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Why Congress Is So Dysfunctional

Congress

By CHARLES BABINGTON   10/ 1/11 11:07 PM ET   AP

WASHINGTON -- How did it get this bad on Capitol Hill?

Why does Congress barely function today?

The legislative branch of the world's most powerful nation is now widely scorned as it lurches from one near-catastrophe to the next, even on supposedly routine matters such as setting an annual budget and keeping government offices open.

Congress is accustomed to fierce debate, of course. But veteran lawmakers and scholars use words such as "unprecedented" to describe the current level of dysfunction and paralysis. The latest Gallup poll found a record-high lack of faith in Congress.

There's no single culprit, it seems. Rather, long-accumulating trends have reached a critical mass, in the way a light snowfall can trigger an avalanche because so many earlier snows have piled atop each other.

At the core of this gridlock is a steadily growing partisanship. Couple that with a rising distaste for compromise by avid voters. Unswerving conservatives and liberals dominate the two parties' nominating processes, electing lawmakers who pledge never to stray from their ideologies.

Instead of a two-party system, American government has become a battle between warring tribes, says Mickey Edwards, a former Republican congressman from Oklahoma who has taught at several universities. When House and Senate leaders set out their goals and strategies, he said in an interview, "it comes down to the party first," with the public's welfare lagging behind.

The parties have driven all but a few centrists from their ranks. House districts are ever more sharply liberal or conservative because both parties collude in gerrymandering to protect incumbents and because mobile Americans like to live among like-minded people.

For many Republicans, the biggest threat to re-election is from their party's right flank. For Democrats, the danger is being insufficiently liberal.

"The problem in a nutshell is that most members are more worried about their primary election than the general election," said former Rep. Tom Davis, R-Va., now a campaign strategist. "They ask themselves, `Why should I go out and be the next Bob Bennett or Mike Castle?' So they become very averse to compromise."

Bennett, a three-term Utah senator, and Castle, a former Delaware congressman, were veteran GOP lawmakers who unexpectedly lost Senate nominations last year to tea party activists who had denounced them for occasionally working with Democrats.

Some Washington insiders thought the downgrade of the nation's credit-worthiness, which followed last summer's bitter battle over the government's borrowing limit, might shock congressional leaders into ending their brinksmanship. But just days ago, a relatively minor disagreement over disaster aid money brought new threats of a government shutdown. Also, many lawmakers are deeply pessimistic that a special bipartisan committee can develop a viable plan this fall for sharply reducing the deficit.

Interviews with current and former lawmakers, congressional scholars and others point to several events that have tangled up Congress that lawmakers barely can keep the government's lights on, let alone tackle big problems such as illegal immigration and soaring health costs. They include:

_political realignment. Years ago, Southern conservative Democrats often worked with GOP lawmakers, and "Rockefeller Republicans" joined forces with moderate and liberal Democrats. Now, except for black enclaves, the South is overwhelmingly Republican. Liberal Republicans hardly exist, and even "moderate" Republicans face intense criticism from tea partyers and others.

_The 1994 Republican revolution. The GOP ended four decades of House minority status when Newt Gingrich of Georgia led an insurgency that would change Congress' way of doing business.

"He greatly increased the party-versus-party polarization," Edwards said. Republicans saw their mission as "less to be a lawmaker than to be a champion of the Republican cause, constantly at war, defeating Democrats."

When Democrats regained the majority for four years starting in 2007, they did not bring back the days of letting the minority party offer alternative bills. In fact, the House minority now plays a vastly diminished role, and both parties spend huge energies trying to gain or hold the majority.

_Cultural shifts. Unlike two and three decades ago, most lawmakers now keep their families back home, and many spend as little time in Washington as possible. They rarely socialize or talk politics across party lines, further discouraging compromise.

The media world has been reshaped by a decline in traditional, straight-news outlets and the rise of opinionated blogs, cable TV shows and talk radio. Republicans "live in mortal fear of Rush Limbaugh outing anyone" for being insufficiently conservative, said Rep. David Price, D-N.C., a former Duke University political science professor.

Rep. Jim Cooper, D-Tenn., in one of several essays on Congress' decline, writes that "Fox and MSNBC ... certainly inflamed partisanship." Social media, he says, has "popularized nonfact-based reality."

_Unrestrained use of partisan tools. Until the mid-1990s, the House majority often let the other party offer legislation for debate and votes. The measures typically failed, but the practice gave the minority a chance to air its philosophies and push for compromises where possible.

That rarely happens now. When Rep. Dennis Hastert, R-Ill., was speaker, he adopted a "majority of the majority" rule, which essentially made the minority party irrelevant. He would let no major bill pass without support from most of his fellow Republicans, even if it would pass easily with Democratic votes and just under half of the Republicans' backing.

