This seems like a big deal to me …

by John Q on May 14, 2008

While most attention has been focused on the never-ending story of the Democratic presidential primaries, the Republicans have just lost a seemingly safe seat in a Mississippi special election, following two earlier losses including that of former House Speaker Dennis Hastert. As this CNN story says, this raises the prospect of a wipeout in November. The result is consistent with steadily declining Republican affiliation and massive rejection of Bush (who’s reached all-time lows in several polls recently). McCain is still managing to avoid much of the stench associated with his party, but it seems to me this will be a lot harder for him in the context of a general election, where I imagine he will be expected to campaign on behalf of vulnerable Republicans.

I don’t know, though, whether there’s a common pattern of upsets in special elections. Incumbent governments often do badly in such elections in Australia, since it provides the opportunity for a largely consequence-free protest vote, but this logic doesn’t seem to apply in the US context. I’d be interested in any thoughts from readers

{ 58 comments }

1

marcwycliffe 05.14.08 at 8:00 am

Not sure about common patterns of upsets in special elections; but the NY Times coverage seemed to show this election as very tied into November, notably through the failure of Republicans to come out to vote and through the failure of the Republican candidate, despite major effort, to turn Obama into a liability for his opponent.
http://www.nytimes.com/2008/05/14/us/politics/14mississippi.html

2

abb1 05.14.08 at 8:17 am

In an ad paid for by Davis, the Rev. Jeremiah Wright is shown and a narrator chastises Childers for not publicly denouncing the pastor’s controversial remarks. That ad also claimed Obama had endorsed Childers. Video Watch how Obama’s former pastor may cost him »

Childers immediately rejected the notion that Obama had endorsed his candidacy, a sign that even some Democrats may be worried about being too closely associated to the frontrunner in the race for the Democratic nomination.

“Sen. Obama hasn’t endorsed my candidacy,” Childers said after the ad began to air. “I have not been in contact with his campaign, nor has he been in contact with mine.”

Heh. One thing it certainly does indicate: the general election is going to be funny. I can’t wait.

3

bad Jim 05.14.08 at 9:30 am

It really doesn’t seem, at least so far, that Obama’s candidacy has toxic effects on other candidates’ races. In fact, it seems to be running the other way. Goddamn! America may actually have a little sense after all.

4

Michael H. 05.14.08 at 10:08 am

I might be a bit fuzzy on the particulars but these by-elections have often be a harbinger of the next general. For instance, in the run up to the 1994 general election two ostensibly safe Democratic seats went Republican, portending the massive Republican victory in the general. Similarly, in the run up to the huge Democratic gains in the 1974 election 5 or 6 House seats switched from Rep to Dem. I am not sure this constitutes a trend but it certainly gives Republican’s cause for concern. I expect we will see even bigger gains for Dems in November than anyone is projecting at this point.

5

Tom Hurka 05.14.08 at 11:50 am

Certainly in Canada by-elections often go to the opposition, and lesser and even fringe parties get more votes than they will in a general election. It’s a standard rule that you shouldn’t extrapolate from by-elections.

6

arbitrista 05.14.08 at 12:04 pm

Special elections are usually only indicative of the general election if 1) they are relatively close to the general, 2) there is a consistent trend, 3) they tend to happen in a specific sort of district. The fact that 6 months before the election the Republicans have lost 3 heavily Republican seats certainly fits that description. I think they might be looking at a 40 seat loss, as hard as that is to believe.

7

HH 05.14.08 at 12:09 pm

All eyes should be on the US Senate. Because of the peculiar institution of the filibuster, all it takes is 41 senators to stop any reform legislation or block judicial nominations. Right now, it still appears unlikely that the Democrats will gain a filibuster-proof majority in the Senate in November, much less a veto-proof majority.

8

John Quiggin 05.14.08 at 12:29 pm

As regards the Senate, there’s always the chance of peeling off Collins and Snowe, who have no real reason to stay with the Repugs. That would bring the filibuster-proof target within range if states like Mississippi are winnable. And provided Obama wins, there’s no need to worry about veto-proofness.

9

Matt Weiner 05.14.08 at 12:32 pm

According to the Wikipedia list of special elections the Democrats took over two GOP seats in special elections in 2004, so this doesn’t necessarily mean that the Democrats have it in the bag. But I tend to think arbitrista is right, the GOP is in huge trouble.

