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Robert Kuttner

Robert Kuttner

Posted: February 14, 2010 10:23 PM

Progressive Hardball

What's Your Reaction:

If Democrats can start sounding like Democrats again, they'll have a better shot at holding onto their majority in Congress next November. And if they do keep their majority, they should do two things to turn themselves into a legislative party that can actually do the people's business.

First, scrap the filibuster rule. It isn't written into the Constitution, and in its modern form it only dates to 1975, when the Senate changed the rules to permit a single senator to require a supermajority of 60 votes on a given measure simply by threatening to hold the floor indefinitely, even if the senator couldn't be bothered to show up.

Before that rule change, you actually had to keep talking and tie up the Senate in order to filibuster. Today, you need only to declare your intent to filibuster, and any measure can be made to require 60 votes. As a consequence, the number of filibustered bills every session has risen from around 7 before 1975 to about 100.

And second, dump committee chairmen who are laws unto themselves. One good candidate would be Max Baucus, who just did it again, with a pitiful bipartisan $85 billion "jobs" bill, which is mainly a tax cut bill that will produce scarcely any new jobs. Its proposed $15 billion payroll tax holiday for newly created positions would create precious few new jobs because the incentive is too small. Employers would mainly get a tax break for jobs they planned to fill anyway.

Baucus had asserted his prerogative that the Senate Finance Committee should take the lead in the Senate's response to the House, which narrowly passed a $154 billion jobs bill in December. But so feeble was Baucus's handiwork that last week Senate Democratic Leader Harry Reid refused to accept most of it, and turned the project of fashioning an actual jobs bill (as opposed to tax cuts) back to senators Dick Durban and Byron Dorgan.

In the next Congress, unless the Democrats lose their majority, somebody other than Baucus should chair the Finance Committee. And what's in store at the Banking Committee if the usual seniority rules apply is even worse.

There, Banking Committee Chair Chris Dodd is retiring. There is a lot to criticize in Dodd's leadership -- in fashioning a financial reform package, he goes back and forth between sounding like a Democrat and trying to work out a bipartisan reform bill with the committee's ranking Republican, Dick Shelby of Alabama, a fool's errand if ever there was one. But Dodd is Franklin Roosevelt compared to his likely successor, Tim Johnson of South Dakota.

Johnson is often known as the senator from Citigroup. That's because his state, back in the late 1970s, relaxed its usury laws in order to attract back-office jobs from large banks, starting with Citi. It was a sweetheart deal made by a Republican governor. Citigroup is now the fourth largest employer in South Dakota, with some 3,200 mostly clerical jobs.

In the Marquette decision of 1978, the Supreme Court held that state anti-usury laws cannot be enforced against banks based in other states. So a bank can sell and service credit cards nationwide, relying on the laws of the state in which it is incorporated and violating the consumer laws of the states where the cardholder resides. South Dakota became to credit card companies what Delaware was to corporations generally. It led the race to the bottom, making sure that it remained the nation's worst when it comes to protecting consumers.

Johnson, in toadying to Citi and other banks, has outdone even the usual South Dakota standard. When Congress passed the rare bipartisan bill to crack down on credit card abuses last May, Johnson was one of just five senators, and the only Democrat, to vote against it. He was also one of 12 Senate Democrats to oppose giving bankruptcy judges the authority to modify the terms of mortgages threatened with foreclosure. He is flatly opposed to even the somewhat weakened Consumer Financial Protection Act which passed the house. If he becomes Banking Committee chairman, forget any serious version of financial reform.

For more detail on Johnson's long record of defending payday lenders, credit card usurers, and rapacious bankers, see Ryan Grim's definitive post from January 2009.

Unlike the more delicate case of Baucus, the Senate Democrats don't need to dump Tim Johnson because he's not chairman yet. The just need to make sure someone else gets the job next January.

But isn't this a little utopian? Not at all. Back in 1975, I was once involved in a similar progressive coup. In those years, racist southern Democratic committee chairmen still dominated House committees. The incoming "Watergate" class of Democrats was committed to small-D democratic process reforms. As part of the coup, I was hired to write a report co-sponsored by Common Cause and Public Citizen scoring how committee chairmen voted on major legislation -- how often they voted against the Democratic majority position. We worked closely with the legendary Dick Conlon, then the director of the Democratic Study Group, which functioned as the progressive caucus in the House in those years.

