In America, when gangs of bullies torment school children, pushing them around and extorting their lunch money, parents know only one response effectively counters the abuse: confrontation. Running, whining, negotiating -- none of that works.
For the past year, since Republicans took the majority in the U.S. House of Representatives, they've behaved like young thugs, extorting Democrats to get what they wanted. Employing the blackmail techniques of schoolyard gangs, House Republicans repeatedly threatened to hurt the American people and the American government if Democrats didn't submit.
Then President Obama confronted them. In recent weeks, he finally internalized and implemented the advice of American parents on dealing with bullies. He stood his ground. He called the GOP bluff on the payroll tax. And they backed down. He recess appointed four officials, defying GOP attempts to thwart service to American workers and borrowers.
Apparently, it's a new day in Washington, one in which Democrats, who control the presidency and the majority in the U.S. Senate, are fed up and not going to take GOP extortion anymore.
For a year, Republicans leveraged their demands with blackmail. If Democrats didn't accept draconian and economic recovery-starving budget cuts, Republicans would shut down the government. If Democrats didn't agree to slash the budget by exactly the amount Republicans required, the GOP would destroy the country's credit rating.
In December, House Republicans overplayed. Initially, they'd opposed President Obama's proposed extension of the payroll tax break that puts about $1,000 a year back into the pockets of working Americans. Just before the holidays, they changed their minds and said they'd accept a one-year extension, if it were offset by cuts in the federal budget. A dispute ensured between Democrats and Republicans about what to cut. As time ran out before the scheduled holiday break, the Senate compromised and passed a two-month extension, with the remaining 10 months to be settled later. The approval was overwhelming, 89 to 10. The Senators went home.
That bi-partisan action in the Senate left House Republicans with the choice of approving a two-month extension of a tax break they claimed to support or rejecting it, which would increase payroll taxes for 160 million workers.
For days, House Republicans refused to accept the Senate measure, threatening workers with a tax increase. The House Republicans claimed they wanted a one-year extension, but what they really wanted was a one-year extension paid for by cuts they chose without Democratic input. They demanded Senators return to Washington and vote on cuts to support a one-year deal. Or they'd increase taxes.
The Senate refused. Obama refused. They confronted the bullies.
And the bullies blinked. The House passed the two-month extension.
Before they left town, however, the House Republican majority refused to allow the Senate to recess for more than three days. The Constitution permits each chamber to deny the other the ability to adjourn for more than 72 hours. The result is charade sessions in which a lawmaker, every three days, smacks down a gavel, declares the chamber open for business, recites the Pledge of Allegiance, then strikes the gavel again to close and leaves.
No lawmaker actually works for the people during these "sessions." But the political dance allows a chamber to claim it's not recessed. And that's supposed to stave off recess appointments by the President.
In this case, Republicans intended to block recess appointments to the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau. By New Year's, NLRB membership had dwindled to two, denying the organization the quorum that this group, whose function is to protect workers' rights, must have to make decisions.
The Consumer Financial Protection Bureau, by law, could not fulfill all of its duties to protect borrowers from fraudulent lending practices until it had a director. Using blackmail again, Republicans said they would filibuster the appointment of any proposed director, no matter how qualified, until they got what they wanted - which was measures to weaken the Dodd-Frank Wall Street Reform and Consumer Protection Act, legislation designed to prevent another Wall Street collapse.
Republicans created what appeared to be a foolproof scam to cripple implementation of the law. The legislation wouldn't be fully effective without a Consumer Financial Protection Bureau director and Republicans refused to approve a director unless Democrats agreed to dilute the law. In addition, the GOP would block recess appointments by never officially recessing.
Obama rebuffed this abuse. He called a legislative session that opens for three minutes every 72 hours while 99 Senators are vacationing what it is - recessed. And he made the appointments. He explained:
"When Congress refuses to act and, as a result, hurts our economy and puts people at risk, I have an obligation as President to do what I can without them. I have an obligation to act on behalf of the American people. I will not stand by while a minority in the Senate puts party ideology ahead of the people they were elected to serve. Not when so much is at stake. Not at this make-or-break moment for the middle class."
