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    Voter Suppression Is Grand Larceny

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyVoter Suppression Is Grand LarcenyWe are watching another theft of power.Opinion ColumnistFeb. 28, 2021, 7:20 p.m. ETCredit…Charles Krupa/Associated PressIn 1890, Mississippi became one of the first states in the country to call a constitutional convention for the express purpose of writing white supremacy into the DNA of the state.At the time, a majority of the registered voters in the state were Black men.The lone Black delegate to the convention, Isaiah Montgomery, participated in openly suppressing the voting eligibility of most of those Black men, in the hope that this would reduce the terror, intimidation and hostility that white supremacists aimed at Black people.The committee on which he sat went even further. As he said at the convention:“As a further precaution to secure unquestioned white supremacy the committee have fixed an arbitrary appointment of the state, which fixes the legislative branch of the government at 130 members and the senatorial branch at 45 members.” The majority of the seats in both branches were “from white constituencies.”Speaking to the Black people he was disenfranchising, Montgomery said:“I wish to tell them that the sacrifice has been made to restore confidence, the great missing link between the two races, to restore honesty and purity to the ballot-box and to confer the great boon of political liberty upon the Commonwealth of Mississippi.”That sacrifice backfired horribly, as states across the South followed the Mississippi example, suppressing the Black vote, and Jim Crow reigned.That same sort of language is being used today to prevent people from voting, because when it comes to voter suppression, ignoble intentions are always draped in noble language. Those who seek to impede others from voting, in some cases to strip them of the right, often say that they are doing so to ensure the sanctity, integrity or purity of the vote.However, when the truth is laid bare, the defilement against which they rail is the voting power of the racial minority, the young — in their eyes, naïve and liberally indoctrinated — and the dyed-in-the-wool Democrats.In early February, a Brennan Center for Justice report detailed:“Thus far this year, thirty-three states have introduced, prefiled, or carried over 165 bills to restrict voting access. These proposals primarily seek to: (1) limit mail voting access; (2) impose stricter voter ID requirements; (3) slash voter registration opportunities; and (4) enable more aggressive voter roll purges. These bills are an unmistakable response to the unfounded and dangerous lies about fraud that followed the 2020 election.”On Feb. 24, the center updated its account to reveal that “as of February 19, 2021, state lawmakers have carried over, prefiled, or introduced 253 bills with provisions that restrict voting access in 43 states.”But it is the coded language that harkens to the post-Reconstruction era racism that strikes me.In Georgia, which went for a Democrat for the first time since Bill Clinton in 1992 and just elected two Democratic senators — one Black and one Jewish — there have been a raft of proposed voter restrictions. As State Representative Barry Fleming, a Republican and chair of the newly formed Special Committee on Election Integrity, put it recently, according to The Washington Post, “Our due diligence in this legislature [is] to constantly update our laws to try to protect the sanctity of the vote.”Kelly Loeffler, who lost her Senate bid in the state, has launched a voter organization because, as she said, “for too many in our state, the importance — and even the sanctity of their vote — is in question.” She continued, “That’s why we’re rolling up our sleeves to register conservative-leaning voters who have been overlooked, to regularly engage more communities, and to strengthen election integrity across our state.”Senator Rick Scott and other Republicans on Feb. 25 introduced the Save Democracy Act in what they said was an effort to “restore confidence in our elections.”Jessica Anderson of the conservative lobbying organization Heritage Action for America said of the legislation: “I applaud Senator Scott for putting forward common-sense, targeted reforms to help protect the integrity of our federal elections and the sanctity of the vote. The Save Democracy Act will protect against fraud and restore American’s confidence in our election systems while respecting the state’s sovereignty.”Gov. Ron DeSantis of Florida is pushing a slate of restrictive voter laws that would make it harder for Democrats to win in the state. On his website, the announcement read this way: “Today, Governor Ron DeSantis proposed new measures to safeguard the sanctity of Florida elections. The Governor’s announcement reaffirms his commitment to the integrity of every vote and the importance of transparency in Florida elections.”They can use all manner of euphemism to make it sound honorable, but it is not. This is an electoral fleecing in plain sight, one targeting people of color. We are watching another of history’s racist robberies. It’s grand larceny and, as usual, what is being stolen is power.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and Instagram.AdvertisementContinue reading the main story More

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    ‘Patriots’ Only: Beijing Plans Overhaul of Hong Kong’s Elections

    AdvertisementContinue reading the main storySupported byContinue reading the main story‘Patriots’ Only: Beijing Plans Overhaul of Hong Kong’s ElectionsThe central government is likely to bypass local officials, just as it did with last year’s national security law.China plans to impose restrictions on Hong Kong’s electoral system to root out candidates whom the Communist Party deems disloyal.Credit…Lam Yik Fei for The New York TimesKeith Bradsher, Vivian Wang and Feb. 23, 2021, 8:05 a.m. ETBEIJING — China’s Communist Party already wields outsized influence over Hong Kong’s political landscape. Its allies have long controlled a committee that handpicks the territory’s leader. Its loyalists dominate the Hong Kong legislature. It ousted four of the city’s elected opposition lawmakers last year.Now, China plans to impose restrictions on Hong Kong’s electoral system to root out candidates the Communist Party deems disloyal, a move that could block democracy advocates in the city from running for any elected office.The planned overhaul reinforces the Communist Party’s resolve to quash the few remaining vestiges of political dissent after the antigovernment protests that roiled the territory in 2019. It also builds on a national security law for the city that Beijing enacted last summer, giving the authorities sweeping powers to target dissent.Collectively, those efforts are transforming Hong Kong’s freewheeling, often messy partial democracy into a political system more closely resembling mainland China’s authoritarian system, which demands almost total obedience.