That year, the Democrats changed the rules to provide that committee chairs should be named by a majority vote of the House Democratic caucus. Armed with the study's results, they promptly dethroned and replaced three of the leading faithless House committee chairs. If the House can elect committee chairs by majority vote, so can the Senate.

House Blue Dogs and pro-Wall Street "New Democrats" in the House, as well as individual turncoats in the Senate like Joe Lieberman, Ben Nelson, Max Baucus, and Tim Johnson, have demonstrated that they can play hardball. Progressive Democrats are actually a majority of the Democratic caucus in both houses. It's time they played a little hardball, too.

Robert Kuttner's forthcoming book on the Obama Administration is A Presidency in Peril (Chelsea Green publishers, March 2010). He is founding co-editor of The American Prospect, and a senior fellow at Demos.

 
 
 
 
 
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HUFFPOST SUPER USER
stevendedalus3
12:39 PM on 02/27/2010
Indeed 3,000 jobs would have immense impact on a sparsely populated state whereas a drop in a bcuket in coastal states. We are under seige--tyranny of the minority--by some of these southern and midwestern chairmen and ranking members.
09:43 PM on 02/16/2010
Progressives playing hardball? That is like a jelly fish saying he will get a backbone.

Progressives gave up their spine when they ran away from being call liberals.

signed - a liberal, not progressive, democrat
05:57 PM on 02/16/2010
Too bad we didn't have that goofy super majority rule for Presidential Elections, Bush would have never been president. Aah, such things dreams are made of.
12:27 PM on 02/16/2010
Just seems to me that the Republicans can rejoice in that the Progressives are really Republicans, in their hampering of legislation and cloaked by virtue of the seating arrangements. They may assure that work doesn't get done but they are a shoo-in next election. Will get all the votes of Dems who blindly vote party line and Republicans who know they have a mole on that side of the aisle.

Read me at: http://TheHarvView.blogspot.com
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HUFFPOST SUPER USER
billw8017
History looks like this
02:48 PM on 02/16/2010
So, we might say that the evil are the most convincing proponents of the good, enjoying both their good reputation and the advantages of being unprincipled.

In reality, people are naturally good, just not necessarily good (Mencius) and go from day to day without the tether of an automatic morality.
04:11 PM on 02/16/2010
I think we might not say this. That people are naturally good is not assumed because it was stated by Menicus. But this is not really at issue is it? What is, would be the rather cynical analysis of HarvView that those who oppose legislation may on ocassion be, either wittingly or not, assisting those who they perceive to be opponents.

Seems to me this might happen often, whether the consequences are intended or coincidental, and effected by someone who is naturally good, or necessarily good.
12:19 PM on 02/16/2010
"If Democrats can start sounding like Democrats again, they'll have a better shot at holding onto their majority in Congress next November."

Agreed!

The only way that this will work is if progressive Democrats keep reminding people over-and-over that they constitute the heart and soul of the PEOPLE's party, doing the PEOPLE's work -- and then ACT exactly that way. This means saying "NO" to corporate lobbyists any time those corporations' interests conflict with the PEOPLE's interests, which will mean more than half the time. No more shady deals. Just straight talk and bold action. It means calling-out GOP and DLC hypocrites every single time they PRETEND to do the people's work but are actually helping-out their rich friends, and AVOIDING being hypocritical themselves. They must be squeaky-clean. EMBARRASSINGLY clean ALL the time.

Doctor Julia may be right about the Senate having outlived its usefulness. Senators too often have stood in the way of progress. Nothing new, but it's worse now than I've ever seen it.

