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Dr. Philip Neches

Dr. Philip Neches

Posted: October 21, 2010 05:00 PM

Get Ready for Gridlock

What's Your Reaction:

The prevailing view among pundits and bloggers is that the 112th Congress will have a bare Democratic majority in the Senate and a bare Republican majority in the House when it convenes next January. The phenomenon of a split Congress drives our overseas friends who live in parliamentary systems into cognitive dissonance, along with our domestic chattering classes.

But Americans take a split government in stride. Our Founders deliberately designed a system that does not care if one party has the majority, or if power is split between parties, or even if there are no parties at all. No parties is closer to what the Founders expected than the two-party system that developed a scant 8 years after the Constitution went into force. The business of governing, as the Founders saw it, should be give-and-take, compromise, and short term half-measures. Big changes can be made only if they have sustained support over an extended period of time.

In a split Congress, neither party will be able to significantly advance a strong agenda. What passes the Republican House will die in the Democratic Senate, and vice-versa. Uncontroversial, middle-of-the-road, and/or direly necessary measures will be the only ones that survive the legislative process. Also, they have to be measures acceptable to the president, because the evenly split legislature is very unlikely to be able to over-ride a veto.

Stock market followers like periods of Congressional gridlock. In the short and medium run, the market hates uncertainty. "No man's life, liberty, or property are safe while the legislature is in session," opined New York lawyer and politician Gideon J. Tucker. The quote is often erroneously attributed to Mark Twain. Twain, however, had famously low regard for the integrity and morals of the legislators of his day; he did say, "We have the best government money can buy."

Put into economic language, legislative gridlock means that investors can make calculations of risk that will not be upset, at least for a while, by changes in law. They can act on those calculations with more certainty.

And that means that investors will take more actions. If that pattern holds true, it could be a positive catalyst for the economy. The chattering classes still argue over the effect of tax policy on hiring. I think a far, far bigger factor is what will get the trillions of dollars of cash now sitting on the sidelines back into equity and debt markets. That is essential to get businesses and individuals back to buying stuff they think they will need in the near future. And that is what it will take to cause more than token growth in real economic activity, which is in turn what it will take to give businesses the confidence to hire, regardless of what tax consequences or incentives. In other words, Congressional gridlock could be good for the economy in the short run.

Of course, what works in the short run does not always work the same in the long run. In a Merrill Lynch study of market performance since World War II, the worst returns occurred when Republicans controlled both Congress and the White House. The best returns occurred when Democrats controlled both Congress and the White House. Returns were closer to average when power was split in Washington. While defying common political wisdom, this is historic economic fact.

The pundit and blog world also seems to agree that the 2012 election season will start on Wednesday, November 3, 2010. While I generally view such common wisdom with a boulder-sized grain of salt, I find this one compelling.

The mainstream media, and much of the blogosphere, seems inordinately focused on the open race for the Republican presidential nominee, who will have the difficult, but not impossible task of trying to unseat the incumbent. It's a more fun story for the media, because it plays out more in the open than not. There is no "obvious" nominee-in-waiting, and a juicy, public set-to between the party regulars, who are still chastened by losses in 2006 and 2008, and the insurgents, who despite being dubbed the Tea "Party" are not a unified group with a coherent platform or organizational structure.

But a potentially stronger drama is starting to play out on the Democratic side as the Obama administration and the party begin to plan for both the 112th Congress and the 2012 re-election drive. While less visible, this effort could prove more consequential that what is happening on the GOP side.

The looming gridlock in Congress may mean few large-scale legislative accomplishments, particularly compared to the massive legislative efforts put through the 111th Congress -- an accomplishment more impressive for overcoming the unwavering and vituperative resistance of Republicans. With even less prospect for bi-partisan cooperation in the 112th Congress than the 111th, Obama may find that executive branch-only action may be the only path open to advance anything more than token parts of his agenda.

We could see a substantial increase in recess appointments: Obama could fill out his team that way through the 2012 elections. And the team re-building is already in process: Emmanuel is gone, Summers is going, and Gates will soon finish his two-year "re-up" commitment. Recall that both FDR and Reagan massively revamped their cabinets and working teams after their first mid-term elections, bringing in the people who really created their respective legacies.

Another open question is how much attention Obama will give to rebuilding the Democratic Party apparatus along the lines of his very successful 2008 campaign. He could, like Bill Clinton, focus on getting himself re-elected and not on the party. But then he would, like Clinton, probably have little to show from his second term. Or he could, like FDR and Reagan, focus on the party, focus on building his team for the next six years, and set up further advances to his agenda, not just in his second term, but beyond.