“In our country where socialist democracy is practiced, political dissent is allowed, but there is a red line here,” Xia Baolong, China’s director of Hong Kong and Macau affairs, said on Monday in a strongly worded speech that outlined Beijing’s intentions. “It must not be allowed to damage the fundamental system of the country — that is, damage the leadership of the Communist Party of China.”The central government wants Hong Kong to be run by “patriots,” Mr. Xia said, and will not let the Hong Kong government rewrite the territory’s laws, as previously expected, but will do so itself.President Xi Jinping of China, left, has told Hong Kong’s leader that having patriots govern the city is the only way to ensure its long-term stability.Credit…Kevin Frayer/Getty ImagesMr. Xia did not go into details, but Hong Kong’s leader, Carrie Lam, affirmed the broad strokes of the plan, saying on Tuesday that many years of intermittent protests over Hong Kong’s political future had forced the national government to act.When Britain returned Hong Kong to Chinese sovereignty in 1997, the territory was promised a high degree of autonomy, in addition to the preservation of its capitalist economic system and the rule of law.But in the decades since, many among the city’s 7.5 million residents have grown wary of Beijing’s encroachment on their freedoms and unfulfilled promises of universal suffrage. The Communist Party, for its part, has been alarmed by increasingly open resistance to its rule in the city and has blamed what it calls hostile foreign forces bent on undermining its sovereignty.These tensions escalated in 2019 when masses of Hong Kong residents took to the streets in protests for months, calling in part for universal suffrage. They also delivered a striking rebuke of Beijing by handing pro-democracy candidates a stunning victory in local district elections that had long been dominated by the establishment.The latest planned overhaul seeks to prevent such electoral upsets and, more important, would also give Beijing a much tighter grip on the 1,200-member committee that will decide early next year who will be the city’s chief executive for the next five years.Different groups in Hong Kong society — bankers, lawyers, accountants and others — will vote this year to choose their representatives on the committee. The urgency of the Communist Party’s move suggests a worry that pro-democracy sentiment in Hong Kong is so strong that the party could lose control of the committee unless it disqualifies democracy advocates from serving.A large-scale protest in Hong Kong in January 2020. Credit…Lam Yik Fei for The New York TimesLau Siu-kai, a senior adviser to the Chinese leadership on Hong Kong policy, said China’s Communist Party-run national legislature was expected to push forward the electoral overhaul when it gathers in Beijing for its annual session starting on March 5.Mr. Lau, a former senior Hong Kong official, said the Chinese legislature, the National People’s Congress, would probably move to create a high-level group of government officials with the legal authority to investigate every candidate for public office and determine whether each candidate is genuinely loyal to Beijing.The plan would cover candidates for nearly 2,000 elected positions in Hong Kong, including the committee that chooses the chief executive, the legislature and the district councils, he said.The new election law now being drafted will not be retroactive, Mr. Lau said, and current district councilors will keep their seats as long as they adhere to the law and swear loyalty to Hong Kong and China.Beijing officials and state news media outlets have delivered a drumbeat of calls over the past month for Hong Kong to be run exclusively by people who are “patriots.” To Beijing, that term is narrowly defined as loyalty to mainland China and particularly to the Chinese Communist Party.China’s top leader, Xi Jinping, raised the issue in late January with Mrs. Lam, telling her that having patriots govern Hong Kong was the only way to ensure the city’s long-term stability. And on Tuesday, the Hong Kong government said it would introduce a bill requiring district councilors to take loyalty oaths and would ban candidates from standing for office for five years if they were deemed insincere or insufficiently patriotic.Hong Kong’s leader, Carrie Lam, said that years of intermittent protests over the city’s political future had forced the national government to act.Credit…Jerome Favre/EPA, via Shutterstock“You cannot say, ‘I’m patriotic but I don’t respect the fact that it is the Chinese Communist Party which leads the country,’” Erick Tsang, Hong Kong’s secretary for constitutional and mainland affairs, said at a news conference.Michael Mo, a pro-democracy district councilor who has been outspoken in his criticisms of the government, said that he planned to take the loyalty oath but that he had no control over whether that would be enough for the authorities.“It’s not up to me to define whether I’m a patriot,” Mr. Mo said. “The so-called passing mark is an unknown.”The government’s moves could further chill free speech and political debate in the city. Since Beijing imposed the national security law, the city’s authorities have used it for a wide-ranging crackdown. They have arrested more than 100 people, including activists, politicians, an American lawyer and a pro-democracy publisher.“I can only say people worry about that — for example, whether criticism of Communist Party or the political system in China would be regarded as not patriotic, then they have this kind of self-censorship,” said Ivan Choy, a senior lecturer in government and public administration at the Chinese University of Hong Kong.Before last year’s security law, Beijing generally let the Hong Kong legislature draft and enact laws governing the territory. In a sign of how drastic a departure the new approach is from previous years, some Hong Kong politicians initially expressed skepticism that Beijing would once again bypass local officials to enact legislation.Police officers firing tear gas against pro-democracy protesters in May 2020. Credit…Lam Yik Fei for The New York TimesOn Monday, hours after the speech by Mr. Xia, the Chinese official in charge of Hong Kong affairs, Holden Chow, a pro-establishment lawmaker, said he still expected Hong Kong to formulate the electoral changes on its own, as was tradition.But on Tuesday, as a battery of officials declared their expectation that Beijing would act directly, Mr. Chow said that he had changed his mind and that he fully supported the central government’s intention to act from on high.He said Beijing’s actions did not diminish the influence of Hong Kong’s leaders. “I don’t think you’ll find these things very often,” he said of the direct action on electoral reform and the national security law.“It’s just in connection with these two major and important matters,” Mr. Chow said. “I still believe that, going forward, we still have a role to play.”Keith Bradsher reported from Beijing, and Vivian Wang and Austin Ramzy from Hong Kong. Tiffany May contributed reporting from Hong Kong.AdvertisementContinue reading the main story More

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    After Record Turnout, Republicans Are Trying to Make It Harder to Vote