Bigger changes occurred in the Senate. The powerful filibuster tool was used sparingly throughout most of the 20th century. But both parties now routinely employ it, enabling the minority to block almost any bill if its members stick together.

Unrestrained use of the filibuster contributes heavily to gridlock, Edwards said. "It's a failure of character in my view, of leadership for whichever party is in charge," he said.

_Money's role in polarization. New laws and tactics have steered millions of campaign dollars to interest groups on the far left and far right, and they spend it to defeat candidates they oppose.

"Most of the money is now not with the parties," said Davis, who once headed the GOP House campaign effort. "There's no centering force in politics," he said. "The money has moved to the extremes. Everything has moved to the extremes."

"The voters bear some blame," Davis added, noting recent elections in which the greatest energies were on the edges, not the middle.

Edwards, who has written extensively on government since leaving Congress in 1993, said in a recent article for The Atlantic that Americans have created a political system "that makes cooperation almost impossible and incivility nearly inevitable."

There's hope it might improve somewhat, over time, Edwards said in the interview. But for now, he said, members of Congress are responding to voters who say "if you compromise, if you reach across the aisle, we will defeat you."

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WASHINGTON -- How did it get this bad on Capitol Hill? Why does Congress barely function today?...
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COMMUNITY PUNDITS
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Marcospinelli 12:10 PM on 10/02/2011
"The voters bear some blame," Davis added, noting recent elections in which the greatest energies were on the edges, not the middle.

=====================================

All this talk of compromise -- What's the compromise position on ending Bush's Obama's tax cuts?  Do Obama's 'most ardent supporters' know that in the  Read More...
11:27 AM on 10/08/2011
Since Obama is very smart, perhaps smarter than any in congress, Einstein's adage may apply - "those of a brilliant mind are always attacked by those with small minds"
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HUFFPOST SUPER USER
Leah Watts
08:46 AM on 10/04/2011
Bottom line is this: as voters, we have to GROW UP and learn how government works. We also have to ensure that the people we elect want to work for us, and not for themselves. People talk about primarying the President. It's the Congress who should be primaried. And the people need to re-educate themselves, but not by means of Fox and MSNBC.
HUFFPOST SUPER USER
JTyroler
knows that there is no GOP savior for 2012
06:46 AM on 10/04/2011
As long as we have politicians who believe that the rights of corporations are more important than the rights of individuals, things will never get better - only to get worse and worse by the week. Maybe we need some major changes to the Constitution (or maybe a new one). We're using, for the most part, an 18th century document to guide us in the 21st century. Corporations didn't exist when the Constitution was written. Weapons were much simpler - they couldn't have foreseen guns shooting several rounds per second, compared to a musket that it could take 20-30 seconds to shoot a 2nd round (if you were good). They didn't foresee that blacks would no longer be slaves and have voting rights, nor women having property or voting rights.
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HUFFPOST PUNDIT
Marcospinelli
an old liberal Democrat, a 'New Deal'-Democrat
06:15 AM on 10/04/2011
This article hits upon one of my favorite subjects: Constitutional crises, Republicans' utter contempt for the Constitution and callous disregard for creating them caused by Democrats' cowering response.   That's what underpins all of this and what's destroying the country. 

As president, you've got to really want the US to work, to exist, to not exploit the loopholes in the Constitution that keep our three-branches of government precariously balancing the democracy.  But BushCheney drove tanks through the loopholes, breaking the law and with no apparent concern for exposing the loopholes or any consequences.

Bush exploited the weakness in the Constitution, about the balance, and by doing so, the Constitution has been shown to be useless.  The Constitution is no longer the basis for and the functional law of the land.  The Constitution is no longer much respected in Congress, the Executive Branch, the SupremeCourt, nor in law or business.

Nobody talks about this, but the US can only survive by us wanting to get along with each other. You've got to want the country to work more than you want your way over other Americans getting their way. Or some of their way. You've got to be willing to compromise. 

Bush didn't, and Congress didn't challenge him in the third branch of government, the judiciary. Bush created one Constitutional crisis after another. There's been real concern that if the judiciary ruled against him, he wouldn't abide. Then what? Nobody can force him. Three co-equal branches of government.

KEEP READING
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HUFFPOST PUNDIT
Marcospinelli
an old liberal Democrat, a 'New Deal'-Democrat
06:16 AM on 10/04/2011
Bush wasn't the first to create Constitutional crises, but he created more of them, eviscerating the Constitution for all time. How do you go forward with it when its Achilles' heel has been laid bare for any BushCheney wannabe waiting in the weeds to exploit?  What's now happened in the aftermath of BushCheney is that what Nixon did has been made legal.  Once BushCheney happened, once they exploited those loopholes for everyone to see, you can't just go on as if it never happened.  You can't "look forward, not back".  