Some Senate rule changes would fix some of that. The Senate has a slightly progressive majority, but it keeps being blocked by Pachyderms and GOP Lite Democrats. It's time to stop letting the minority call the shots.
02:37 PM on 02/16/2010
Democrats sound like Democrats when they are running for office. So, the question is can they perform as Democrats once they've been elected? I'm not voting for people who are presently in office because they knew what to say to get elected. I think the voters in Massachusetts did the right thing.
10:51 AM on 02/16/2010
There's no need to scrap the filibuster rule. I suggest they actually make those who want to filibuster talk until they drop. Then you'll see who's saying, "No!"
HUFFPOST SUPER USER
doctorJulia
Retired NASA engineer
10:07 AM on 02/16/2010
I think it is time for the United States to get rid of the Senate altogether. It serves no purpose other than to kill legislation. I also think that this fixed term of two years for congress is stupid. The government should be allowed to fall and call new elections at any time. This is the case in almost all other countries. The US government is the least democratic of all the democracies. There are so many checks and balances that nothing can be accomplished. Start over! When the Soviet Union fell and the Soviet empire crumbled, the newly emerging democracies all chose the parliamentary system. If the US system is so damn wonderful, why doesn't everybody do it?
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Hemihead
10:23 AM on 02/16/2010
Yeah, that damn constitution gets in the way of progressivism every time.

And thank God it does.
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HUFFPOST SUPER USER
bosse
11:13 AM on 02/16/2010
I agree Julia. There are civilsed nations that have functions nicely without a Senate. Here we have a most undemocratic " DEMOCRACY" where 41 selfish people can trump 59 others and a popularly elected President. Talking about the constitution, people some here think it is written on lead or a rock, Those who designed it lived in 1776, and if alive will change it according to 21 century norms. It did not recognize women as humans nor the Blacks, who were majority in some States!
Then there are Senators who are too timid to explain their stand on affairs, but just resign,afraid to face re election. Re elections were guaranteed one time, when just money alone , did it. But now with the internet and Loud radios, it has become a problem for Senators like Dodd and Bayh. Bayh who wanted to be President I thought had a conscius like his dad, and was more intelligent

I think a bit of color blindness among some of these congressmen will go a long way.
Yes we need a real Democracy, where more people vote, intelligently and not just on their one favorite issue.
Can you believe in this nation often refereed by some talking heads as the greatest DEMOCRACY
many elections are won by a mere 15 or 20 % of the eligible voters!
And such elected Congressmen stop a President and the real majority from doing any good for the average citizen!
HUFFPOST SUPER USER
Hemihead
10:04 AM on 02/16/2010
Sorry but Progressive "Tax the Rich" policies have been historically proven to be mathematically impossible to sustain. 10% of the people will never be able to sustain the other 90%.

Spain and Greece both have large entitlement programs which now are threatening the collapse of their economies which can no longer support their debt. Progressive programs such as Social Security and Medicare here in the United States are going bankrupt. Workers unions, which are progressive organizations, can no longer get enough money from the companies that employ them to pay their benefits without driving those companies into bankruptcy.

Progressive states, such as California, New York, New Jersey, Michigan, etc. can no longer financially sustain the massive benefits that they pay their state workers. In New Jersey for instance, the average state worker pays $124,000 into his retirement plan over his working years, and collects 3.8 million in benefits after he retires; all payed for by the taxpayer.

Free market capitalism, (not 'crony capitalism, where government is in bed with corporations,) has always provided the highest standard of living for the vast majority of our citizens, despite occasional market ups and downs. Tax wealth and you get less wealth; subsidize poverty and you get more poverty. That is the simple truth, although it hard for those that believe in huge entitlement programs and think they are entitled to 'other peoples' money to accept.
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HUFFPOST SUPER USER
gabemill
12:31 PM on 02/16/2010
Supply side, trickle down, deregulation, and the fallacy of market correctness have been thoroughly refuted to the satisfaction of most. Yet, the true believers will not be convinced...regardless of the overwhelming evidence that suggests otherwise.

http://www.dailykos.com/story/2006/12/13/72111/695

As to Spain and Greece, please see Economist Paul Krugman's take on the real problems that created the current situation.

http://www.nytimes.com/2010/02/15/opinion/15krugman.html?partner=rssnyt&emc=rss
schatsie
Wall Street is Worse than Vegas
09:41 AM on 02/16/2010
E!xcellent post, thank you so much for sharing this information
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HUFFPOST SUPER USER
letgo-hate
02:12 AM on 02/16/2010
The progressive dems are really just acting like it (progressive) to keep their jobs as they know they would not be reelected if they didn't. The corporations have them bought too.
No one is ever going to stand up for "the people" truely because they will be squashed in seconds (by big money).
This was the dems big open door and what did they do, NOTHING.
They did NOTHING because that is what they wanted to do.
NOTHING is safest.
Why do we put all this hope into these people.
It is simply a waste of time.
No one cares if the earth is destroyed, as long as it doesn't happen in the next 50 years.
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HUFFPOST SUPER USER
billw8017
History looks like this
02:40 AM on 02/16/2010
If somebody is merely acting like a progressive, there is hardly anything more we could ask for. There is no reason to prefer a progressive who doesn't act like it.