    AdvertisementContinue reading the main storySupported byContinue reading the main storyAfter Record Turnout, Republicans Are Trying to Make It Harder to VoteThe presidential election results are settled. But the battle over new voting rules, especially for mail-in ballots, has just begun.Hundreds of people waited in line in Marietta, Ga., during early voting for last year’s presidential election.Credit…Ron Harris/Associated PressJan. 30, 2021, 2:18 p.m. ETWASHINGTON — In Georgia, Arizona and other states won by President Biden, some leading Republicans stood up in November to make what, in any other year, would be an unremarkable statement: The race is over. And we lost, fair and square.But that was then. Now, in statehouses nationwide, Republicans who echoed former President Donald J. Trump’s baseless claims of rampant fraud are proposing to make it harder to vote next time — ostensibly to convince the very voters who believed them that elections can be trusted again. And even some colleagues who defended the legitimacy of the November vote are joining them.According to the Brennan Center for Justice at New York University, state legislators have filed 106 bills to tighten election rules, generally making it harder to cast a ballot — triple the number at this time last year. In short, Republicans who for more than a decade have used wildly inflated allegations of voter fraud to justify making it harder to vote, are now doing so again, this time seizing on Mr. Trump’s thoroughly debunked charges of a stolen election to push back at Democratic-leaning voters who flocked to mail-in ballots last year.In Georgia, where the State House of Representatives has set up a special committee on election integrity, legislators are pushing to roll back no-excuse absentee voting. Republicans in Pennsylvania plan 14 hearings to revisit complaints they raised last year about the election and to propose limitations on voting.Arizona Republicans have subpoenaed November’s ballots and vote tabulation equipment in Maricopa County, a Democratic stronghold that includes Phoenix. Legislators are taking aim at an election system in which four in five ballots are mailed or delivered to drop boxes.Those and other proposals underscore the continuing power of Mr. Trump’s campaign to delegitimize the November election, even as some of his administration’s top election experts call the vote the most secure in history. And they reflect longstanding Republican efforts to push back against efforts to expand the ability to vote.Proposals to toughen voting laws underscore the continuing power of Donald J. Trump’s campaign to delegitimize the election. Credit…Adriana Zehbrauskas for The New York TimesDemocrats have their own agenda: 406 bills in 35 states, according to the Brennan Center, that run the gamut from giving former felons the vote to automatically registering visitors to motor vehicle bureaus and other state offices. And Democrats in the Senate will soon unveil a large proposal to undergird much of the election process with what they call pro-democracy reforms, with lowering barriers to voting as the centerpiece. Near-identical legislation has been filed in the House.“There’s going to be a rush in the next year to legislate certain types of election reforms,” said Nate Persily, a Stanford University law professor and co-director of the Stanford-MIT Healthy Elections Project. “The jury is still out on whether the lesson from this election will be that we need to make voting as convenient as possible, or whether there will be a serious retrenchment that makes voting less accessible.”In truth, who controls a given legislature will largely decide what chances a bill has.In the 23 states wholly run by Republicans, Democratic bills expanding ballot access are largely dead on arrival. The same is true of Republican proposals to restrict ballot access in the 15 states completely controlled by Democrats.But in some states where legislators’ control and interests align, the changes could be consequential.In Arizona, where Democrats captured a second Senate seat and Mr. Biden eked out a 10,500-vote victory, lawmakers are taking aim at an election system in which absentee ballots have long been dominant.One bill would repeal the state’s no-excuse absentee ballot law. Others would pare back automatic mailings of absentee ballots to the 3.2 million voters who have signed up for the service. One ardent advocate of the stolen-election conspiracy theory, State Representative Kevin Payne of Maricopa County, would require that signatures on all mail ballots be notarized, creating an impossibly high bar for most voters. Yet another bill, paradoxically, would require early ballots that are mailed to voters to be delivered by hand.Legislators in Arizona are taking aim at an election system in which four in five ballots are mailed or delivered to drop boxes.Credit…Pool photo by Ross D. FranklinIn Georgia, where Mr. Biden won by fewer than 12,000 votes, Secretary of State Brad Raffensperger and Gov. Brian Kemp, both Republicans, have repeatedly defended the election results. The two are nevertheless supporting stricter voting requirements.A proposal by Republicans in the State Senate to eliminate no-excuse absentee ballots — a quarter of the five million votes cast in November — has drawn opposition even before it has been filed. But Republicans broadly support a bill to require submitting a photocopied identification card such as a driver’s license with both applications for absentee ballots and the ballots themselves. Mr. Raffensperger has said he supports that measure and another to make it easier to challenge a voter’s legitimacy at the polls.Brian Robinson, a Republican political consultant in Atlanta, said, “The overall purpose of these reforms is to restore faith in our election systems.” He added, “That’s not to say that it was a giant failure; that’s to say that faith has been diminished.”He allowed that Mr. Trump’s false charges of fraud “drives a lot of the loss of faith among Republicans,” but he also took aim at Democrats, noting that the Democrat who lost the 2018 governor’s race, Stacey Abrams, also had refused to concede, saying voter suppression had caused an “erosion of our democracy.”“Both sides have dipped their toes in those waters,” he said.But it’s clear that Republicans are now dipping much more than their toes. Democrats and some voting-rights advocates say the Republican agenda on voting is less about lost trust than lost elections. A Republican election official in suburban Atlanta said as much this month, arguing for tougher voting laws that reduce turnout after Democratic candidates won both of the state’s Senate seats in runoffs.“They don’t have to change all of them,” said Alice O’Lenick, who heads the Gwinnett County Board of Registrations and Elections, “but they have got to change the major parts of them so we at least have a shot at winning.”Marc Elias, a Democratic lawyer who led legal battles against restrictive voting rules last year, said the reason for the state’s voting-law crackdown was transparent. “These were elections that withstood the scrutiny of two recounts, an audit and a whole lot of attention in the political arena and the courts,” he said. “The only reason they’re doing this is to make voting harder because they didn’t like the results. And that’s shameful.”A Republican election official in Georgia argued for voting laws that reduce turnout after the Democratic candidates won both of the state’s Senate seats in runoffs.Credit…Doug Mills/The New York TimesIndeed, a handful of bills seem to make no bones about their partisan goals. One Arizona proposal would give the Legislature the power to decide presidential elections by overriding the secretary of state’s certification of electoral votes.Bills in Arizona, Mississippi and Wisconsin would end the practice of awarding all electoral votes to the presidential candidate who wins the statewide vote. Instead, they