10

Glen Tomkins 05.14.08 at 12:49 pm

Still quirky

We don’t have a pattern of these special elections being used as mere protest votes, in the sense that a constituency will tend to vote very differently in them than their usual preference, then revert to their usual preference at the next general election. The folks who voted in MS-01 last night actually want real change in their representation.

Our special elections are, however, can fail to be good predictors of the next general election because of the low turnout of US elections in general, and special elections especially. If a dramatically skewed group turns out for the special election, the results can be dramatically different at the next general when the usual crowd turns out to vote in their usual way. So, if you were trying to minimize the disaster for the other party, you would admit that the folks who voted last night wanted change, but you would claim that this group of voters isn’t representative of the majority of voters in MS-01, who will supposedly turn out in their droves 11/4/08 to vote Republican.

But this particular victory is hard to dismiss as a fluke because the Republicans had ample warning from Childers’ near outright victory in the election a month ago. They poured a huge amount of money into the district in an effort to get their voters to the polls for this run-off, and their voters either didn’t go to the polls, or they went and voted for our candidate.

But the overriding factor that makes it hard to dismiss this result as a fluke produced by quirky turnout, is that all three recent special elections have gone the same way. Flukes ought to fall at random, and cut both ways. If they all fall the same way, it’s a trend, not a fluke. This looks to be a trend.

11

Richard Cownie 05.14.08 at 1:01 pm

Many indicators suggest the GOP is in big trouble: many incumbent Republicans have retired; they have not done well in recruiting strong candidates; they have very little money in the bank; the polls show a big swing in party id towards the Dems; Bush is the most unpopular 2-term president ever; on most major policy issues polls show voters aligning closely with Democratic policies; Dem turnout in the primaries has been much higher than Republican turnout; and new voter registration – typically younger and poorer voters who skew Dem – is very high (3.5M ?)

Latest state polling suggests even incumbent Republican senators untainted by scandal – Dole, Cornyn – are in danger. And while they’ll probably survive, defending those seats will consume scarce money.

The GOP is heading for a thoroughly-deserved beating. However, it’s still unlikely that the Dems can achieve the 9-seat senate gain needed to have a filibuster-proof supermajority (and even if they did, some of the Dem senators are pretty conservative).

The US constitution is rather badly flawed in this respect: in Jan 2009, even after 4 years of massive disapproval, two consecutive substantial election defeats, and 80%+ saying the country is on the wrong track, it’s most likely that the thoroughly discredited GOP will retain the power to block popular progressive legislation.

12

Great Zamfir 05.14.08 at 1:40 pm

Richard, what surprises me is that even given all those disadvantages, polls seem to suggest that McCain still has at least a chance in November.

Perhaps this is ‘equilibriating’, where candidates move to the center when losing but more to the left/right when they are ahead, resulting in a 50-50 split every time. But the other option is that a large part of the voting public is simply very reluctant to vote Democrat, even after Bush.

I guess I simply do not understand America.

13

newshutz 05.14.08 at 1:54 pm

The Republicans are in trouble, because they have treated badly two of the three parts of the conservative coalition, and have executed poorly on serving the third.

Just as the Democrats routinely ignore civil liberties and African American concerns, the Republicans have mostly ignored social conservatives, and have vastly increased government intrusion and size.

For some reason, this has not hurt the Democrats, but does hurt the Republicans.

14

David in Nashville 05.14.08 at 2:04 pm

Let me inject a note of skepticism here. Childers insisted on making it a local election on local issues; in general, he’s a pretty conservative Democrat, who won with help from prominent Blue Dogs. In other words, he’s the sort of Democrat that Tom Schaller would like to drum out of the party. There seems to be also a geographic factor internal to the district. Traditionally the largest population center has been Tupelo, in the northeast; but the Republican stronghold is DeSoto County, in the far northwest of the district–a rapidly expanding Memphis suburb that’s threatening to turn the district from the rural and small-town roots. Davis’s base is DeSoto, which he won overwhelmingly; Childers’s is Prentiss County, just outside Tupelo, which has traditionally considered the seat its own [The previous holder was from Tupelo]. The results seem to reflect this divide, with Davis winning in and around DeSoto and Childers winning everything else.

On the other hand, Childers made some hay by running on trade issues [Deindustrialization has been hitting the rural South hard] and took a firm stand in favor of withdrawal from Iraq; southerners don’t ordinarily pull the lever for peaceniks. And–since Mississippi is constantly put up as the poster child for the incorrigibly Republican South that Democrats should simply abandon–it must now be noted that the Mississippi H.R. delegation is now 3-1 Democrat.

