucker game. If they can break the filibuster, they should.&#8221;</p>

	<p>I respect that view, but I disagree.  The winner-takes-all view tends to be dangerous: one interpretation of the last 7 years of US politics is that by ramming through their own agenda with no regard for compromise or cosideration of constructive criticism, the Republican party has driven itself over a cliff and killed its chances for a generation.  While there&#8217;s nothing to be gained by trying to compromise with Republicans like Inhofe, Stevens, or McConnell, there are still a few reasonable people like Collins, Snowe, and maybe Hagel that it&#8217;s worth trying to work with.  Playing fast and loose with the rules doesn&#8217;t go over well with the voters in the long run, even when the rules are flawed.</p>

	<p>I don&#8217;t like the rules of US politics much: I prefer a parliamentary system where the voters can throw the bums out all at once (and often even before their time is up).  But ripping up the whole US constitution isn&#8217;t an option, so any proposed change has to be evaluated in the context of a fairly elaborate system.  It&#8217;s hard to get things done, but that&#8217;s the way the system is designed to be.</p>

	<p>One interesting theory I&#8217;ve heard is that if Obama gets the White House, he might be able to use his donor list of 1.5M+ names as a tool to buttress the top-down power of the Presidency with grass-roots bottom-up pressure on individual senators and representatives.  If effective, that approach might be quite revolutionary in its effects.  The game can change a lot without any change in the rules.</p>
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		<title>By: Matt Weiner</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-1/#comment-240070</link>
		<dc:creator>Matt Weiner</dc:creator>
		<pubDate>Wed, 14 May 2008 19:43:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240070</guid>
		<description>&lt;i&gt;Me neither, just a layman trying to survive the Bush era by spending way too much time reading blogs :-)&lt;/i&gt;

Heh, me too. And this discussion reminds me that I&#039;ve been sort of reading &lt;i&gt;The Emperor of Ocean Park&lt;/i&gt; -- I should go outside and do that.</description>
		<content:encoded><![CDATA[	<p><i>Me neither, just a layman trying to survive the Bush era by spending way too much time reading blogs :-)</i></p>

	<p>Heh, me too. And this discussion reminds me that I&#8217;ve been sort of reading <i>The Emperor of Ocean Park</i>&#8212;I should go outside and do that.</p>
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		<title>By: Matt Weiner</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-1/#comment-240069</link>
		<dc:creator>Matt Weiner</dc:creator>
		<pubDate>Wed, 14 May 2008 19:42:28 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240069</guid>
		<description>I&#039;m not sure about the 200 years of tradition argument, though -- I believe it used to be that a single senator could filibuster (or anyway that the number of votes required to end debate was greater than 60), and that changed somehow. That changed somehow, and it&#039;s worth looking at how. [OK, Wikipedia says that from 1916 to 1949 two-thirds of the whole Senate were required for cloture; in 1949 it was changed to two-thirds of those voting; in 1975 it was changed to three-fifths of the Senate, and according to &lt;a href=&quot;http://searchwarp.com/swa248379.htm&quot; rel=&quot;nofollow&quot;&gt;this page&lt;/a&gt; that was a simple majority vote, 51-42, which if true casts doubt on the idea that it&#039;s a tradition that the rules can&#039;t be changed by simple majority vote at the beginning of the session.]

In any case, I&#039;m with Lemuel here; though ordinarily I&#039;m a big fan of procedural justice, part of procedural justice is the informal norms of how the branches should work together, and the Republicans have been wiping their ass with those norms since 1993. (I could mention the various blue-slip shenanigans under Clinton and Bush, including how the treatment of blue slips magically changed with the change in Administrations; or the GOP&#039;s unprecedented number of filibusters since the Democrats took over the Senate; or the refusal to confirm &lt;i&gt;any&lt;/i&gt; -- not the most radical, any -- of Clinton&#039;s appointees for many judicial vacancies, or cutting the ABA out of the judicial nomination process; but what I&#039;d point to is the exceptionless refusal of any Republican member of Congress to vote for important Clinton bills in 1993. That was &lt;a href=&quot;http://www.prospect.org/cs/articles?articleId=8393&quot; rel=&quot;nofollow&quot;&gt;unprecedented obstructionism&lt;/a&gt;; having lost the election, the GOP decided not to let the winner govern.)

