First, we can't fix it. The question I'm raising is, can we reduce the amount of extreme, unjustified obstructionism?
First, let's note that not all obstructionism is 'wrong'. Every time one group blocks the actions of another it could be called 'obstructionism', and that's not what I'm referring to.
I'm referring to the more extreme amounts - when there isn't any reasonable policy basis for blocking, and it's more 'blocking for its own sake' - simply to deny the other side a victory. As an example, Scott Brown wants to run for Senate in New Hampshire. His opponent incumbent had a bill that was widely agreed to be a good idea that was going to pass. Simply because he wanted to deny her a victory to run on in the campaign, he asked Republican leadership to block the bill, and they did.
There isn't a lot to argue against the case that we're currently at an all-time high in obstructionism in American politics right now.
Let me take just one example of it for review. Our laws have a national labor relations board which is tasked with enforcing the federal worker protection laws. Under the law all kinds of things are illegal for employers to do to a worker, from not paying wages to harassment, but as a practical matter those laws don't exist until they are enforced. It'd be like a city with no police force, but just unenforced laws on the books against theft, without the board.
And the way the system is set up for limited length terms for members, the board requires appointing new members periodically - and a minimum of three of the five board spots to take actions, IIRC. As board members left the board, Republicans got the idea to simply not approve any replacements, and the board became unable to function. This meant that all worker cases across the country suddenly lost their protections - any case that was appealed and needed the board to rule, could not be enforced.
For most people, people who support the rule of law, workers and Democrats, that was a problem. For most Republicans, apparently, it was a victory to deny workers protections.
And that's where it sat, in a stall, until President Obama decided to do what Presidents have long done over disputes with Congressional approval of appointments - to use the recess appointment power of the constitution to fill the positions, just as, for example, President Truman did to appoint the first black federal judge to get around the blocking by southern racist Senators.
The recess power allows the president to make temporary appointments - often about 1 to 2 years - while the Senate is in recess. In an attempt to block the President from doing this, now the Senate says it doesn't go on recess - every three days they have someone bang the gavel for a short 'session' where nothing else is done to say 'see, we're not in recess'.
This issue went to the Supreme Court, who ruled yesterday that the recess power cannot be used in this situation - so, nearly not at all. That may be a perfectly correct enforcement of the constitution, but it leaves the problem wide open of how to get around excessive obstructionism.
In simple democratic dogma, the solution is, 'if the people don't like the obstructionism, they can vote them out'. But as a practical matter that doesn't work at all, for all kinds of reasons of how little people follow the issues like Senate appointment blocking, to how there are more issues to vote on, to how monied interests can pay for campaigns that obscure the issue from voters. And as much as some voters will say they're happy to see the President they don't like simply blocked for no reason but spite, that's not good policy.
A totally dysfunctional National Labor Relations Board is a serious problem for American workers, but it's just an example. The basic issue is that the 'advise and consent' power given to the Senate was intended to be used to block bad appointees for good reason, not to deny any appointee as a way to get around the laws that an agency they exist they don't like, or simply to cause pain to the country in the expectation the President will get blamed.
It's hard when setting up a system to say 'you can use this power to block actually bad appointees, but not good appointees for political reasons'.
So, can anyone suggest a way to improve the situation, or is radical obstructionism just here to stay?
One note - specifically on the issue of appointees, the Republicans were using one more tactic of filibustering nearly all appointees, requiring 60 votes to approve instead of 50, allowing them to block huge numbers of appointees. That one tactic was mostly removed when Harry Reid, after years of threats, finally changed the rules to not allow the filibuster on nominations, and many appointees have been approved since then.
But obstructionism such as filibuster abuse for laws is still in place (which it by far at an all-time high, with several hundred filibusters).
Shutting down the government by refusing to approve the debt ceiling increase was just another form of obstructionism - but one which has bitten Republicans politically each time they went to that length, despite their attempts to reduce the political damage by trying to pass narrow spending bills to fund whatever area is getting them political punishment.
But even if they don't go to that length, there is still a huge amount of obstructionism. This has resulted in such extreme blocking as not funding for a period the renewal of the treaty which allows the US to collect nuclear weapons materials around the world to keep them out of the hands of terrorists. I did not see any impact on elections as a result of that blocking.