Follow Leo W. Gerard on Twitter: www.twitter.com/uswblogger
Stand up for us. We elected you to stand up for us.
Quit trying to be bi-partisan. It is impossible to work with these gopteapartyfascists.
“This is part of the whole theory of George Bush that he can make laws as he is going along. I disagree with that. I taught the Constitution for 10 years. I believe in the Constitution and I will obey the Constitution of the United States. We are not going to use signing statements as a way of doing and end run around Congress.” Candidate Barack Obama, 2008
In these trying times it is great comfort to know there is a Constitutional scholar and a gentleman of integrity serving us in the highest office in the land.
--a president who keeps promises made when he didn't yet know the opposition party was actually opposed to doing what's best for the nation,
--or a president who keeps his oath to serve the nation, the people, and the Constitution by doing what the nation needs, the people, demand, and the Constitution does not prohibit?
It also shows an inability to legislate.
Obama has now adopted a theory of executive power so expansive that a reporter at a recent press conference understandably asked whether the president believes we have a virtual monarchy, a president of unlimited powers subject only to periodic elections but not to the rule of law.
Enough is enough!!! We will recess the next 100 nominees they have been sitting on for 3 years,pro forma my a**s.
Gitmo still open.
Mystery prisoners at Kabul airport
Didn't your momma tell ya? Two wrongs don;t make a right.
Bush used recess appointments to go around the Senate's Constitutional advise and consent role so Dems used the pro-forma session to stop it. Now, the Repubs are abusing the filibuster rule to prevent the Presidents Constitutional role in making appointments. The difference is in how/why the tool (pro-forma session) is used. Using the same tool does not make the intent of the users equal.
The GOP Congress violated the President's Constitutionally-assigned role, so IN ORDER TO DO THE JOB HE HAS BEEN GIVEN, he was required to sidestep them.
Is THAT simple enough for you?
apparently the facts mean little when one is on a partisan rant........
Fanned and faved
picked up support from the other's, independents and some republicans. Their last attempt to
extract more was a bone headed move. The 160 million who's taxes would have gone up, certainly
included republicans and given the choice between supporting a Democratic President who is
trying to keep your taxes low OR ideology driven cons who would threaten to increase them,
caused them to blink first.
Wish I could fan you again, faved
Senate overplayed their hand, constitutionally, by stating that they had no real objections to the individuals who had been nominated....but that they were essentially trying to nullify the implementation of LAWS that they didn't like.
Which caught them over a constitutional barrel.
If they try to argue in court that the President exceeded his authority in recessess appointing people over a Congress in pro forma session....then the White House can argue that the Senate exceeded its constitutional authority by seeking to nullify the rightful laws of the land.
Instant constitutional crisis....which brings a WHOLE HOST of Congressional rules and shenanigans under the scrutiny of the Hight Court.
Procedural holds should be made public, with good reason and a time limit. The majority and minority leaders would be allowed only one attempt per candidate with good reason (and a time limit), to review an appointment.
I am not sure, but I believe most of these suggestions already exist, but weather they do or not, the procedures need to be reformed, encoded, and enforced! In this day and age of high speed communications and daily changes on a global scale, we need a fast, flexible and effective form of government.
That is, Obama finally found his long lost ball bag. After caving in the debt ceiling, he and his handlers may have finally realized he had nothing left to lose -- other than the remaining progressives in his political base. So for the first time, he did not blink. And he won.
The big question is HAS HE LEARNED ANYTHING? Will he continue to stand up to the bullies and not blink? Or will he go back to handing over his lunch money (and ours) as he did for much of 2010-11. We shall see, because he's going to have to fight the same payroll tax battle again.