would be allotted according to votes in congressional districts — which in Republican states are generally gerrymandered to favor Republicans. In Arizona, the Legislature also would choose two electors.In the last election, the moves would have reduced Mr. Biden’s electoral vote total by 11 votes.Nebraska, on the other hand, would do the reverse with a similar partisan outcome: The state now awards presidential electors by congressional district, but legislation would move the state to the winner-take-all system. One of Nebraska’s three House districts voted for Mr. Biden in November.Even Republicans in states where the November election was not close are proposing to tighten voting laws. In Texas, a state with perhaps the nation’s strictest voting rules and one of the lowest levels of turnout, the state party has declared “election integrity” the top legislative priority. Among other proposals, legislators want to cut the time allotted for early voting, limit outsiders’ ability to help voters fill out ballots and require new voters to prove they are citizens.Republicans who control the Pennsylvania Legislature have mounted one of the most aggressive campaigns, even though any laws they enact probably would have to weather a veto by the state’s Democratic governor.A handful of Republican state lawmakers want to abolish no-excuse absentee voting only 15 months after the Legislature approved it in an election-law package backed by all but two of its 134 G.O.P. members who cast votes. The main supporter of the bill, State Senator Doug Mastriano, has claimed that Mr. Biden’s victory in the state is illegitimate, and spent thousands of dollars to bus protesters to the Jan. 6 demonstration that ended in the assault on the Capitol.Rolling back the law appears a long shot. But there seems to be strong Republican support for other measures, including eliminating drop boxes for absentee ballots, discarding mail-in ballots with technical errors and ending a grace period for receiving ballots mailed by Election Day.State Representative Seth Grove, the Republican chair of the committee holding 14 hearings into election practices, said at the initial gathering on Jan. 21 that he was not interested in dwelling on the 2020 election. “We want a better process going forward, and we’re committed to that,’’ Mr. Grove said.But at that hearing, legislators grilled Secretary of State Kathy Boockvar, a Democrat, for three hours on her emailed guidance to county election officials before the Nov. 3 vote. In an interview, Ms. Boockvar said the purpose of the hearings was to further undermine voters’ confidence in democracy and to “lay the groundwork for disenfranchisement.’’“We are at a watershed, and we have a choice to make right now,” she said. “Acknowledge the truth — have public, vocal, strong support for the strength and resilience of our democracy. Or we can continue to perpetuate the lies.”Kathy Boockvar, Pennsylvnia’s secretary of state, said Republicans were intent on undermining confidence in democracy.Credit…Gabriela Bhaskar for The New York TimesIn Washington, a Democratic agenda can be seen in the latest version of a far-ranging elections and voting bill that passed the House last year but died in the Republican-controlled Senate.This time, the Democrat-controlled Senate will file its own version, with committee hearings expected in February.Its voting provisions include allowing automatic and same-day voter registration, 15 days of early voting, no-excuse voting by mail, and online voter registration, as well as the restoration of voting rights nationwide to felons who complete their sentences. In one fell swoop, it would set minimum standards for American federal elections that would erase a host of procedural barriers to casting a ballot.It also would require the states to appoint independent and nonpartisan commissions to draw political boundaries, eliminating the profusion of gerrymanders that the Supreme Court said in 2019 were beyond its authority to control.Few expect much chance of passage in a deeply divided Senate, but the Democratic leaders in both houses have made it the first bill of the new congressional session, a statement that — symbolically, at least — it is the first priority of the new Democratic majority.Whether any of it goes beyond symbolism remains to be seen.Trip Gabriel More

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    I’m Not Actually Interested in Mitch McConnell’s Hypocrisy

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyI’m Not Actually Interested in Mitch McConnell’s HypocrisyTo make his case for the filibuster, he has essentially rewritten the history of the Senate.Opinion ColumnistJan. 29, 2021Credit…Erin Schaff/The New York TimesOn Tuesday, Mitch McConnell, now the Senate minority leader, spoke in defense of the legislative filibuster.“When it comes to lawmaking, the framers’ vision and our history are clear. The Senate exists to require deliberation and cooperation,” McConnell declared. “James Madison said the Senate’s job was to provide a ‘complicated check’ against ‘improper acts of legislation.’ We ensure that laws earn enough buy-in to receive the lasting consent of the governed. We stop bad ideas, improve good ideas and keep laws from swinging wildly with every election.”He went on: “More than any other feature, it is the Senate’s 60-vote threshold to end debate on legislation that achieves this.”It’s hard to take any of this seriously. None of McConnell’s stated concern for the “lasting consent of the governed” was on display when Senate Republicans, under his leadership, tried to repeal the Affordable Care Act by majority vote. Nor was there any interest in “deliberation and cooperation” when Republicans wanted a new round of corporate and upper-income tax cuts.If anything, the filibuster stymies that deliberation and cooperation by destroying the will to legislate at all. It makes bipartisanship less likely by erasing any incentive to build novel coalitions for particular issues. If, under the filibuster, there’s no difference between 51 votes for immigration reform and 56 votes (or even 59), then what’s the point of even trying? Why reach out to the other side if there’s almost no way you’ll reach the threshold to take action? And on the other side, why tinker with legislation if you know it’s not going to pass? When there’s no reason to do otherwise, why not act as a rigid, unyielding partisan?It’s obvious that McConnell’s commitment to the filibuster is instrumental. The filibuster on executive branch nominations of appointees and federal judges was sacred — he condemned the Democrats’ use of the “nuclear option” to get rid of it in 2013 — until President Trump needed Neil Gorsuch on the Supreme Court and then it was bye-bye to the filibuster for Supreme Court nominees that McConnell’s predecessor as Senate majority leader, Harry Reid, had left intact. If the reconciliation process didn’t exist, and Republicans needed 60 votes for upper-income tax cuts, there’s almost no doubt McConnell would have killed the legislative filibuster in 2017, for the sake of his party’s signature priority.I’m not actually that interested in McConnell’s hypocrisy. I’m interested in his history. To make his case for the indispensable importance of the legislative filibuster, McConnell has essentially rewritten the history of the Senate. He has to create a new narrative to serve his current interests.The truth is that the