So, say we merely give them points for drama? A good actor is still a good actor.

If you want to call the Republicans mere "enablers," they have to share blame.
09:47 AM on 02/16/2010
People its all an act ! They made sure we were so busy fighting each other ,Dems against Republicans so that we wouldn't see what they were up to . They wanted us to become so paranoid about the opposite party of the one that we support that we wouldn't listen to a thing someone said who was not in our party and to an extent they succeeded . Its as simple as that .But if we wise up we are still more powerful than they are and can turn this around . Stop affiliating with either party and seek to find out the truth !
09:37 AM on 02/16/2010
I agree in part with what you said but it won't take 50 years to destroy the earth that will happen a heck of a lot sooner than most people think and these people aren't worried because they are prepared and have bunkers already built for them and the richest people around the world .
Only us people who they deem expendable will either die or suffer greatly trying to survive .
Sounds far fetched to you ? That is exactly what the Bilderburg group is counting on .They figure most people would never believe the horrible truth of what they plan to do to cut down the world population by the ellimination of 500,000,000 people . Guess what they are right ,most people think anyone who believes these things is crazy .The truth is out there to see for yourself yet I know people will still deny it .
Ask yourself why since the Bush administration our government is doing some pretty terrible things right in front of our faces and don't seem to care what the citizens of this country think ? Could it be because they know that soon we will not matter at all ? They robbed us openly and gave our hard earned tax money to the richest people on Wall Street .They have the knowledge that most of us are not privy to ,they are prepared but we are not . But we should be !
01:37 AM on 02/16/2010
A conservative democrat is just as bad as a republican ! They will both stand in the way of or vote against legislation which is good for the country while safeguarding their precious special interests who dicatate their actions. This is somewhat, the epitome of corruption ! If you want to change this it might be a good idea not just to "throw the bumbs out" come election time; but toss out all the garbage. Not just replace a democrat with a republican ad infinitum. But rather go for a real progress change agent ! To counterbalance conservativism you have to go as far left as you can get. Otherwise you are just replacing one good for nothing bumb with an equally good for nothing ineffective bumb ! This is such a conservative country that people are willing to suffer the worst corruption, for the longest period of time and call it democracy and free market capitalism ; instead of bringing real change. Even the unions start getting nervous when you start talking about American Socialism or the dreaded "communist party" : I don't even know if those exist any longer: but I do know : Our politics could use a good dose of them right now !
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HUFFPOST SUPER USER
billw8017
History looks like this
02:22 AM on 02/16/2010
In this Congress, we see how a conservative Democrat is superior to any Republican. They can talk with progressives without lying through their teeth to put them down, and they are subject to some party discipline. Their chairmanships are important to them. Republicans win when they depress national conditions and, thereby, embarrass ruling Democrats. Democrats, even the most conservative, lose when Republicans win.

Countries like Greece, Iraq, and Afghanistan are the epitome of corruption. It is one thing when major interests dominate elective politicians. When every bureaucrat must be bribed to do their job, the job becomes secondary to the bribe. Aside from the occasional embezzlement to be expected among clerks or the padding of the expense account that may even be legal, our bureaucrats are particularly honest people and most of them are even courteous.