15

newshutz 05.14.08 at 2:13 pm

Richard,

Considering the track record of dismal unintended consequences, I think anything that slows down “popular progressive legislation” is a feature, not a bug.

In the end, “some animals are more equal than others”, and we are unlikely to be pigs.

16

Anderson 05.14.08 at 2:15 pm

took a firm stand in favor of withdrawal from Iraq; southerners don’t ordinarily pull the lever for peaceniks

Talking out of my tail here, tho I’m on the ground in Mississippi, but I think it’s got to count against the GOP that Miss. has a good % of Army Reserve members over in Iraq.

The decision to fight this war on the backs of the Reserve has meant a lot of families where Dad (or Mom) has been gone a lot over the last few years … and income from the Army often doesn’t make up for lost “regular job” income.

17

Cryptic Ned 05.14.08 at 3:08 pm

Certainly in Canada by-elections often go to the opposition, and lesser and even fringe parties get more votes than they will in a general election. It’s a standard rule that you shouldn’t extrapolate from by-elections.

We don’t have “by-elections” in the US. Nor do we have “lesser parties”.

And as for “casting a protest vote against the government”, that doesn’t happen either. Every election is a contest between two individuals.

Instead of being fooled into voting for a party that claims to share their interests but actually doesn’t, like in Europe, people in the US are more often fooled into voting for a party that doesn’t even pretend to share their interests, on the strength of the completely irrelevant personal qualities of a specific candidate.

18

Cryptic Ned 05.14.08 at 3:11 pm

Let me edit that: Perhaps we have “by-elections” in the US, but I’ve never heard that word before, so probably our equivalent to whatever they are is slightly different at least.

19

Richard Cownie 05.14.08 at 3:12 pm

“Richard, what surprises me is that even given all those disadvantages, polls seem to suggest that McCain still has at least a chance in November.”

Polls don’t mean much this far ahead. McCain has strong name recognition from his Vietnam war record, his long time in the Senate, and his extraordinarily friendly relationship with the press. And people don’t really know much about his policies. But in the general election, he’s going to have to ‘fess up to his policies: phase out Social Security; make health insurance even more screwed up; stay in Iraq essentially forever no matter what the cost; more taxcuts for the rich; and fiscal insanity. And his votes on all these issues are on record: he talks a good game about being a maverick, but when it comes to the crunch he’s always voted as an orthodox Republican.

Beyond that, he seems to have anemic fundraising, while Obama is breaking all records with a real 21st-century online fundraising operation with already 1.5M small donors.

And the debates are going to be a nightmare for McCain: he’s old, short, not much of an orator, and an intellectual lightweight. He’s going to look terrible next to Obama – young, tall, eloquent, and scary smart. I don’t rate the importance of debates that highly: Bush got creamed by Kerry in the 2004 debates but still won. But it’s one more strike against McCain.

“Considering the track record of dismal unintended consequences, I think anything that slows down “popular progressive legislation” is a feature, not a bug.”

Not sure what you have in mind there: I’d say that the achievements of the New Deal and the Great Society are pretty damn good, and more of that would be a Good Thing for America – it’s the richest country in the world, but it still lets a lot of people fall through the cracks into poverty, poor education, inadequate healthcare, and even malnutrition. The patchwork system of health insurance is just indefensible: expensive, inefficient, and ineffective in promoting good health.

20

stuart 05.14.08 at 3:47 pm

McCain is bound to have a chance in the election: greed, fear and (covert) racism are going to sell well to much of the electorate. Even if he doesn’t personally embrace using such tactics, there will be plenty of PACs or whatever to push those sorts of themes.

21

someguy 05.14.08 at 3:48 pm

Everything is pointing against the Republicans.

But this just highlights how much of a chance McCain has.

Yea it was in Mississippi but the GOP strategy was to link Childers to Obama and Childers went out of his way to deny the link.

Again, I understand, it was Mississippi. But that is not a good sign, for Democrats, for the presidential election.

It looks like one of Childers talking points was to challenge Davis to reject Rev Wrights remarks.

Also it looks like Jamie Whitten a Democrat held the seat for the 54 years previous to Roger Wicker. I am not sure how much of a Republican strong hold that makes the 1st District.

This seemed a local thing, plus a vote against free trade, as much as anything with Davis the suburban outsider.

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.

22

newshutz 05.14.08 at 3:51 pm

I’d say that the achievements of the New Deal and the Great Society are pretty damn good

Really? Prolonged depressions and broken families are your idea of good achievements? (just one each of the many problems).