filibuster was an accident; an extra-constitutional innovation that lay dormant for a generation after its unintentional creation during the Jefferson administration. For most of the Senate’s history after the Civil War, filibusters were rare, deployed as the Southern weapon of choice against civil rights legislation, and an occasional tool of partisan obstruction.Far from necessary, the filibuster is extraneous. Everything it is said to encourage — debate, deliberation, consensus building — is already accomplished by the structure of the chamber itself, insofar as it happens at all.In the form it takes today, the filibuster doesn’t make the Senate work the way the framers intended. Instead, it makes the Senate a nearly insurmountable obstacle to most legislative business. And that, in turn, has made Congress inert and dysfunctional to the point of disrupting the constitutional balance of power. Legislation that deserves a debate never reaches the floor; coalitions that could form never get off the ground.In quoting Madison, McConnell frames the filibuster as part of our constitutional inheritance. It is not. The filibuster isn’t in the Constitution. The Senate, like the House of Representatives, was meant to run on majority rule.Remember, the framers had direct experience with supermajority government. Under the Articles of Confederation, each state had equal representation and it took a two-thirds vote of the states for Congress to exercise its enumerated powers. Without the consent of nine states (out of 13), Congress could not enter treaties, appropriate funds or borrow money. And the bar to amendment, unanimity, was even higher. The articles were such a disaster that, rather than try to amend them, a group of influential elites decided to scrap them altogether.For a taste of this frustration, read Alexander Hamilton in Federalist no. 22, which contains a fierce condemnation of supermajority rule as it was under the articles:The necessity of unanimity in public bodies, or of something approaching toward it, has been founded upon a supposition that it would contribute to security. But its real operation is to embarrass the administration, to destroy the energy of the government, and to substitute the pleasure, caprice, or artifices of an insignificant, turbulent, or corrupt junto, to the regular deliberations and decisions of a respectable majority.Hamilton is especially angry with the effect of the supermajority requirement on governance.In those emergencies of a nation, in which the goodness or badness, the weakness or strength of its government, is of the greatest importance, there is commonly a necessity for action. The public business must, in some way or other, go forward. If a pertinacious minority can control the opinion of a majority, respecting the best mode of conducting it, the majority, in order that something may be done, must conform to the views of the minority; and thus the sense of the smaller number will overrule that of the greater, and give a tone to the national proceedings. Hence, tedious delays; continual negotiation and intrigue; contemptible compromises of the public good.Delegates to the constitutional convention considered and rejected supermajority requirements for navigation acts (concerning ships and shipping), regulation of interstate commerce and the raising of armies. Majorities would have the final say everywhere except for treaties, amendments and conviction in an impeachment trial.To make the Senate slow-moving and deliberative, the framers would not raise barriers to action so much as they would insulate the body from short-term democratic accountability. That meant indirect election by state legislatures, staggered terms of six years and a small membership of two senators per state. And at ratification, that is where the Senate stood: a self-consciously aristocratic body meant to check the House of Representatives and oversee the executive branch, confirming its appointments and ratifying its foreign agreements.The filibuster doesn’t enter the picture until years later, as an accident of parliamentary bookkeeping. In 1806, on the advice of Vice President Aaron Burr (who thought it redundant), the Senate dropped the “previous question” — a motion to end debate and bring an item up for immediate vote — from its rules. Without a motion to call the previous question, however, an individual senator could, in theory, hold the floor indefinitely.It took 31 years for someone to actually do it. The first known filibuster took place in 1837, when several Whig senators tried unsuccessfully to block a Democratic bill to reverse an 1834 censure of President Andrew Jackson and expunge it from the congressional record. Even then, the filibuster was not widely used until the second half of the 19th century, as the parties, and thus the Senate, grew more polarized along party lines.The filibuster as we understand it developed in the 20th century. In 1917, President Woodrow Wilson called on Senate Democrats to reform the filibuster as a war measure after Republicans successfully filibustered a bill to arm merchant ships. Democrats obliged and created a “cloture” rule to end debate with a two-thirds vote of the chamber. In 1975, the Senate reduced that threshold from two-thirds to three-fifths, or 60 votes in a 100-member body.Throughout this time, filibusters were uncommon. It was perfectly possible for the Senate to debate, deliberate and come to consensus without the supermajority requirement McConnell and the Republican caucus have imposed on virtually all legislation since 2009.The point of comparison for the Senate as McConnell has shaped it is the middle of the 20th century, when a conservative coalition of Republicans and Dixiecrats made the chamber a graveyard of liberal legislation and social reform. Consensus didn’t matter. Power did. And it wasn’t until liberals wrested power from this coalition — in the House as well as the Senate — that they could take the initiative and begin work on an otherwise popular agenda.There is no question the Senate is supposed to be slow, even sluggish. But it’s not supposed to be an endless bottleneck. The framers wanted stability in government, not stagnation. What we have now, with the filibuster intact, is a Senate that can barely move.This isn’t just a problem for President Biden and the Democratic Party; it’s a problem for the entire constitutional order. Our system is built around Congress; Congress makes laws, Congress holds the purse strings, Congress hands out mandates, Congress checks the president and makes sure the judiciary stays in its lane.When Congress doesn’t act, other actors take up the slack. The story of our democracy these last 10 years is, in part, the story of how a listless, sclerotic Senate broke Congress and pushed the other branches to govern in its stead, with the president and the courts making as much policy as they can without congressional input, with all the capriciousness, whiplash and uncertainty that can come from that.If you don’t like presidents governing through executive order, then you should want an active, energetic Congress that embraces its constitutional mandate to rule over the whole country and direct its government. If you want that, you should oppose the filibuster.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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    Democrats Prepare to Move on Economic Aid, With or Without the G.O.P.

