Government Gridlock: Theme and Variations

Before the Nov. 4 US elections, there was a lot of speculation about whether or not the Republicans would take a majority of the Senate seats. I thought about weighing in, but didn’t because I realized it wouldn’t really matter. We would just be swapping one flavor of legislative gridlock for another.

A primer of the US system, for those who don’t live in the United States:  Legislation must be passed by the majority of both houses of Congress, The House of Representatives and the Senate. (If each houses passes a different version of a bill, a conference committee drafts a compromise version for approval.) The President can sign the legislation into law or veto it. In the case of a veto, the bill doesn’t become law unless a two-thirds majority of both houses of Congress vote to override the veto. The other important word to know is filibuster. In the Senate, 60 of 100 votes are needed to move a bill forward for a vote. This was originally designed as a way for minority views to be heard and was time-limited by the length of time that Senators could speak, but has morphed into a tool to block any legislation for which there are not 60 votes in favor, even if it has majority support of 51-59 votes.

Congress has been gridlocked for most of President Obama’s time in office. There was a brief period in the beginning of his presidency with a Democratic majority in the House and a filibuster-proof majority in the Senate. This was when the stimulus bill and the Affordable Care Act were passed.  The Republicans had vowed not to support anything the President wanted, but they could not stop legislation, so there was no gridlock then, even though the Republicans were refusing to co-operate in governing.

Within months, due to the death of Senator Kennedy and a special election that went to a Republican, the Democrats lost the ability to break a filibuster in the Senate and the first flavor of gridlock began. Instead of the rare use of the filibuster that had been the case for the 200+ year history of the Senate, the Republicans began filibustering almost every piece of legislation and many nominations for judgeships and executive branch appointees. The Democratic majority House was still passing bills, but the Democratic majority Senate could not get them to the floor because the 41 Republicans kept filibustering.

Next, the Republicans, thanks largely to gerrymandering of Congressional districts within states, took the majority in the House, which began phase two of gridlock, where the House passed dozens of bills that were never going to be taken up in the Senate, like voting to repeal the Affordable Care Act fifty times, while the Senate Republicans filibustered almost everything that was proposed. When there was a rare instance of bipartisanship, such as the Senate passage of comprehensive immigration reform, the Republicans in the House wouldn’t even bring it up for a vote. Meanwhile, the filibuster in the Senate blocked nominations for key posts, so we faced the ebola situation without a surgeon general to lead and co-ordinate the efforts and the debacle with Russia and Ukraine without a US ambassador to Russia.

So, with the electorate already frustrated with gridlock and disgusted that this Congress is about to break the shameful record set by the last Congress for least number of laws passed, we held elections last week. Turnout was 36.3% of eligible voters, the lowest in seventy-two years. In many Congressional districts, including mine, an incumbent was running unopposed. The Republicans will hold a majority in both houses of Congress.

One could hope that the Republicans would now decide to co-operate with the Democrats in governing, as many past Congresses have done when one party had majorities in Congress with a sitting president from the other party.

Unfortunately, such hope is not warranted.

We are just going to move on to the next flavor of gridlock, although this one will probably have a bit more spice to it. Some legislation that the Democrats find particularly objectionable will be filibustered in the Senate. Other legislation may pass by both houses on party-line votes, get vetoed by the president, and then die because there will not be a two-thirds majority to override the veto.

The mystery lies in what happens after that political theater is over. Will the Republicans, having satisfied their base with their initial votes, actually work to craft a bipartisan solution which could pass both houses and be signed by the president?

I wish I could say yes, but recent Republican party history and current rhetoric do not give cause for hope.

I voted for myself

 
I got back from my polling place, which had a steady stream of citizens coming in to vote. Yay, Democracy!
Well, sort of yay…
Because of the gerrymandering of Congressional districts, there was only one candidate on the ballot for Congress, an incumbent who is part of the problem of Washington gridlock and with whom I fundamentally disagree on a host of important issues.
Despite his being the only name on the ballot, I could not bring myself to vote for him. I also did not want to leave that column of the ballot blank, so I decided to vote for myself.
I shared this plan with my Facebook friends yesterday, so I may get a few other write-in votes, too.
Here’s hoping that in two years I will have more choices on the ballot.