So in this case, there is no procedure anymore. For the Democrats to obey niceties about continuing bodies when the Republicans have shown themselves willing to break them at any time is a sucker game. If they can break the filibuster, they should. 

And Richard, I think the example of 1993 shows that this is too optimistic: &quot;the party not occupying the White House doesn’t have any coherent leadership to hold it together and set an opposition agenda.&quot; Voting &quot;no&quot; on everything doesn&#039;t take an agenda, and the Republicans have shown themselves willing to do it before, even after electoral defeats. We shouldn&#039;t count on them seeing reason.</description>
		<content:encoded><![CDATA[	<p>I&#8217;m not sure about the 200 years of tradition argument, though&#8212;I believe it used to be that a single senator could filibuster (or anyway that the number of votes required to end debate was greater than 60), and that changed somehow. That changed somehow, and it&#8217;s worth looking at how. [OK, Wikipedia says that from 1916 to 1949 two-thirds of the whole Senate were required for cloture; in 1949 it was changed to two-thirds of those voting; in 1975 it was changed to three-fifths of the Senate, and according to <a href="http://searchwarp.com/swa248379.htm" rel="nofollow">this page</a> that was a simple majority vote, 51-42, which if true casts doubt on the idea that it&#8217;s a tradition that the rules can&#8217;t be changed by simple majority vote at the beginning of the session.]</p>

	<p>In any case, I&#8217;m with Lemuel here; though ordinarily I&#8217;m a big fan of procedural justice, part of procedural justice is the informal norms of how the branches should work together, and the Republicans have been wiping their ass with those norms since 1993. (I could mention the various blue-slip shenanigans under Clinton and Bush, including how the treatment of blue slips magically changed with the change in Administrations; or the <span class="caps">GOP</span>&#8217;s unprecedented number of filibusters since the Democrats took over the Senate; or the refusal to confirm <i>any</i>&#8212;not the most radical, any&#8212;of Clinton&#8217;s appointees for many judicial vacancies, or cutting the <span class="caps">ABA</span> out of the judicial nomination process; but what I&#8217;d point to is the exceptionless refusal of any Republican member of Congress to vote for important Clinton bills in 1993. That was <a href="http://www.prospect.org/cs/articles?articleId=8393" rel="nofollow">unprecedented obstructionism</a>; having lost the election, the <span class="caps">GOP</span> decided not to let the winner govern.)</p>

	<p>So in this case, there is no procedure anymore. For the Democrats to obey niceties about continuing bodies when the Republicans have shown themselves willing to break them at any time is a sucker game. If they can break the filibuster, they should.</p>

	<p>And Richard, I think the example of 1993 shows that this is too optimistic: &#8220;the party not occupying the White House doesn&#8217;t have any coherent leadership to hold it together and set an opposition agenda.&#8221; Voting &#8220;no&#8221; on everything doesn&#8217;t take an agenda, and the Republicans have shown themselves willing to do it before, even after electoral defeats. We shouldn&#8217;t count on them seeing reason.</p>
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		<title>By: Richard Cownie</title>
		<link>http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/comment-page-1/#comment-240067</link>
		<dc:creator>Richard Cownie</dc:creator>
		<pubDate>Wed, 14 May 2008 19:30:16 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2008/05/14/this-seems-like-a-big-deal-to-me/#comment-240067</guid>
		<description>&quot;Thanks, Richard. I don’t have and didn’t mean to claim any expertise here,&quot;

Me neither, just a layman trying to survive the Bush era by spending way too much time reading blogs :-)</description>
		<content:encoded><![CDATA[	<p>&#8220;Thanks, Richard. I don&#8217;t have and didn&#8217;t mean to claim any expertise here,&#8221;</p>

	<p>Me neither, just a layman trying to survive the Bush era by spending way too much time reading blogs :-)</p>
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