    #masthead-section-label, #masthead-bar-one { display: none }The New WashingtonliveLatest UpdatesBiden’s Climate AmbitionsBiden’s CabinetPandemic ResponseAdvertisementContinue reading the main storySupported byContinue reading the main storyDemocrats Prepare to Move on Economic Aid, With or Without the G.O.P.President Biden is trying to persuade Republicans to back a $1.9 trillion spending package, but Democrats are pursuing another path to get the relief approved without bipartisan support.“We want it to be bipartisan always, but we can’t surrender if they are not going to be doing that,” Speaker Nancy Pelosi said on Thursday.Credit…Anna Moneymaker for The New York TimesJim Tankersley and Jan. 28, 2021Updated 7:19 p.m. ETWASHINGTON — Democrats are preparing to bypass Republican objections to speed President Biden’s $1.9 trillion economic aid package through Congress, rather than pare it back significantly to attract Republican votes, even as administration officials and congressional moderates hold out hopes of passing a bill with significant bipartisan support.On a day when new data from the Commerce Department showed that the economic recovery decelerated at the end of last year, Democratic leaders in Congress and administration officials said publicly and privately on Thursday that they were committed to a large-scale relief bill and would move next week to start a process that would allow it to pass with only Democratic votes, if necessary. Behind closed doors, congressional committees are already writing legislative text to turn Mr. Biden’s plans into law.Party leaders remain hopeful that Mr. Biden can sign his so-called American Rescue Plan into law by mid-March at the latest, even with the competing demands of a Senate impeachment trial of former President Donald J. Trump, which is set to begin the week of Feb. 8.“We want it to be bipartisan always, but we can’t surrender if they are not going to be doing that,” Speaker Nancy Pelosi of California said at a news conference on Capitol Hill. “I do think that we have more leverage getting cooperation on the other side if they know we have an alternative as well,” she added.Officials across the administration are engaged in a whirlwind series of virtual conversations with key lawmakers, governors, mayors, civil rights leaders and a wide range of lobbying groups in an effort to build as much support as possible for the aid package. It includes $1,400 checks to many individual Americans, extensions of supplemental safety net benefits through the fall, and hundreds of billions of dollars for vaccine deployment and other efforts to curb the coronavirus pandemic.Yet there are early signs that Mr. Biden will need to at least partially trim his ambitions in order to secure even the full support of his party in the Senate — which he almost certainly needs to pass any bill.Some moderate Democrats have joined many Republicans in pushing the administration to narrow the scope of recipients for the direct checks to more directly target low- and middle-income Americans. Such a move would shave hundreds of billions of dollars off the proposal’s overall price tag. Officials privately concede that they would consider reducing the income threshold at which the size of the checks would begin phasing out for individuals and families.Mr. Biden did not announce thresholds for the checks in his proposal, but in December congressional Democrats proposed $2,000 individual checks that would slowly begin phasing out for those earning more than $75,000 a year — and allow some families earning as much as $430,000 a year to receive smaller payments.On a private caucus call with Senate Democrats and Brian Deese, the director of Mr. Biden’s National Economic Council, Senator Jon Ossoff of Georgia pushed for the party to go forward with a sweeping package that included another round of stimulus checks, arguing that the issue helped Democrats win both of the state’s Senate seats and clinch the majority, according to two people familiar with the comments. Mr. Ossoff declined to comment on the call because it was private.Some moderate lawmakers have also pushed the administration to justify the need for nearly $2 trillion in additional relief, warning that money already approved by Congress in previous rounds of aid — including in the $900 billion package passed in December — has not yet been spent. Some Democrats also fear Mr. Biden would be forced by parliamentary rules to drop his call for a $15-an-hour minimum wage if the bill circumvented the filibuster via the so-called budget reconciliation process, though it is unclear whether Mr. Biden could get the votes for it even if it were, as some Democrats believe, eligible for inclusion.Mr. Biden has said repeatedly that he will work with Republicans to craft a bill that could earn bipartisan support, and moderate Republicans have warned that cutting their party out of the process would undermine Mr. Biden’s calls for unity and jeopardize future attempts at negotiations.But White House officials said on Thursday that Democrats could move quickly without sacrificing bipartisanship.The New WashingtonLive UpdatesUpdated Jan. 28, 2021, 8:32 p.m. ETMatt Gaetz rallied against Liz Cheney in her own state.Representative Jim Jordan, a Trump loyalist, has decided not to run for an open Senate seat.Acting Capitol Police chief calls for permanent fencing and backup forces in wake of assault.“The president wants this to be a bipartisan package, regardless of the mechanisms,” Jen Psaki, the White House press secretary, told reporters. “Republicans can still vote for a package, even if it goes through with reconciliation.”Mr. Biden recently called two Republican senators, Susan Collins of Maine and Rob Portman of Ohio, who are members of a bipartisan group intent on bridging the gap between the two parties. Ms. Psaki said the president would make more calls to Republicans and Democrats this week.Senator Rob Portman is among the Republican lawmakers whom President Biden called to try to bridge the gap between the two parties.Credit…Anna Moneymaker for The New York Times“He hasn’t called me — he’s calling them and that’s good,” Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate, told reporters. “I’m not being critical at all. But, you know, I think there’s been direct personal outreach by the president to these Republicans in the hopes that we can do this on a bipartisan basis.”But several Republicans, including those in the bipartisan group who have professed a willingness to negotiate a small package, warned that pursuing the reconciliation process and bypassing their conference would hurt relations. (When Republicans controlled both chambers and the White House in 2017, they used the process twice.)“Covid relief presents the best avenue for bipartisanship right out of the gate,” said Senator Shelley Moore Capito, Republican of West Virginia and a member of the bipartisan group. Ramming a bill through reconciliation, she added, “is a signal to every Republican that your ideas don’t matter, and I think — does that end it? No, but it certainly puts a color on it.”Administration officials have shown little willingness to push a significantly smaller bill than Mr. Biden has proposed. They worry privately that moving a package that includes only the provisions most likely to gain Republican support — the direct checks and money for vaccines — would risk stranding other elements of the plan they call critical for the recovery, like hundreds of billions of dollars in state and local aid.Mr. Deese pushed back on such suggestions during the call with Democrats and in a post on Twitter. “The needs of the American people aren’t partial; we can’t do this piecemeal,” he wrote.Many Democrats say privately that they see little hope of attracting the 10 Republican votes they would need to overcome a filibuster and avoid using the budget reconciliation process to advance the bill unless they significantly scale back Mr. Biden’s ambitions. Haunted by what Senator Chuck Schumer of New York, the majority leader, referred to as the “mistake” of 2009, when the Democratic Party was in control of both chambers and the White House but was “too timid and constrained in its response to the global financial crisis,” top Democrats are pushing to avoid settling for a small package.“If our Republican colleagues decide to oppose this urgent and necessary legislation, we will have to move forward without them,” Mr. Schumer said, adding that he planned to press ahead with a budget resolution as early as next week. The effort is complicated by Democrats’ tenuous grip on power in the Senate, which is split 50-50 but where Vice President Kamala Harris can break ties in her party’s favor. Those numbers give enormous sway to the most conservative members of the Democratic caucus, including Senators Kyrsten Sinema of Arizona, Joe Manchin III of West Virginia and Jon Tester of Montana. Any one of them could balk at the size of Mr. Biden’s demands and force a smaller package.Mr. Tester hinted at such possibilities on Thursday, in a nomination hearing for Cecilia Rouse, Mr. Biden’s pick to lead the White House Council of Economic Advisers. He raised concerns about federal borrowing and repeatedly pressed Ms. Rouse to commit to “targeted” spending programs to lift the economy.“They need to be targeted,” Ms. Rouse replied. “They need to be smart. They need to be in those areas where we know the economic benefit outweighs the cost.”Administration officials are juggling the rescue package with a broader proposal, which Mr. Biden refers to as a recovery plan, that would spend trillions more on infrastructure improvements, clean energy deployment and a series of other initiatives rooted in Mr. Biden’s “Build Back Better” agenda from the presidential campaign. That plan will be financed, all or in part, by tax increases on corporations and high earners. Mr. Biden has promised to detail it publicly next month.Nicholas Fandos More

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    Is President Biden Ready for the New Senate?