The "beyond" is a key concept here. No president, even the most transformative, accomplished anything like his full agenda during his terms in office. It took until LBJ's Great Society in the late 1960s for the visions of the New Deal to be near-fully realized, 35 years later. It took until the second Bush presidency for the Conservative agenda started under Reagan to be mostly implemented, 28 years later. One could argue that we are still striving to fully realize Lincoln's vision of a truly free and truly united nation.

The mid-terms draw nigh. Cue the curtain for Obama Act II.

 
The prevailing view among pundits and bloggers is that the 112th Congress will have a bare Democratic majority in the Senate and a bare Republican majority in the House when it convenes next January. ...
The prevailing view among pundits and bloggers is that the 112th Congress will have a bare Democratic majority in the Senate and a bare Republican majority in the House when it convenes next January. ...
 
 
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01:53 PM on 10/22/2010
Seems like Congress passes 100% Republican legislation these last two years so how would anyone expect that to change? More Republicans can't mean more Republican legislation (since its 100% already) or less. So no change.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
04:44 PM on 10/22/2010
I understand your frustration, but I think the claim of "100% Republican" legislation is not accurate. Perhaps 60% Democratic and 40% Republican is a better fit. You could interpret the 40% Republican as canceling out 40% of the Democratic, leaving a net 20% Democratic cast to the legislation. That in turn can be interpreted as 80% not what you wanted, or as 80% left to try to get done in the years ahead.

If you believe that Conservative policies over the last 30 years created the problems, then Obama has only had about a year and a half to dig out. That's 5% of the time to get into trouble to get 20% out. Of course, one wants to pick up the pace.

Historically, even our most transformational presidencies did not accomplish anything like their entire agenda during their time in office. FDR's New Deal begun in 1933 really didn't come to full fruition until LBJ's Medicare, Great Society, and civil rights legislation of the late 1960s. That's a full 35 years later. On the other side, the Conservative push begun with the Reagan Presidency didn't reach full flower until G. W. Bush's second term, fully 28 years later.
01:46 PM on 10/22/2010
Gridlock like the one in the late 90s is good for the market. I have a lot riding on this and am very much looking forward to it. I want to retire early and a repeat of the late 90s will do it. The best way to government is to stop doing damages like passing a health care bill and then see premiums go up by 10%+. Stop spending and don't rock the boat and the market will recover itself. We have a good chance to draw in lots of investments into the US market especailly now that Europe and Japan are in such financial mess. Let Paris burn and let us prosper.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
04:31 PM on 10/22/2010
I assume you really want the stock market performance of 1982 to 1997. If you draw the long term trend through the averages of 1998 to 2010, you would find that despite gyrations up to 14,000 and down to 7,000, the Dow Industrials have been stuck at 10,000. If the Dow matched the 100-year average return of 8%, it would be somewhere between 22,000 and 25,000 today.

I think it will take some deep changes in underlying conditions to get back on the 100-year average growth track. Gridlock may do some good in the short run if it gets even a fraction of the money sitting on the sidelines back into the game. But I don't think it's a long term answer. That will take deeper reforms in our economy, in both the private and public sectors.
11:25 AM on 10/23/2010
The market runs on a herd mentality even when it comes to the $2 trillion sitting on the sideline. Investors need to believe that there is going to be no surprises especailly from the government before they will jump back in. For better of worse, that's what gridlock will help to do. It gives clarity to people who will know there will be no government and regulatory risk in addition to the market and business risk they are taking with their investments. But I think if we can get it started, there will be a tsunami of money coming into the US market from around the world because honestly, when you look at what's happening in places like France and Japan where it is almost impossible for their government to balance their budget and reduce their debt and thus gving more confidence to investor that there won't be another structural-type collapse, the US actually look pretty good.
08:09 AM on 10/22/2010
"Get ready" for gridlock? You mean there's something worse than the obstruction to governing that's already taking place?

"Massive accomplishments"? More accomplishments than during the somnolent years of GWB, not nearly enough, and far from "massive" for many of us.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
10:42 AM on 10/22/2010
Yes, it is possible with a split Congress that less legislation, in both quantity and substance, is indeed possible. As you can see from other comments, some people think that could be good.

Put in perspective, Obama's legislative accomplishments in the 111th Congress are extremely large. Put against the size of the problems the nation faces, they are far from adequate. A die-hard Progressive would take the view that it took 40 years of Conservative policy to get us into this hole, so it isn't fair or reasonable to expect 20 months of Obama's first term to get us all the way out.