On being a NY fracktivist

My sign - side one
My sign – side one

I spend a fair, some might say inordinate, amount of time on the fight to keep fracking out of New York State and to limit and end its use elsewhere. I frequently write comments on articles about it, a small fraction of which I share here at Top of JC’s Mind or on Facebook.  (For those who don’t know, fracking is the shorthand name for a process that extracts liquid and gaseous hydrocarbons from rock by using a mix of water, sand, and chemicals at extremely high pressure to fracture the rock.  Tons of information about environmental and health effects are available here: http://concernedhealthny.org/wp-content/uploads/2014/07/CHPNY-Fracking-Compendium.pdf )

I also attend events, rallies, and meetings when I can.  Fracktivists (or fractivists, a spelling I don’t use as often because people sometimes glance at it and read it as fascists, which takes their mind in a totally wrong direction) in New York have taken to showing up with signs asking for a ban on fracking whenever Governor Cuomo appears in public, usually on his way to an event that has restricted access.  This bird-dogging, as it is called, has become even more important in the run-up to the November election.

While Cuomo claimed that, as governor, he would keep an open public calendar, he has taken to keeping his schedule secret until the last possible moment. Thus, it wasn’t until late Wednesday evening that we got word that the governor would be arriving at Binghamton University at 11:00 AM Thursday.  Isaac, our intrepid community organizer – did you know that community organizers can become president some day? – quickly got the word out and about twenty of us showed up, signs in hand, to greet the governor’s motorcade and chant “Ban Fracking Now!”

As important as it is for Cuomo to see us wherever he goes, it is equally important that members of the press talk to us.  We had three television stations, public broadcasting radio, and the local newspaper taking interviews.  We were happy that Dr. Sandra Steingraber was among our number that day.  She is a biologist and public health expert who is currently at Ithaca College, a nationally and internationally known expert in toxic impacts of industrial pollution who is spending the lion’s share of her time and effort these days in the fight against fracking.  All the media outlets interviewed her.  Here is a sample of coverage that we received:  http://www.binghamtonhomepage.com/story/d/story/fractivists-protest-gov-cuomos-visit/34621/XNJzJy-Dkk-O7Wrr4WZOig.

We have been at this for several years and may be at it for several more.  It’s tough to fight an industry that spreads its huge wealth around to politicians to keep our country using polluting, climate-killing fossil fuels, but we have to keep fighting because it is so important to our present and future.

My sign - side two
My sign – side two

school district election day

Today, across New York State, voters are heading to the polls for school district elections. For some reason I have never been able to ascertain, school budgets are the only ones that are voted on directly in New York. Unfortunately, sometimes this means that school budgets fail as a general statement against taxes, forcing second votes on revised budgets or austerity budgets that cut all extracurriculars and all-but-bare-bones transportation.

This year, there has been an unusual amount of advertising to pass the school budget. I think it is to convince people not to use the budget vote as an opportunity to take out their frustration with the contentious rollout of common core standards in the state. For the record, I no longer have school-aged children in my household, so I haven’t experienced common core directly in my family. I do support the concept of common core, to cover fewer topics in a school year, but in greater depth, in contrast to the current trend toward a mile wide but an inch deep approach. New York State’s curriculum has long been infected with survey-itis. For example, in the social studies curriculum, a survey of US history is taught in fifth grade, again as a two-year sequence in seventh and eighth grades, and then again as a one year Regents course in high school, locally usually taken in 11th grade. Because so much time is devoted to rushing through large amounts of material, there isn’t time to engage in in-depth analysis of any time period or theme. When I was in high school in Massachusetts several decades ago, we had options for semester-long US history courses in Civil War and Reconstruction, Minorities in America, Presidential Greatness, or several other options. Already expected to have an overview of our country’s history, we were able to develop deeper understanding of the hows and whys of history, which also helped to inform our lives as active citizens.

The upset over the implementation of common core seems to mirror two statewide changes that happened during my children’s school careers, the ending of local high school diplomas in favor of more rigorous Regents diplomas for all graduates and reform of state-wide tests in fourth and eighth grades and high school Regent exams. It also mirrors the transition to a new high school honors program on the local level. The root of the problems with all these changes was not that the final goals, but the transition itself, in which students are tested in the new framework without the benefit of the years of preparatory study that is in place when the transition is complete, resulting in lower test scores as these students catch up to the new standards. It seems that the same mechanism is happening with the transition to common core.

The other oddity of this election locally is that we have eight candidates running for four board of education seats. Given that candidates often run unopposed or with only one more candidate than seats available, this year is a hot contest. Even more unusual, there is a group of four being presented almost as a slate, advertised together in mailings, on yard signs, and in hand-delivered fliers, and endorsed by the local teachers’ union.

Voting is from 12-9 PM today at the local elementary schools. It will be interesting to see how this all turns out.

UPDATE:  The budget passed by a wide margin. All four of the candidates endorsed by the teachers’ union were elected; the two incumbents who were running for re-election got only 50-60% of the voting totals of the successful candidates.