    #masthead-section-label, #masthead-bar-one { display: none }The Biden AdministrationliveLatest UpdatesReview of Russian HackingBiden’s CabinetPandemic ResponseAdvertisementContinue reading the main storySupported byContinue reading the main storyOn Politics With Lisa LererIs President Biden Ready for the New Senate?Mr. Biden, a man of old Washington, might be in for a rude awakening.Jan. 23, 2021, 5:00 a.m. ETSign up here to get On Politics in your inbox every weekday.Senate Majority Leader Mitch McConnell (R-KY), left, and Vice President Joe Biden, right, make their way into the House Chamber before President Barack Obama’s final State of the Union address in the House Chamber at The Capitol Building in Washington D.C. on Tuesday, Jan. 12, 2015. (Zach Gibson / The New York Times)Credit…Zach Gibson for The New York TimesIt was the Senate version of a gold watch.As the Obama administration wound to a close in December 2016, Joe Biden’s old pals gathered around their water cooler — the dais on the Senate floor — and threw what passes for a retirement party in Congress.The event was a bipartisan lovefest. Ten Republicans praised Mr. Biden as a “wonderful man,” “God-fearing and kind,” “a genuine patriot” with “boundless energy and undeniable charm.”Even Senator Mitch McConnell, Republican of Kentucky, shared the love, recounting tales of legislative wrangling and shared stages, including one at a University of Louisville center founded by the Senate minority leader.“You have been a real friend, you have been a trusted partner and it has been an honor to serve with you,” he said. “We are all going to miss you.”Four years later, Mr. Biden’s old stamping grounds has become a far less collegial and productive place. Just days after Mr. Biden called for unity in his inaugural address, the Senate is already locked in a stalemate, with leaders of the two parties unable to agree on basic rules of operation.“I look back with nostalgia to how we used to work together,” said Harry Reid, the former Democratic majority leader who retired from the Senate the same year that Mr. Biden left Washington, musing on the Congress of the 1970s and 1980s. “Now the Senate does nothing.”Much has been made of Mr. Biden’s extensive experience in government, a central part of his pitch to voters during the presidential campaign. After serving 36 years in the Senate and another eight in the White House, the new president enters with a deeper understanding of the legislative process and politicians than any president since Lyndon Johnson, a former Senate majority leader.Credit…Zach Gibson for The New York TimesCredit…Zach Gibson for The New York TimesThe question is whether Mr. Biden’s legislative prowess is, well, a little bit sepia toned. When Mr. Biden talks about bipartisanship now, a fair number of Democrats in Washington quietly roll their eyes.In the Senate, more than a quarter of the seats have changed parties in the past four years — including five of the Republicans who praised Mr. Biden at that 2016 event. Many of the new members are products of the deeply polarized Trump era and have never served in a more functional Senate.Some of Mr. Biden’s closest aides believe the attack on the Capitol broke the fever within the Republican Party, creating space for its elected officials to work across the aisle. Yet, there are plenty of signs that former President Donald J. Trump’s influence on his party may linger.While the former president’s approval rating dropped sharply among Republicans after the attack, Trumpism remains embedded in the firmament of the party. Plenty of Republican state officials, local leaders and voters still believe Mr. Trump’s baseless claims of election fraud and view Mr. Biden as illegitimate. They’re threatening primary challenges against Republicans who work with Mr. Biden, complicating the political calculus for members of Congress, including several up for re-election next year, like Senators Rob Portman of Ohio and Lisa Murkowski of Alaska, who might be inclined to cut some legislative deals.Already, Mr. Biden’s proposed $1.9 trillion pandemic relief plan has received a skeptical response from Republicans, including several centrists who helped craft the economic package that passed late last year. Senator Roy Blunt of Missouri, chairman of the Senate Republican Policy Committee, called the proposal a “non-starter.”“We just passed a program with over $900 billion in it,” Senator Mitt Romney, Republican of Utah, told reporters shortly after the inauguration. “I’m not looking for a new program in the immediate future.”And then, there’s the issue of Mr. Biden’s own party. After four years of Mr. Trump, many Democrats are unwilling to compromise on their agenda. A vocal portion of the party is pushing to pass Mr. Biden’s rescue package through a budget resolution that would allow the legislation to clear the Senate with just 51 votes, instead of the usual 60 votes.Mr. Reid is urging Mr. Biden not to waste much time trying to win over his former Republican colleagues. Like many Democrats, he’d like Mr. Biden to eliminate the legislative filibuster — the 60-vote requirement for major bills — allowing Democrats to pass their agenda with their slim majority.The Biden AdministrationLive UpdatesUpdated Jan. 23, 2021, 12:05 a.m. ETBiden’s Education Department moves to cut ties with an accrediting body linked to a fraud scandal.Two Trump appointees are being investigated for posting reports denying climate change.Giuliani concedes that an associate did ask for $20,000 a day to help Trump post-election.It’s that very prospect that worries Mr. McConnell, who refuses to sign an operating agreement until Democrats guarantee that they will not change the rules — essentially disarming the new majority before major legislative fights even begin. Although Democrats have no firm plans to gut the filibuster, many believe the threat of that possibility remains a powerful lever to force Republicans to compromise.A staunch institutionalist, Mr. Biden has been leery about eliminating the filibuster, though he expressed some openness to the idea in the final months of his campaign. Mr. McConnell’s opposition could change his views, some Democrats argue, as the new president becomes frustrated with his stalled legislative agenda.“Knowing Joe Biden the way I do, he will be very patient and try to continue how the Senate used to be,” Mr. Reid said. “I am not particularly optimistic.”Drop us a line!We want to hear from our readers. Have a question? We’ll try to answer it. Have a comment? We’re all ears. Email us at onpolitics@nytimes.com and follow me on Twitter at @llererThe backlash beginsLast week, 10 Republicans voted to impeach Mr. Trump. Now, many face battles of their own.Trump allies, donors and political aides are rushing to support primary challenges against House Republicans who crossed the former president.