It reminds me of a billboard that used to grace Boston's "Big Dig": "Rome wasn't built in a day. If it was, we'd have hired their engineers."
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01:55 PM on 10/22/2010
Pah. It's gridlock only when they are considering doing something for the people. When they slyly pass legislation for the rich it passes like a greased pig.
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Carl Caroli
I just don't understand people
08:02 AM on 10/22/2010
Interesting perspective. While Wall St. might like a stalemate, it's the last thing this nation needs, kind of like two navigators fighting at the helm of the titanic as it scrapes along the iceberg, dooming it's fate. Unfortunately Obama's choice of advisers leans heavily towards the establishment, while we need serious course correction.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
10:45 AM on 10/22/2010
Let's see what happens next. Both FDR and Reagan started out with more establishment types in their cabinets and inner circles, but then moved on to people with stronger views and more appetite for change. Their second batch of advisors really helped each of them create the agenda and programs for which they are famous. Obama could move that way. Or he could stick with the establishment. We don't yet know how it will play out.
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01:57 PM on 10/22/2010
It's a pantomime. A fake fight. They will do and have done what they need to do to line their own pockets and screw the rest of us and that won't change no matter which party wins. Look at how TARP passed for an example of the real bipartisanship that usually goes on without generating headlines. Boehner voted with Pelosi over 50% of the time despite the image of a big fight they like to put up.
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PKW57
Independent, free-thinking, clasical liberal.
07:44 AM on 10/22/2010
Gridlock is good.
It means the Government is less likely to do anything to us.
Note the difference between doing things TO us and doing things FOR us.
The government does nothing FOR the American people. They do things TO the people FOR their special interests.

Also, you die-hard progressive Democrats should take note of the fact that "...the worst returns occurred when Republicans controlled both Congress and the White House. The best returns occurred when Democrats controlled both Congress and the White House. Returns were closer to average when power was split in Washington. While defying common political wisdom, this is historic economic fact."
So, which party is it that panders to the big business interests?
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Dr. Philip Neches
Entrepreneur, scientist, history buff
10:54 AM on 10/22/2010
Like all cynicism, I suspect there is some truth here. But there is a more benign explanation, that also may be at work. Consider that upper income Americans are also disproportionately stock owners, so you would think they want whatever produces the best returns for themselves. Republican economic policy seems to me to be more concerned with efficiency; Democratic economic policy is nominally more concerned with income growth for workers and the middle class. One could argue that Democratic policy is better in the sense that if you want a larger slice, the best thing is to bake a bigger pie.
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TN60
I Hope You'll Dance
06:25 AM on 10/22/2010
http://www.nytimes.com/2010/10/22/us/politics/22chamber.html?th&emc=th

This is what Obama will be facing after November. The BIGs of every Industry and Corporations. The direct cause of these billionaire funders of Republicans will expect repeals and laws to favor them and so they are funding their SLAVES of (R) wings.

The Big Insurance will demand repeal of HCR, The Wall St. crowd will demand the roll back of Financial Reforms and the BIGs of OIL/Gas/Coal are betting on no cap and trade, no regulations, and no green economy with green jobs.

All you have to do is look at the lists of who are throwing billions at Republicans, to see whose buying whom. And now, they can demand the secrecy and foreign money to benefit those off shore accounts and overseas loop holes for big business

And, now Murdoch has come out of hiding and there is no more doubt about the right wing propaganda of FOX News. They need that blaring 24/7 cable to obtain their goals, feeding the ignorant.

Obama will be crushed with trash the next two years.
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kenhamlett
07:52 AM on 10/22/2010
As a Democrat, one of my great frustrations with the past two years is that pretty much what you have described in your hypothesis has already happened, but with the Democrats firmly in control of everything. We saw our health care dreams dashed on the rocks of corporate interference and influence which prevailed in both Congress and the White House. We saw reaction to America's greatest ever environmental disaster pushed off on the multinational corporation that caused it in the first place. We saw the military industrial complex continue waging -- and escalating -- foreign wars that did not have public support at home. We saw financial reform passed that reforms almost nothing and protects almost no one (why bother rolling back something so impotent). The list goes on. It is nice to believe that Democrats are good and Republicans are bad -- I've spent my entire life wanting to believe that. But, the experience of the past few years shows that it does not matter that much who is in charge. The only thing that really changes is the name of the "Payee" on the campaign contribution check!
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02:03 PM on 10/22/2010
Indeed this is all clear because of landslide victories for the Democrats which is why the Democrats have done all they can to lose votes recently. A landslide for Democrats is very bad for maintaining the charade of their being two parties. It is always easier to fool people and to encourage the electorate to fight among themselves with a split congress. Since the script says Obama wins in 2012 Democrats need to lose in 2010.