The situation might have been remedied had Obama come into office investigating and prosecuting the Bush administration and restoring the 'rule of law'.  BushCheney exploited the inherent weaknesses in the Constitution:  The precarious balance of power between the three branches of government.  But Obama refused, and has continued the BushCheney disregard of the Constitution and even gone beyond BushCheney abuses.

That fact alone cast suspicion on Obama's good intentions after his failure to investigate and prosecute, and his continuing Bush's 'unitary executive' practices (and expanding them, with 'indefinite preventive detention' of American citizens and Obama's doctrine that presidents have the right to k!ll American citizens with no due process, no oversight, and his push for  and no transparency of anything a president asserts should be his secret).  It is pure Kafka.  Most of Obama's supporters believe that Obama ended the torture practices of the BushCheney regime and closed down the CIA black sites, but apparently that's not true: Obama's continuing to torture and has decriminalized it, along with creating all new black sites (Prison Ships, Ghost Prisoners and Obama's Interrogation Program).

There was a coup d'etat in this nation, a bloodless one, but a coup nonetheless.  And both parties are in on it and we're 'flying without a net' (Constitution).

KEEP READING
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HUFFPOST PUNDIT
Marcospinelli
an old liberal Democrat, a 'New Deal'-Democrat
06:17 AM on 10/04/2011
The solution rests with each of us and what we're willing to do, to "risk", regardless of the rest of the 'herd'.  If you think that Republicans are worse, if you don't realize that Republicans and Democrats work together in a 'good cop/bad cop' dance to further the interests of transnational corporations, then it'll be more of the same until we're all squeezed dry and living like Haitians.  

If you think that Republicans are worse and you're going to continue voting for Democrats, why should Obama and Democrats do anything for you?  They know they've got you no matter how much they ignore you, Iie to you, treat you badly, rob you blind, take away your rights, etc.  Dr. Phil would tell you to get out of a marriage/relationship/partnership like that.

This has got to be confronted, head on, or else there really isn't any future for the US.  Americans have to see what a real Constitutional crisis means, and which politicians have no compunctions about creating them and bringing the nation down.  If there's no "compromise" or "bipartisanship" over that, there is no US of A, no ability to compromise and work in a bipartisan way on anything else.
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HUFFPOST SUPER USER
bryan broome
All your money won't another minute buy.
07:16 AM on 10/04/2011
OT
Have you submitted any of your posts to your local newspaper? I was just wondering if I could submit this to my local paper (under your name) to possibly get your obsevations out into my community. I hope no offense is taken.
11:07 PM on 10/03/2011
The dirtiest job in the world is politics
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HUFFPOST SUPER USER
mxytsplyk
De gustibus non est disputandum
09:29 PM on 10/03/2011
ʻFor Democrats, the danger is being insufficiently liberal.ʻ

Says it all. We (at least most of us) did not favor Reagan Democrats.
08:40 PM on 10/03/2011
"I have never seen more Senators express discontent with their jobs....I think the major cause is that, deep down in our hearts, we have been accomplices in doing something terrible and unforgivable to our wonderful country. Deep down in our heart, we know that we have given our children a legacy of bankruptcy. We have defrauded our country to get ourselves elected."
- John Danforth (R-Mo)

Yep.
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HUFFPOST SUPER USER
Gary Storch
Democracy is NOT for Sale!
05:11 PM on 10/03/2011
MONEY in Politics= DYSFUNCTIONAL DEMOCRACY!
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HUFFPOST SUPER USER
DocJoseph
A bleeding heart will heal; a cold heart will not
04:32 PM on 10/03/2011
Except for the last paragraph, this article would do well as an introduction, preface or forward to a book about the ultimate failure of the United States.

That would leave the Parliamentary system and the Communist Borg system to vie for the most successful form of government. Representative democracy's fate is looking pretty grim.

I would add another factor to the mix of problems that beleaguer our governance:

$
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HUFFPOST SUPER USER
thirdcloud
02:20 PM on 10/03/2011
My suggestion is that this movement and their protest efforts begin to focus on re-aligning the interest of our elected government with the voting public. Demand a call to action that ends the partisan distractions that are fostered by the media, corporate America and self interests, until the American people are once again represented by their government. End self service politics and restore public service government must become the end goal for the Occupy Wall Street movement.
http://www.chicagonow.com/sheffield-gazette-digital-fish-wrap/2011/10/occupy-wall-streets-new-theme-should-be-election-reform/
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HUFFPOST SUPER USER
Christian Howell
Totalitarian STEM Master...
02:55 PM on 10/03/2011
Unfortunately, I think it's too late. The 90s were horrendous for us. We all seem to have lost the desire to excel. Now most "men" are in t-shirts and ratty jeans wondering why they don't make that much money.
And then the trickle down to women isn't helping. They are at least maintaining some discipline. It of course doesn't help that the "boyfriends" are stuck watching guys in tights and shorts.