First, let's note that not all obstructionism is 'wrong'. Every time one group blocks the actions of another it could be called 'obstructionism', and that's not what I'm referring to.
I'm referring to the more extreme amounts - when there isn't any reasonable policy basis for blocking, and it's more 'blocking for its own sake' - simply to deny the other side a victory. As an example, Scott Brown wants to run for Senate in New Hampshire. His opponent incumbent had a bill that was widely agreed to be a good idea that was going to pass. Simply because he wanted to deny her a victory to run on in the campaign, he asked Republican leadership to block the bill, and they did.
There isn't a lot to argue against the case that we're currently at an all-time high in obstructionism in American politics right now.
Let me take just one example of it for review. Our laws have a national labor relations board which is tasked with enforcing the federal worker protection laws. Under the law all kinds of things are illegal for employers to do to a worker, from not paying wages to harassment, but as a practical matter those laws don't exist until they are enforced. It'd be like a city with no police force, but just unenforced laws on the books against theft, without the board.
And the way the system is set up for limited length terms for members, the board requires appointing new members periodically - and a minimum of three of the five board spots to take actions, IIRC. As board members left the board, Republicans got the idea to simply not approve any replacements, and the board became unable to function. This meant that all worker cases across the country suddenly lost their protections - any case that was appealed and needed the board to rule, could not be enforced.
For most people, people who support the rule of law, workers and Democrats, that was a problem. For most Republicans, apparently, it was a victory to deny workers protections.
And that's where it sat, in a stall, until President Obama decided to do what Presidents have long done over disputes with Congressional approval of appointments - to use the recess appointment power of the constitution to fill the positions, just as, for example, President Truman did to appoint the first black federal judge to get around the blocking by southern racist Senators.
The recess power allows the president to make temporary appointments - often about 1 to 2 years - while the Senate is in recess. In an attempt to block the President from doing this, now the Senate says it doesn't go on recess - every three days they have someone bang the gavel for a short 'session' where nothing else is done to say 'see, we're not in recess'.
This issue went to the Supreme Court, who ruled yesterday that the recess power cannot be used in this situation - so, nearly not at all. That may be a perfectly correct enforcement of the constitution, but it leaves the problem wide open of how to get around excessive obstructionism.
In simple democratic dogma, the solution is, 'if the people don't like the obstructionism, they can vote them out'. But as a practical matter that doesn't work at all, for all kinds of reasons of how little people follow the issues like Senate appointment blocking, to how there are more issues to vote on, to how monied interests can pay for campaigns that obscure the issue from voters. And as much as some voters will say they're happy to see the President they don't like simply blocked for no reason but spite, that's not good policy.
A totally dysfunctional National Labor Relations Board is a serious problem for American workers, but it's just an example. The basic issue is that the 'advise and consent' power given to the Senate was intended to be used to block bad appointees for good reason, not to deny any appointee as a way to get around the laws that an agency they exist they don't like, or simply to cause pain to the country in the expectation the President will get blamed.
It's hard when setting up a system to say 'you can use this power to block actually bad appointees, but not good appointees for political reasons'.
So, can anyone suggest a way to improve the situation, or is radical obstructionism just here to stay?
One note - specifically on the issue of appointees, the Republicans were using one more tactic of filibustering nearly all appointees, requiring 60 votes to approve instead of 50, allowing them to block huge numbers of appointees. That one tactic was mostly removed when Harry Reid, after years of threats, finally changed the rules to not allow the filibuster on nominations, and many appointees have been approved since then.
But obstructionism such as filibuster abuse for laws is still in place (which it by far at an all-time high, with several hundred filibusters).
Shutting down the government by refusing to approve the debt ceiling increase was just another form of obstructionism - but one which has bitten Republicans politically each time they went to that length, despite their attempts to reduce the political damage by trying to pass narrow spending bills to fund whatever area is getting them political punishment.
But even if they don't go to that length, there is still a huge amount of obstructionism. This has resulted in such extreme blocking as not funding for a period the renewal of the treaty which allows the US to collect nuclear weapons materials around the world to keep them out of the hands of terrorists. I did not see any impact on elections as a result of that blocking.