Hence the reason Obama has been insulting his own base loudly recently which is otherwise a simply unheard of insanity so soon before an election.
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08:36 AM on 10/22/2010
And don't forget the GOP demand for permanent repeal of the estate tax and permanent tax cuts for the rich. And the slashing of Social Security. And continued handouts to the military-industrial complex. Remember too there's a whole social agenda on the far right which is not being talked about by the media this time around but which is near and dear to the TPers (end all abortion even when mother's life is threatened, put prayer in schools, fund school choice, don't repeeal DADT, etc., etc.) all of which is going to come out in the next Congress and will keep the base stirred up so it will come out and support whoever the high-$ GOP wire-pullers decide is their best choice vs. Obama for 2012. I am just afraid that Obama will just come back even more accommodationist than ever starting Nov. 3.
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TN60
I Hope You'll Dance
11:17 AM on 10/22/2010
It's good to remind people ken, what the GOP is really like and now Bush raises his ignorant head. Guess that answers the Question "Do you miss me, yet?"

We haven't lost a thing with the tirade from kenhamlett above. Doubt a vote was cast for a Dem from him.

Fanned
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02:04 PM on 10/22/2010
All the economic stuff the Democrats are doing anyway and all the social stuff the Republicans refused to do for their base under Bush so why do you think it would be any different in the future?
06:13 AM on 10/22/2010
If the Democrats lose Congress, Obama should appoint every one of those judges during a recess appointment. Wouldn't that be nice? Republicans want to play hardball, well here you go.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
11:06 AM on 10/22/2010
Faced with a Republican President and Congress between 2000 and 2006, Democrats largely acquiesced to Bush's appointments, stopping only a handful of the most extreme cases. Some call this behavior "wussy"; others think that it pragmatically prevented Bush from making a larger number more ideological recess appointments.

The Republican tactics of the 111th Congress indeed invite the response you suggest. Time will tell if pragmatic and wussy would have served true conservative interests better than ideological and muscular.
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02:06 PM on 10/22/2010
Obama wants the Justice Department stuffed with right wingers. Did you know the number of right wingers has increased under Obama? And he's moved the Supreme court to the right with each of his two picks for the Supreme Court.
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lizt
former Army officer/lifelong liberal/pdx biker
04:32 AM on 10/22/2010
The way to fight gridlock is to get out the vote and defeat the bagger-publicans now.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
11:10 AM on 10/22/2010
That's why I hedged in my introduction. The circumstances I discussed are only a "what if" case: what if the pundits have it right.

The other possibility is that the Obama grass roots get-out-the-vote apparatus that propelled him through the 2008 primaries and into the White House is actually still alive and well and hard at work below the pundits' radar.
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lizt
former Army officer/lifelong liberal/pdx biker
06:27 PM on 10/22/2010
I enjoyed your article. In general I find the pundits are out of touch with the people I talk to. They have talked continuously about an enthusiasm gap which none of the locals seem to feel at all.
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IgnoranceIsStrength
Don't ask me, Google it yourself !
12:37 AM on 10/22/2010
Republicans that I know do not want their party to win these days. They are embarrassed.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
11:12 AM on 10/22/2010
We are watching the Republican party go through redefinition, and the process is far from over. It started with losses in 2006 and 2008. It won't be resolved by the 2010 mid-term elections; it may not be resolved for the 2012 election. We could be watching this go on for many more years.
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kdlaiusa
Even B&B are smarter than the Republicans.
12:31 AM on 10/22/2010
Good, an unlikely Republican Congress can gridlock everything. Then we will blame everything on the GOP, which makes it a sure-fire win for Obama 2012.