To indiscriminately "throw all the bums out," eliminates some expertise and independence among our elective officials. Career politicians are replaced by people to whom "public service" is merely part of a resume for an career in business, a resume submitted when they first decide to run.
03:47 AM on 02/16/2010
They may be 'superior ' in congress but they haven't proven to be much different to the rest of us. In fact judging by results they are identical. When Republicans win 'we the people' loose but when conservative democrats win ........quess what? ..... we also loose ! Is it supposed to feel different in some way if we loose and it's due to a Republican or Conservative Democrat ? What I'm getting at is the dissolate quagmire we have emersed ourselves in by electing the same people but just calling them by different names. You get no more traction from a Con Dem as you do from a Repub. A conservative is a conservative and the term is begining to acquire the same meaning as 'staus quo ' ! Aside from Greece the countries you site don't pretend to be above corruption : If we in America are the cutting edge of Democracy as we claim we are also the most corrupt in terms of it's implementation or lack thereof. If you don't think campaign finance the way it stands isn't bribery or that lobbyist don't bribe : I don't know what to tell you ! They all aspire to career politics and they all appear to favor business over the interests of the people. Almost all come from the monied elite. I would suggest very discriminating judgements in this case. I don't think we'll loose any talent because they don't DO anything to prove they have any !
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01:23 AM on 02/16/2010
bottom line is taxes. Raise taxes on the rich, the very rich. Healthcare. We want the same healthcare that congress and the senate have, which we pay for. Simple. Just do it.
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billw8017
History looks like this
02:32 AM on 02/16/2010
Right!

Fees for services or a tax like Social Security that amounts to the premium on a really good deal with our own insurance company are good things that we mostly accept.

Otherwise, taxing the wealthy is the right idea. The point is that when you tax the poor, it becomes necessary to pay the poor more. If we taxed children, for example, parents would have to raise their allowances. This would be a tax on parents for their children. Somewhat the same thing happens when investors, owners and bosses are taxed.

The difference is that a lawyer and a staff can be assigned to each multi million dollar earner and the tax -- actually being spread among those who earn on the wealthy persons behalf -- can manage a certain justice. As opposed to assigning bullies to every school hallway to mug all the kids for their lunch money, there are also huge economies of scale.

Finally, the mass of Americans should be better paid. As it stands they are unable to do their duty as consumers in a sustainable way.
12:24 AM on 02/16/2010
If the current Republicans in Congress were presented for psychiatric assessment, they would be diagnosed en masse as ODD or Oppositional Defiant Disorder. Oppositional defiant disorder is described by the Diagnostic and Statistical Manual of Mental Disorders as an ongoing pattern of disobedient, hostile and defiant behavior toward authority figures which goes beyond the bounds of normal childhood behavior. People who have it may appear very stubborn.
The party of NO must go. Their repeated and obvious hypocrisies should be repeatedly and obviously esposed.
They are now chickening out of the bipartisan health conference they repeatedly called for. They're afraid of having their hypocrisy exposed by the cameras they were previously demanding to cover the process.
President Obama has been appeasing to a fault, but he must not let them undermine the democratic process in flagrante.
Enough is enough! People are suffering with loss of jobs, lack of healthcare, and gouging by financial institutions. Nothing significant has been done to remedy any of these problems to date. Dare we hope for any change? Not if the ODD dysloyal opposition party has anything to say about it. Their sole response is, "NO!"
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ibsteve2u
Someone who cares - to his unending regret
12:23 AM on 02/16/2010
The problem with letting "Democrats" from states with relatively low populations run committees is that they can take care of their "financing" constituents (whatever state they're from) by shafting the many in America and then with one or two relatively small earmarks take care of their state's "voting" constituents.

So expecting them to STAY Democrat once they are in office is a risk, at best - and putting them in charge of a committee is playing with fire.
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11:07 PM on 02/15/2010
It's not just the Blue Dogs who are the problem.
Citigroup? Who did big favors for Citi?
http://www.rollingstone.com/politics/story/31234647/obama_big_sellout/1

Leadership comes from the top. There isn't any--Blue Dogs or no Blue Dogs.
12:11 AM on 02/16/2010
You have that maybe righter than you know Chelsea. The Democratic party is the Republican and vicee versee. 'Amercican Exceptionalism', ignorance, corrupt to the core, they all gave a standing ovation on Liebermans odious return (behind closed doors and late, lots of transparency, huh?) after Mr. Change went to such efforts to spit in the faces of the poor dumb saps that had the idea that the party gave a rats @ss who they wanted to represent them.
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billw8017
History looks like this
03:04 AM on 02/16/2010
Matt Taibbi is a name to remember, and Rolling Stone, despite its reputation as a sheet about entertainment, has some of the best political writing around.

Robert Kuttner is no slouch either, and his magazine, The American Prospect, really works hard to offer solutions and alternatives.