Being a nerd has never been so isolated.
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HUFFPOST SUPER USER
thirdcloud
06:25 PM on 10/03/2011
The glass is half full my friend and the fight isn't done until we stop fighting. Much ground has been given to be sure but sometimes people need to feel the pain before they organize and take back what is due.

Our ansestors left their homes and shed blood for the freedoms that have been taken for granted don't roll over on your self.
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HUFFPOST SUPER USER
thirdcloud
02:12 PM on 10/03/2011
The first step in correcting what ails America is campaign finance reform. The only possible way to accomplish this end, as I see it, is by way of a grassroots movement. Politicians aren’t about to cut off their own life lines. We must first change the game rules. This is a movement whose purpose should not have been minimized by Kristof’s New York Times label of "youthful frustration." Bravo to Occupy Wall Street!

http://www.chicagonow.com/sheffield-gazette-digital-fish-wrap/2011/10/occupy-wall-streets-new-theme-should-be-election-reform/
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HUFFPOST SUPER USER
forty8r
Gerrman Freethinker
02:07 PM on 10/03/2011
SImple answer Congress represents the will of the corporations and the .5% of the wealthiest segment of the population. It has ceased to be a representative govenment.
HUFFPOST SUPER USER
Janna03
01:51 PM on 10/03/2011
We need term limits for all elected political officials. The President should have one slightly longer 5 or 6 year term, and that's it. No running for the second term 2 1/2 years into their first term. Why do senators need unlimited terms? One six year term, that's it. If they can't get anything done in six years, they're not going to. Representatives' terms should be increased to four years, and that's it. We don't need career politicians, that's part of the problem. A career in politics in which no particular set of qualifications is needed, is seen as a ticket to contacts and wealth. Limit how long these people can stay in any one office and decrease the benefits they receive to something more in line with what the average American receives.
HUFFPOST SUPER USER
marla singer
I am Jack's micro-bio
05:25 AM on 10/04/2011
F&F! This should be part of the debate at the constitutional convention, along with campaign finance. Myself, I would say a max of 2 4year-apiece terms, in both houses. that way, the longest ANY politician could EVER be in DC is 8 years as a rep, 8 as a senator, and a possiblity of 8 as the pres. And the ability to move directly from office to work as a lobbyist shouls be restricted somehow too, maybe by having a waiting period of some sort. Salaries should be cut to the median income for DC, but with housing (again, at the median rate. No half a million penthouses or estates in Alexandria!) provided. We already provide a Cadillac healthcare and retirement plan. Public service should be just that: for the public good. The fact that you almost HAVE to be a millionaire in order to run for office today is shocking and OBSCENE.
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HUFFPOST SUPER USER
KarenInCheyenne
fractal fan
01:47 PM on 10/03/2011
blah, blah, blah.

"I know you are, but what am I?" "I know you are, but what am I?" "I know you are, but what am I?" "I know you are, but what am I?" "I know you are, but what am I?" "I know you are, but what am I?" "I know you are, but what am I?" "I know you are, but what am I?" "I know you are, but what am I?"

blah, blah, blah.

a total lack of nuance. everything is grey.
01:38 PM on 10/03/2011
Republicans were handed control of the House of Representatives when The Tea Party rode in under the guise of being Libertarians whose mandate was for smaller government and fiscal conservatism. But instead of working towards fixing the economy and proposing job-creation bills as they were elected to do, they've put most of their efforts into legislation for things like defunding Planned Parenthood, ending private insurance funding for abortion, and standing firm on protecting low tax rates for the wealthy "Job Creators".

Could it be that Congress has become a group of corporate shills who are being guided from the shadows to push forward a Right-Wing, Social-Conservative agenda, impose Spending cuts that place all the burden on the middle-class, and protect Tax breaks for the wealthy ?

I don't imagine the growing protests on Wall Street and around the nation are giving people like the Koch Bros. much pause yet, but it will . . . not everyone's as gullible and complacent as they'd like to believe, and the popular chant being heard at the Wall Street demonstrations is ... The People, United, Cannot be Defeated.

These aren't just some disgruntled hippies, these are the unemployed, the homeless, and the people whose future has been stolen from them. They have no option but to protest . . .

TheDailyWitness.com
HUFFPOST SUPER USER
Janna03
02:06 PM on 10/03/2011
I find it interesting that in the midst of all the Wall Street protests, Morgan/Chase made a big cash contribution to the NYPD. The wealthy will pay to maintain order, even if they don't want to pay taxes. I think you are only seeing the first wave of protests that are going to take place in this country as people become more and more frustrated with this economy.