The really great thing for progressives is how they can use the problems created by and failures of past “popular progressive legislation” to justify enlargement or more:

poor education

Government schools are the original progressive program.

The patchwork system of health insurance is just indefensible: expensive, inefficient, and ineffective in promoting good health.

The state of health care in the US is a direct result of “popular progressive legislation”, that created the system of third party payers and the subsequent massive cost increases.

I thought the Great Society programs were supposed to eliminate poverty and malnutrition. If they were such a great success, how come we still have them?

Do you imagine that when you get all the government you want, that you will only get the government you want and no more? Are you happy with the militarization of the police, that comes along with the “popular progressive” drug laws?

Or do you imagine, that you will get to be one of the “animals that are more equal than others”?

23

Anderson 05.14.08 at 4:16 pm

Also it looks like Jamie Whitten a Democrat held the seat for the 54 years previous to Roger Wicker.

Right, but that was before the Nixon-era transformation of the GOP. Whitten, like Childers, was a Republican in all but name.

Whitten had too much seniority for switching parties to be viable. Today’s paper in Mississippi has a cover story lamenting how many senior senators and congressmen Miss. used to have, and how the pork they brought home isn’t available to the younger delegation today.

24

Matt Weiner 05.14.08 at 4:33 pm

Specifically, Whitten was an original Dixiecrat — to quote Wikipedia, “originally a very conservative segregationist, as were many of his colleagues from Mississippi and the rest of the South. He signed the Southern Manifesto condemning the U.S. Supreme Court decision Brown vs. Board of Education, which desegregated public schools. Along with virtually the entire Mississippi congressional delegation, he voted against the Civil Rights Acts of 1957, 1960, 1964, 1965 and 1968.”

Unlike many Dixiecrats who switched to the Republican party in the 60s and 70s, Whitten seems to have become much more liberal later in life: “Whitten later apologized for these votes, calling them a “mistake” caused by severe misjudgment. He voted for the Civil Rights Act of 1991.” (To be clear, few of the Dixiecrats-turned-Republicans remained open segregationists, but unlike Whitten they stayed to the right of the contemporary political center on race issues.) But after 30 years in office he presumably was going to get reelected no matter what his views are. (Anderson, correct me if I’m wrong about his reformation — I’m just going on Wikipedia.)

Which is to say: It was in Mississippi. It’s not any sort of bad sign for the Democrats in the general.

25

Richard Cownie 05.14.08 at 4:38 pm

“The state of health care in the US is a direct result of “popular progressive legislation”, that created the system of third party payers and the subsequent massive cost increases.”

Actually, I think it was a system which worked reasonably well from 1945-1980. Since 1980 we haven’t had much in the way of progressive government, and the system has fallen apart as insurance companies and employers have pursued their own narrow interests with less and less regulation to keep them in line with the public interest. Times change, policies have to change: I favor single-payer, but Obama’s policy is at least likely to increase the proportion of people with insurance, reversing the Bush-era trend.
And that would be a Good Thing – and surely one which a Republican minority will try to block.
It seems you’re on their side in mindlessly opposing any such change.

“I thought the Great Society programs were supposed to eliminate poverty and malnutrition. If they were such a great success, how come we still have them?”

Before LBJ, we had institutionalized racism in much of the USA. The Great Society wasn’t perfect and didn’t achieve all its goals, but it made life a hell of a lot better for most minorities and for many of the poor and elderly (Medicare). Yeah, 40 years later we have a lot of research on what does and doesn’t work, and some of what was done in the 1960s looks misguided in hindsight. But I’m not going to throw out the Civil Rights Act and Medicare baby with the bathwater, thanks very much. And neither would most voters in the USA.

26

noen 05.14.08 at 4:43 pm

I thought the Great Society programs were supposed to eliminate poverty and malnutrition. If they were such a great success, how come we still have them?

Because the GOP has sought to undermine them at every turn. NCLB is but one example. When you believe that government can never be the solution it is then in your interest to render it ineffective when you are in power. The goal of the GOP is to turn everything over to private corporate interests. Regrettably they’ve largely succeeded.

27

Barry 05.14.08 at 4:51 pm

newshutz: “Really? Prolonged depressions and broken families are your idea of good achievements? (just one each of the many problems).”

Anybody who thinks that the New Deal prolonged the Great Depression is a fool.

