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Freepers, this is why you lost, incidently. http://i.realone.com.nyud.net:8090/assets/rn/img/8/4/3/5/12055348-12055438-slarge.jpgIt is no big scoop that the majority party in Congress has always found ways of giving the shaft to the minority. But there is a marked difference in the size and the length of the shaft the Republicans have given the Democrats in the past six years. There has been a systematic effort not only to deny the Democrats any kind of power-sharing role in creating or refining legislation but to humiliate them publicly, show them up, pee in their faces. Washington was once a chummy fraternity in which members of both parties golfed together, played in the same pickup basketball games, probably even shared the same mistresses. Now it is a one-party town -- and congressional business is conducted accordingly, as though the half of the country that the Democrats represent simply does not exist. American government was not designed for one-party rule but for rule by consensus -- so this current batch of Republicans has found a way to work around that product design. They have scuttled both the spirit and the letter of congressional procedure, turning the lawmaking process into a backroom deal, with power concentrated in the hands of a few chiefs behind the scenes. This reduces the legislature to a Belarus-style rubber stamp, where the opposition is just there for show, human pieces of stagecraft -- a fact the Republicans don't even bother to conceal. "I remember one incident very clearly -- I think it was 2001," says Winslow Wheeler, who served for twenty-two years as a Republican staffer in the Senate. "I was working for Pete Domenici at the time. We were in a Budget Committee hearing and the Democrats were debating what the final result would be. And my boss gets up and he says, 'Why are you saying this? You're not even going to be in the room when the decisions are made.' Just said it right out in the open."
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The GOP's "take that, bitch" approach to governing has been taken to the greatest heights by the House Judiciary Committee. The committee is chaired by the legendary Republican monster James Sensenbrenner Jr., an ever-sweating, fat-fingered beast who wields his gavel in a way that makes you think he might have used one before in some other arena, perhaps to beat prostitutes to death. Last year, Sensenbrenner became apoplectic when Democrats who wanted to hold a hearing on the Patriot Act invoked a little-known rule that required him to let them have one.
"Naturally, he scheduled it for something like 9 a.m. on a Friday when Congress wasn't in session, hoping that no one would show," recalls a Democratic staffer who attended the hearing. "But we got a pretty good turnout anyway."
Sensenbrenner kept trying to gavel the hearing to a close, but Democrats again pointed to the rules, which said they had a certain amount of time to examine their witnesses. When they refused to stop the proceedings, the chairman did something unprecedented: He simply picked up his gavel and walked out.
"He was like a kid at the playground," the staffer says. And just in case anyone missed the point, Sensenbrenner shut off the lights and cut the microphones on his way out of the room.
For similarly petulant moves by a committee chair, one need look no further than the Ways and Means Committee, where Rep. Bill Thomas -- a pugnacious Californian with an enviable ego who was caught having an affair with a pharmaceutical lobbyist -- enjoys a reputation rivaling that of the rotund Sensenbrenner. The lowlight of his reign took place just before midnight on July 17th, 2003, when Thomas dumped a "substitute" pension bill on Democrats -- one that they had never read -- and informed them they would be voting on it the next morning. Infuriated, Democrats stalled by demanding that the bill be read out line by line while they recessed to a side room to confer. But Thomas wanted to move forward -- so he called the Capitol police to evict the Democrats.
Thomas is also notorious for excluding Democrats from the conference hearings needed to iron out the differences between House and Senate versions of a bill. According to the rules, conferences have to include at least one public, open meeting. But in the Bush years, Republicans have managed the conference issue with some of the most mind-blowingly juvenile behavior seen in any parliament west of the Russian Duma after happy hour. GOP chairmen routinely call a meeting, bring the press in for a photo op and then promptly shut the proceedings down. "Take a picture, wait five minutes, gavel it out -- all for show" is how one Democratic staffer described the process. Then, amazingly, the Republicans sneak off to hold the real conference, forcing the Democrats to turn amateur detective and go searching the Capitol grounds for the meeting. "More often than not, we're trying to figure out where the conference is," says one House aide.
In one legendary incident, Rep. Charles Rangel went searching for a secret conference being held by Thomas. When he found the room where Republicans closeted themselves, he knocked and knocked on the door, but no one answered. A House aide compares the scene to the famous "Land Shark" skit from Saturday Night Live, with everyone hiding behind the door afraid to make a sound. "Rangel was the land shark, I guess," the aide jokes. But the real punch line came when Thomas finally opened the door. "This meeting," he informed Rangel, "is only open to the coalition of the willing."
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One of the most depressing examples of one-party rule is the Patriot Act. The measure was originally crafted in classic bipartisan fashion in the Judiciary Committee, where it passed by a vote of thirty-six to zero, with famed liberals like Barney Frank and Jerrold Nadler saying aye. But when the bill was sent to the Rules Committee, the Republicans simply chucked the approved bill and replaced it with a new, far more repressive version, apparently written at the direction of then-Attorney General John Ashcroft.
"They just rewrote the whole bill," says Rep. James McGovern, a minority member of the Rules Committee. "All that committee work was just for show."
To ensure that Democrats can't alter any of the last-minute changes, Republicans have overseen a monstrous increase in the number of "closed" rules -- bills that go to the floor for a vote without any possibility of amendment. This tactic undercuts the very essence of democracy: In a bicameral system, allowing bills to be debated openly is the only way that the minority can have a real impact, by offering amendments to legislation drafted by the majority.
In 1977, when Democrats held a majority in the House, eighty-five percent of all bills were open to amendment. But by 1994, the last year Democrats ran the House, that number had dropped to thirty percent -- and Republicans were seriously pissed. "You know what the closed rule means," Rep. Lincoln Diaz-Balart of Florida thundered on the House floor. "It means no discussion, no amendments. That is profoundly undemocratic." When Republicans took control of the House, they vowed to throw off the gag rules imposed by Democrats. On opening day of the 104th Congress, then-Rules Committee chairman Gerald Solomon announced his intention to institute free debate on the floor. "Instead of having seventy percent closed rules," he declared, "we are going to have seventy percent open and unrestricted rules."
How has Solomon fared? Of the 111 rules introduced in the first session of this Congress, only twelve were open. Of those, eleven were appropriations bills, which are traditionally open. That left just one open vote -- H. Res. 255, the Federal Deposit Insurance Reform Act of 2005.
In the second session of this Congress? Not a single open rule, outside of appropriation votes. Under the Republicans, amendable bills have been a genuine Washington rarity, the upside-down eight-leafed clover of legislative politics.
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\http://www.rollingstone.com/politics/story/12055360/cover_story_time_to_go_inside_the_worst_congress_everIt's a long article, and worth reading. |
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