This is What Real Democracy Looks Like
The messy nature of making law in a thriving Democracy has re-emerged.
“Revolution doesn't have to do with smashing something; it has to do with bringing something forth. If you spend all your time thinking about that which you are attacking, then you are negatively bound to it. You have to find the zeal in yourself and bring that out.”
-Joseph Campbell
Political buzz in Washington is all atwitter with talk of Republican leadership in the House in disarray. The Palmer report says, “…House Republicans are in catastrophic disarray.” The Atlantic claims, “Republicans are no longer a political party.” The Washington Post’s E.J. Dionne writes, “The Republican problem is metastasizing.”
Perhaps the most damning report I’ve read comes from Jake Sherman of Punchbowl News (whose work I fundamentally respect even though I often criticize his inside Washington viewpoint) tweeted the following this morning:
THE DISASTER THAT IS HOUSE REPUBLICAN LEADERSHIP…
This is the most chaotic, inefficient and ineffective majority we’ve seen in decades covering Congress. It started this way under former Speaker Kevin McCarthy and has gotten worse under Johnson.
Pretty damning take. And he is right, on the level. The number of votes which came to the floor and were defeated, often narrowly, was a site to see, and very unusual in recent House history. Just this past week or so, Speaker Johnson and the House Republicans have watched:
Democrat Tom Suozzi win a special election, flipping the Santos House seat in New York and narrowing the Republicans already razor-thin majority
Six rule vote losses in the House, which are usually rubber stamped
A scheduled vote on the very important bill to stop FISA spying abuse on Americans cancelled at the last minute
Some important committee chairs have announce their retirement
The Israel aid standalone bill the Speaker introduced went down without a fight
And so, in the short term game of win-lose politics that is Washington, The Speaker and his leadership team are on their heels, reeling from the chaos of weak leadership, strong minority voices and members voting as they see best, rather than en bloc with House leadership.
Is this really a bad thing?
The irony that has always surrounded the “Saving Democracy,” Party and their various melodramatic tropes is that when Nancy Pelosi was Speaker of the house, she ruled “with an iron fist in Gucci gloves,” according to Politico. Pelosi was very accomplished operator, able to use both carrot and stick to force the Democratic members of her caucus to deliver the votes she needed to get her legislation passed. And as Congress gave up on the budget and appropriations process long ago, that meant that the Continuing Resolutions that have funded the Government for years were written in the Speaker’s office and negotiated by few members with no opportunity for debate nor amendment. This all had the net effect that the United States government was funded and operated in large part at the direction of a few leaders in Congress with little member participation. Here’s how Learn Liberty, a Libertarian non-profit, describes it:
Over a decade ago, Speaker Boehner restricted and Speaker Ryan subsequently ended the ability for members of Congress to submit legislative amendments.
Since then, the new house rules have been maintained by every subsequent speaker, regardless of their party. As a result, Congressional power has effectively been controlled by the Speaker of the House, the President, and the Senate Majority Leader.
Moreover, the process of setting rules has been gradually taken over by regulatory agencies instead of being the remit of elected representatives. This dysfunctional phenomenon is only increasing, allowing unelected bureaucrats to do most of the lawmaking.
On top of this, party leadership has been consolidating power over individual members. Those who do not tow the line face consequences. Indeed, members who follow their individual judgment will see themselves stripped of committee assignments and even have their party turn against them by funding challengers in their primary elections.
Editor’s Note: Importantly, the issue described in paragraph 3 - rule setting overtaken by Executive bureaucracy - is currently being deliberated at the Supreme Court and there is hope the court will strike down this Unconstitutional usurpation of Congress’ powers by the Executive branch. The decision is expected soon.
So while the short term story is that Speaker Johnson is in a much weaker position than most of his predecessors and the House is in disarray, a larger, longer term sea change may be at play.
Certainly, if Speaker Johnson can hold on to the office and weather this crisis, he will continue to be in a weaker position than Ms. Pelosi or Mr. Boehner ever was. But that has a chance to mean a great thing for our Democracy. Imagine if members of Congress were individually given more power - their ability to submit amendments, express their opinions through free and open votes (rather than by head count and “getting the caucus in line”) and to force compromise that the rank and file can agree to, could be a wonderful thing for our legislative process. Certainly returning some power to the people’s representatives rather than a few leaders in Washington (the President, the Speaker and the Senate Majority Leader) would be a move toward the ideal of rule by the people.
But that style of Democracy, which would more resemble a Parliament, is messy. It means that many votes will go down despite leadership’s best efforts. It means that rather than ramming through unpopular policies by legislative tricks, strong arm tactics and petty games in the press, statesmanship, compromise and the will of the people will be strengthened. It means that your member of Congress will be a much more important factor in the legislative process than he or she has been, and may have the type of power her predecessors had before World War II.
In sum, a grand opportunity has opened. The old rules are breaking. New leadership has an opportunity to loosen the stranglehold entrenched interests have on Washington politics and policy.
And therefore as a stranger give it welcome.
There are more things on Heaven and Earth…than are dreamt of in your philosophy.