“Or do you imagine, that you will get to be one of the “animals that are more equal than others”?”

Some people read Orwell and think; others read Orwell and copy-and-paste.

28

someguy 05.14.08 at 4:59 pm

Anderson,

http://en.wikipedia.org/wiki/Jamie_Whitten

http://en.wikipedia.org/wiki/Roger_Wicker

http://www.swingstateproject.com/showDiary.do?diaryId=1685

It seems to be more conservative than Republican and it isn’t a paint by the numbers type of conservativism and Childers is at least a somewhat conservative Democrat. (They seem pretty typical in that they want their pork and their low taxes and a balanced budget. They like guns and don’t like abortion and so does Childers.)

Some weird local dynamics in the KOS post, that I heard an echo of somwhere else.

I don’t think this example maps all that well to Republican defeat in the fall.

After reading about it, it seems to me another small indicator, that McCain has much better shot than he should in the Fall. Despite everything being lined up for Democrats.

29

newshutz 05.14.08 at 5:22 pm

newshutz: “Really? Prolonged depressions and broken families are your idea of good achievements? (just one each of the many problems).”

Anybody who thinks that the New Deal prolonged the Great Depression is a fool.

or maybe anyone who doesn’t is
ignorant

30

newshutz 05.14.08 at 5:27 pm

Sorry, bad markup should be

Anybody who thinks that the New Deal prolonged the Great Depression is a fool.

or maybe anyone who doesn’t is ignorant.

31

Richard Cownie 05.14.08 at 5:47 pm

Whatever, newshutz. Rightwing orthodoxy these days requires its adherents to believe a whole lot of black-is-white: cutting taxes raises revenue, killing Iraqis is going to create a model democracy etc etc. You can believe what you want, god knows no-one here can persuade you. The salient point is that the US public has seen rightwing ideologues running the government for the past 7 years, and by a vast supermajority (over 80% “wrong track”) they hate the results and blame the Republican party and seem to be voting accordingly.

You can cite obscure academics all you like: it isn’t going to change the fact that a large majority of the US electorate likes Medicare and Social Security and wants good public education, not less public education, and a more accessible healthcare system.
So the electoral outlook for the GOP is bleak, and will deservedly remain bleak until they come up with a policy agenda that is rational and appealing. And that’s going to be really tough since the party apparatchiks have purged out anybody with a streak of common sense or independent thought. It could take a generation.

It’s a shame really: I’d be much much happier with US politics if there were a plausible choice between a progressive center-left party and an incrementalist-conservative party. But it ain’t so.

32

newshutz 05.14.08 at 5:48 pm

re 25.

Medicare is part of that set of “popular progressive legislation” that has made the US health care system what it is today. It is also a wealth transfer from the poor to the rich. Many of the poor do not live to qualify.

The Civil Rights Act was not progressive, but classic liberal, and the real change was the recognition that the whole set of racist laws (Jim Crow, separate but equal …) was incompatible with equal protection provided by another piece of classic liberal legislation: the 14th amendment.

re 26

sorry, but I find “the ebil GOP made me do it”, even less convincing than, “it will work this time, because we will have the right people in charge”

33

Sock Puppet of the Great Satan 05.14.08 at 5:50 pm

“Anybody who thinks that the New Deal prolonged the Great Depression is a fool.

or maybe anyone who doesn’t is ignorant.”

Well, as the average annual GDP growth rate from 1933 to 1941 was 8%, more than Saint Ronald or any GOP politician post-WW1 has ever achieved, you’ll have an uphill battle making your argument.

34

Richard Cownie 05.14.08 at 6:03 pm

“The Civil Rights Act was not progressive, but classic liberal”

So what ? It was pushed through by a Democratic president, with a Democratic majority in the House and Senate. And the GOP has spent the past 40 years pursuing Nixon’s “Southern strategy” of dogwhistle racism and trying to roll back civil rights. The progressives are on the side of the angels on this; the conservatives are on the wrong side. Quibbling about terminology won’t change that. The Bush-era Republican party is grossly, shockingly illiberal. And the electorate doesn’t like it.

35

lemuel pitkin 05.14.08 at 6:04 pm

The US constitution is rather badly flawed in this respect: in Jan 2009, even after 4 years of massive disapproval, two consecutive substantial election defeats, and 80%+ saying the country is on the wrong track, it’s most likely that the thoroughly discredited GOP will retain the power to block popular progressive legislation.

Consitution is badly flawed, for sure, but the filibuster ain’t one of the flaws, ebcause it’s not in the Constitution.