Voters' remorse?
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tea-party-2010
Obama 2012: A REDO we can believe in!!
12:51 AM on 10/22/2010
That bird isn't going to fly. Democrats held congress for last two years of Bush's term............did they take any responsibilty? Nope. Don't expect Obama to get a free pass on anything.
02:15 AM on 10/22/2010
We plan to be every bit a cooperative as you all have been.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
11:13 AM on 10/22/2010
Worked like gangbusters for Harry Truman in 1948.
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jeffrey678
You don't happen to make it. You make it happen.
12:30 AM on 10/22/2010
Get Ready For Bipartisanship ! Trade agreements that give our jobs away and Gutting Social Security. Count on it !
02:15 AM on 10/22/2010
Yep. Pretty much.
12:10 AM on 10/22/2010
I think that our system should care if we have majority of one party seating and half a majority not seating and or if we have a party at all. It's important that we have the same number of representatives for both parties in the seat so that they both can work together collectively. Majority on one side than the other then the lighter side can't phillibuster or get none of there opinionins in.
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Dr. Philip Neches
Entrepreneur, scientist, history buff
11:17 AM on 10/22/2010
Until the 111th Congress, it was absolutely normal for votes to not strictly follow party lines. Medicare was enacted with a handful of Republican votes in favor and a handful of Democratic votes opposed. The phenomenon of almost every vote along strict party lines started with the 110th Congress after GOP losses in the 2006 mid-terms, and intensified in the current Congress. It is not what the Founders, or George Washington, had in mind.
11:28 PM on 10/21/2010
don't count a Republican controlled house until the votes are counted. I believe the media has it wrong.
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kdlaiusa
Even B&B are smarter than the Republicans.
12:32 AM on 10/22/2010
MSM's new message will be the "Democratic surge 10 days before the election."
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tea-party-2010
Obama 2012: A REDO we can believe in!!
12:52 AM on 10/22/2010
HAHA, you wish. Thanks for the laugh.
10:17 PM on 10/21/2010
Does all of this happen before or after they start impeachment proceedings?

You're not going to see gridlock, you are going to see the first salvos of the Second American Civil War. Remember for these people Jesus is on their side, Obama is an enemy of America, and it's their country, not ours. We should just bring them lemonade because they are special.

These people try to twist anything into anything, especially on Fox News. For these people winning 30 seats in the house and say 2 Senate seats would indicate a "wave of anti-Obama sentiment" and would likely justify anything. Not getting conservative legislation through? Tyranny, pure and simple. You're infringing on the will of the people. Violence is justified.

When Reps take back the house, or even if they don't take back the house, all you are going to see is them getting more hostile, more beligerent, and in time, more violent. Hell I think them not getting control of the house will bring violence quicker. Then there just won't be enough "people who get it".

This is not going to be just another gridlocked Congress.....it wil be far worse.
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Dan1902
United we bargain,divided we beg!
11:20 PM on 10/21/2010
I hope the doomsday scenario doesn't come to fruition,but I think you could be a prophet!!
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tea-party-2010
Obama 2012: A REDO we can believe in!!
12:53 AM on 10/22/2010
Who is using scare tactics now huh?
08:44 PM on 10/21/2010
The American people are basically uninformed or misinformed. They do not care to critically think, suffer from ADD and instant gratification.

I don't think Obama will run again. A shame- probably the smartest President we've had who has a long term vision for this country. We don't deserve him.

And if he does not run, don't blame the Republicans, blame the left wing who battered him relentlessly as well as the right.

So in effect because an intelligent black man was elected to turn this country around, blocked by the Republicans, hated by the Tea Party, many in this country have become unhinged.

Soon we'll be saying: I pledge allegiance to the corporations who run the country.

And China and Brazil and India continue to invest in green energy, infrastructure, and manufacturing. So where does that leave us?
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Dr. Philip Neches
Entrepreneur, scientist, history buff
09:20 PM on 10/21/2010
I understand your sentiments, but I hope that your are wrong on all counts.

Obama is doing better in the polls than either Reagan or Clinton did at the same stage.
12:15 AM on 10/22/2010
What I've been telling people, Obama has a better than 50-50 chance of reelection and by 2012, a lot of the blame will have shifted to the GOP.

People are voting for the GOP this year because they are not dems, not because people have any faith in the GOP
02:20 AM on 10/22/2010
Your surname is pretty apt. You bots are ridiculous. You just jump from issue to issue saying completely contradictory things with such arrogantly dismissive tones and without any strategy, not realizing how nonsensical you sound. For the last 2 years you all have been WRONG about everything and gone out of your way to say how unimportant Progressives are. Now somehow we are causing the downfall of your savior? Get Real. Your corporate, milquetoast, ineffectual policies are what is causing Obama's downfall along with your arrogant ignorance. You need to be blaming yourselves. We've only been warning you for 2 years this was going to happen. That you didn't want to face reality is your problem.
06:19 AM on 10/22/2010
Well more on what exactly is happening ? Despite your party's insistence on doing nothing. Obama has accomplished more in a year and a half than any other President before him