In principle, a Democratic majority could eliminate the filibuster, on the legal basis that the Senate rules need to be approved at the beginning of each new Senate. Since, at that point, the old rules are not in effect, the presiding officer can simply rule that a majority vote is sufficient to adopt new rules, and the majority can adopt rules with no filibuster.

I am moderately optimistic that if Republican diehards in the Senate spend the first two years of the Obama administration filibustering popular legislation, the Dem leadership will at least consider this option. I’m less optimistic that progressives will give it the full-throated support it deserves rather than wringing their hands about the dangers of majority rule.

36

Matt Weiner 05.14.08 at 6:23 pm

Preventative maintenance: Please note that the procedure Lemuel describes is different from the “nuclear option” considered by the GOP during judicial confirmation battles, in that it applies only at the beginning of the session when the old rules arguably aren’t in effect. Under the “nuclear option” the GOP would’ve violated the rules of the session that were then in effect.

37

newshutz 05.14.08 at 6:25 pm

Whatever, newshutz. Rightwing orthodoxy these days requires its adherents to believe a whole lot of black-is-white: cutting taxes raises revenue, killing Iraqis is going to create a model democracy etc etc. You can believe what you want, god knows no-one here can persuade you. The salient point is that the US public has seen rightwing ideologues running the government for the past 7 years

lol, I am not the one engaging in black-is-white thinking, neither do I make the mistake of assuming there are only black and white sides to issues.

“rightwing ideologues” that have:

increased the size of government faster than the previous “progressive” administration.

increased the centralization of government schooling through NCLB

instituted an aggressively interventionist foreign policy to spread democracy.

increased the government involvement in the US health care system by expanding medicare.

real increase in taxes through inflating the currency.

These are all progressive policies.

And the incoming government is going to be even more progressive, no matter what the election results. (including an interventionist foreign policy)

Face it. The real difference between Republicans and Democrats has been how fast to implement the progressive agenda.

The rehashing of 19th century arguments between conservatives and (classic)liberals has had the result of keeping those two groups from opposing the progressive agenda, but neither Rs or Ds do much for conservatives or liberals.

My warning remains. You will not be able to stop the growth of government at the “correct” level, nor can you limit its growth to only the “correct” areas. You can only hope to be one of those “animals that are more equal than others”

Good luck

38

Richard Cownie 05.14.08 at 6:40 pm

“Preventative maintenance: Please note that the procedure Lemuel describes is different from the “nuclear option” considered by the GOP during judicial confirmation battles, in that it applies only at the beginning of the session when the old rules arguably aren’t in effect”

Sorry, Matt, that doesn’t really fly. The accepted interpretation is that since only 1/3 of the Senate is re-elected at each election, the Senate is a “continuing body” (is that the right terminology ?) whose rules remain in force indefinitely.

Changing the filibuster rule requires either
a) getting a 2/3 majority to vote for the rule change (LBJ managed this in the 60s), or
b) using the “nuclear option” considered by the Republicans, which involves dishonestly claiming that the rules were never what everyone thought they were.

Much as I dislike the Senate’s composition and rules, I find option b) distasteful and contrary to the spirit of the constitution.

39

lemuel pitkin 05.14.08 at 6:50 pm

The accepted interpretation is that since only 1/3 of the Senate is re-elected at each election, the Senate is a “continuing body” (is that the right terminology ?) whose rules remain in force indefinitely.

Perhaps an expert will enlighten us.

My understanding — which I owe to Tom Geoghegan — is that there is at least some ambiguity about whether or not the Senate rules remain in force between Senates. And some ambiguitty is all that is needed, because the courts are historically extremely reluctant to involve themselves in questions like this.

In any case, the real question is whether we respond to the filibuster by throwing up our hands and saying how sad it is that nothing progressive can pass the Senate, but the Will of the Foudners cannot be flouted; or whether we respond by insisting that the filibuster must go, even if that requires an aggressive interpretation of the Senate rules.

As we’ve seen in past posts here, there’s a significant strain of liberalism that sees strict proceduralism as trumping all other political values. But on the filibuster, I can imagine the Senate Ds turning out to be more progressive, as well as more pragmatic, than Crooked Timberites.

40

joseph duemer 05.14.08 at 6:52 pm

“Some people read Orwell and think; others read Orwell and copy-and-paste.”

Or they have been reading the Jonah Goldberg translation of Animal Farm.

41

Richard Cownie 05.14.08 at 7:02 pm

““rightwing ideologues” that have:

increased the size of government faster than the previous “progressive” administration.”

Well, I guess we have a disagreement about what “progressive” means. In my book it means trying to improve the welfare of the most disadvantaged, and believing that appropriate government action can make such change.

Total government spending is no measure of a
“progressive”. Spending $500B/year on the military while cutting social programs and giving taxcuts to the rich ain’t “progressive”.

“increased the centralization of government schooling through NCLB”

Well, maybe. Though many progressives view NCLB as a plan to gut public schools: strike a deal to provide more federal money in return for imposing federal testing; weasel out of providing the funding; rig the tests so that many schools are bound to fail; then use that failure to destroy the system. At best NCLB is a very mixed bag.

“instituted an aggressively interventionist foreign policy to spread democracy.”

Oh come on ? You really believe the rhetoric about “spreading democracy” ?? No-one else does.
Suggesting the Iraq debacle is a “progressive” policy is just wacky. Progressives want to spend money on schools and pensions and healthcare in the USA, not on foreign wars. LBJ made that mistake, but the left wing of the Dem party hated
the Iraq war and voted against it.

“increased the government involvement in the US health care system by expanding medicare.”

I’ll grant you that one as a somewhat progressive measure, albeit one that was done in a way that made it a giveaway to drug and insurance companies rather than an efficient benefit.

“real increase in taxes through inflating the currency.”

Offset by enormous tax cuts aimed at the most
wealthy. Making life harder for the poor and
easier for the billionaires isn’t “progressive”.

“These are all progressive policies.”

Bull. Government spending isn’t “progressive” per se. Spending to help the poor and disadvantaged is progressive. Taxing the rich is progressive.
Spending billions on no-bid contracts to Halliburton and Blackwater, not so much.

“My warning remains. You will not be able to stop the growth of government at the “correct” level, nor can you limit its growth to only the “correct” areas.”

I’m not looking for perfection. But I do believe that carefully-designed government programs can do a lot of good. And that programs run by idiots (the CPA and Brownie’s FEMA spring to mind) can burn all the money in China while being useless or worse. It seems both those beliefs are shared by the bulk of US voters; and that right now they don’t trust Republicans to make any of those decisions. That leaves the Dems as the only game in town. And fortunately, Sen Obama seems to have gathered a very impressive policy team – both for foreign and domestic policy.

They’re not going to do just what I would like
(shrink the military budget from $500B+ down to
$150B or less; increase non-military foreign aid from $20B to $100B+; single-payer health care),
but they’ll be a hell of a lot better than McCain’s incoherent grab-bag of more-Bush-than-Bush policies.

42

Richard Cownie 05.14.08 at 7:14 pm

“My understanding—which I owe to Tom Geoghegan—is that there is at least some ambiguity about whether or not the Senate rules remain in force between Senates. And some ambiguitty is all that is needed, because the courts are historically extremely reluctant to involve themselves in questions like this”

Hmm.. when there’s been a strong consensus about this for 200 years or so, it seems a stretch to argue that there’s ambiguity.

However, I think the filibuster is going to be
less problematic if we get a Dem President. One big peculiarity of US politics is that the party not occupying the White House doesn’t have any coherent leadership to hold it together and set an opposition agenda. There’s no Leader of the Opposition and Shadow Cabinet. There’s a
powerless House minority leader, and a Senate minority leader who theoretically has some power of patronage over committee assignments and leadership positions, but in practice is rather weak. So it’s hard for a Senate minority to put up a strong fight against a popular President with a Senate majority: the tendency is for each senator in the minority to look out for his own interests and cut deals with the majority.

That effect is likely to be even stronger as
Republicans try to save their own hides in a
climate of massive unpopularity for their party.
Right now Bush and the McConnell are using the filibuster and veto power to block *everything*. But if that strategy leads to another massive electoral defeat – as seems probable – McConnell will be gone and the remaining Republicans aren’t going to be enthusiastic about continuing the strategy.

There’s also the threat of a possible filibuster-proof majority after 2010. Republicans will have to think hard about whether they should cut deals while they still have that power, or
risk finding themselves completely powerless later.

So I’m optimistic that quite a lot can get done.

43

Matt Weiner 05.14.08 at 7:17 pm

Thanks, Richard. I don’t have and didn’t mean to claim any expertise here, so I’ll revise that to “the procedure Lemuel describes is supposed to be different from the nuclear option,” which by any measure took place in the middle of the term.

44

Richard Cownie 05.14.08 at 7:30 pm

“Thanks, Richard. I don’t have and didn’t mean to claim any expertise here,”

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

45

Matt Weiner 05.14.08 at 7:42 pm

I’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’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 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.]

In any case, I’m with Lemuel here; though ordinarily I’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’s unprecedented number of filibusters since the Democrats took over the Senate; or the refusal to confirm any — not the most radical, any — of Clinton’s appointees for many judicial vacancies, or cutting the ABA out of the judicial nomination process; but what I’d point to is the exceptionless refusal of any Republican member of Congress to vote for important Clinton bills in 1993. That was unprecedented obstructionism; 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: “the party not occupying the White House doesn’t have any coherent leadership to hold it together and set an opposition agenda.” Voting “no” on everything doesn’t take an agenda, and the Republicans have shown themselves willing to do it before, even after electoral defeats. We shouldn’t count on them seeing reason.

46

Matt Weiner 05.14.08 at 7:43 pm

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

Heh, me too. And this discussion reminds me that I’ve been sort of reading The Emperor of Ocean Park — I should go outside and do that.

47

Richard Cownie 05.14.08 at 8:35 pm

“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.”

The wikipedia entry for “cloture rule” 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 “2/3 of those present and voting”. This all gets quite self-referential and arcane …

“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.”

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’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’s worth trying to work with. Playing fast and loose with the rules doesn’t go over well with the voters in the long run, even when the rules are flawed.

I don’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’t an option, so any proposed change has to be evaluated in the context of a fairly elaborate system. It’s hard to get things done, but that’s the way the system is designed to be.

One interesting theory I’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.

48

Geoff Robinson 05.15.08 at 1:20 am

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’t voted for a Democrat president since the 1950s.

49

StevenAttewell 05.15.08 at 2:35 am

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’s suquaker victory), Oh-18 (Bob Ney’s seat flipping from R to D), TX-22 (Tom DeLay’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’s, and only began to increase in the 1980’s with the Reagan budget cuts.

http://www.census.gov/hhes/www/poverty/histpov/hstpov2.html

50

Nell 05.15.08 at 2:42 am

hasn’t voted for a Democrat president since the 1950s

Democratic president

51

nick s 05.15.08 at 6:03 am

What richard cownie said upthread: recruitment is a real issue, when you’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’s not going to be an easy year to run for federal office, then you don’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’s strategy hinges on a large increase in turnout, and an electoral map that’s relatively unfamiliar to Democrats. But if that turns out to be a gamble too far, you’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.

52

Richard Cownie 05.15.08 at 7:20 am

“Obama’s strategy hinges on a large increase in turnout”

High turnout is usually good for Dems. But I don’t think that’s essential this year: all that’s needed is to point out that McCain has consistently voted for Bush’s policies, and that McCain’s economic policy, foreign policy, and especially Iraq policy is nothing but the continuation, and even intensification, of Bush’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.

53

John Emerson 05.15.08 at 1:01 pm

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.

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.

Posted by someguy

What can that possibly mean?

As I explained elsewhere, there are always those who take advantage of discursive charity, especially in political discussions. (Leibniz: “People would argue about the multiplication table if there were enough money in it”). 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!)

54

Richard Cownie 05.15.08 at 1:53 pm

“What can that possibly mean?”

It just means Obama isn’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 …

55

Matt Weiner 05.15.08 at 7:34 pm

Steven Attewell — Agreed with the rest of your posts, but I believe that the TX-22 and TX-23 elections didn’t come before the 2006 blowout — the Democrat didn’t even run in the TX-22 special election, so the seat didn’t flip until the general (when, due to DeLay’s fecklessness, there was no Republican on the ballot); and in TX-23 the special election actually took place after 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 “Democrat/Democratic”; I think Geoff is from Australia, where there is a party that calls itself the “Democrat Party”; in the U.S. the party calls itself the “Democratic Party” so when an American says “Democrat Party” he sounds like an asshole. But as an Australian Geoff surely meant no harm.

56

abb1 05.15.08 at 9:29 pm

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&order angle.

The general election thing hasn’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 “lets scary rapists walk the streets” easily beats “has consistently voted for Bush’s policies”.

57

StevenAttewell 05.16.08 at 1:57 am

Matt,

You’re quite right, my bad.

58

Geoff Robinson 05.19.08 at 5:11 am

Yes I am from Australia! No hidden meanings intended

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