“Wyoming taxpayers need a voice in Congress who will stand up to Nancy Pelosi and the Democrats, and not give them cover,” State Senator Anthony Bouchard said in a statement. He’s one of several Republicans expected to announce campaigns against Representative Liz Cheney of Wyoming who was the only member of House Republican leadership who supported the impeachment effort.The primary challenges are part of a broader push by Trump supporters to maintain control of the Republican Party, which now faces deep internal divides over whether to stick with the populist ideology and divisive rhetoric that defined the party’s message during the Trump administration. Many establishment Republicans would like to embrace a more inclusive platform that could help them win back suburban voters who fled the party in the 2020 elections.Trump allies believe such a move would be a mistake, costing them the backing of white working class voters who turned out in droves to support the president.In Michigan, a key battleground state that Mr. Biden won in 2020, Trump allies are supporting the candidacy of Tom Norton, a military veteran who is challenging Representative Peter Meijer in a rematch of their 2020 primary race.“I said, ‘Peter, if you impeach him, we’re going to have to go down this road again’,” Mr. Norton said on Steve Bannon’s podcast to promote his candidacy. “The morning of the impeachment vote, he called me and said: ‘Tom, you might have to put your website back up. I’m voting for impeachment.’”By the numbers: 17… That’s the number of executive orders, memorandums and proclamations by Mr. Biden on his first day in office.NEW YORK TIMES AUDIOThe era of governing by decree continuesWithin hours of entering the White House, Mr. Biden signed a flurry of executive orders to reverse some of his predecessor’s most divisive policies. “The Daily” discussed the potential positives of the orders and point out the pitfalls.… SeriouslyEveryone should have a Doug in their life.Thanks for reading. On Politics is your guide to the political news cycle, delivering clarity from the chaos.On Politics is also available as a newsletter. Sign up here to get it delivered to your inbox.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com.AdvertisementContinue reading the main story More

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    Joe Biden and Democrats Must Help People Fast

    Credit…Hudson ChristieSkip to contentSkip to site indexOpinionDemocrats, Here’s How to Lose in 2022. And Deserve It.You don’t get re-elected for things voters don’t know about.Credit…Hudson ChristieSupported byContinue reading the main storyOpinion ColumnistJan. 21, 2021President Biden takes office with a ticking clock. The Democrats’ margin in the House and Senate couldn’t be thinner, and midterms typically raze the governing party. That gives Democrats two years to govern. Two years to prove that the American political system can work. Two years to show Trumpism was an experiment that need not be repeated.Two years.This is the responsibility the Democratic majority must bear: If they fail or falter, they will open the door for Trumpism or something like it to return, and there is every reason to believe it will be far worse next time. To stop it, Democrats need to reimagine their role. They cannot merely defend the political system. They must rebuild it.“This is a fight not just for the future of the Democratic Party or good policy,” Senator Bernie Sanders told me. “It is literally a fight to restore faith in small-d democratic government.”Among the many tributaries flowing into Trumpism, one in particular has gone dangerously overlooked. In their book “Presidents, Populism and the Crisis of Democracy,” the political scientists William Howell and Terry Moe write that “populists don’t just feed on socioeconomic discontent. They feed on ineffective government — and their great appeal is that they claim to replace it with a government that is effective through their own autocratic power.”Donald Trump was this kind of populist. Democrats mocked his “I alone can fix it” message for its braggadocio and feared its authoritarianism, but they did not take seriously the deep soil in which it was rooted: The American system of governance is leaving too many Americans to despair and misery, too many problems unsolved, too many people disillusioned. It is captured by corporations and paralyzed by archaic rules. It is failing, and too many Democrats treat its failures as regrettable inevitabilities rather than a true crisis.But now Democrats have another chance. To avoid the mistakes of the past, three principles should guide their efforts. First, they need to help people fast and visibly. Second, they need to take politics seriously, recognizing that defeat in 2022 will result in catastrophe. The Trumpist Republican Party needs to be politically discredited through repeated losses; it cannot simply be allowed to ride back to primacy on the coattails of Democratic failure. And, finally, they need to do more than talk about the importance of democracy. They need to deepen American democracy.The good news is that Democrats have learned many of these lessons, at least in theory. The $1.9 trillion rescue plan Biden proposed is packed with ideas that would make an undeniable difference in people’s lives, from $1,400 checks to paid leave to the construction of a national coronavirus testing infrastructure that will allow some semblance of normal life to resume.And congressional Democrats have united behind sweeping legislation to expand American democracy. The “For The People Act,” which House Democrats passed in 2019 and Senate Democrats have said will be their first bill in the new session, would do more to protect and expand the right to vote than any legislation passed since the Great Society, and it would go a long way toward building a fairer and more transparent campaign financing system. In June, House Democrats passed a bill granting statehood to Washington, D.C., which would end one of the most appalling cases of systematic disenfranchisement in the country.“It’s time for boldness, for there is so much to do,” Biden said in his Inaugural Address. “This is certain, I promise you: We will be judged, you and I, by how we resolve these cascading crises of our era.”But none of these bills will pass a Senate in which the filibuster forces 60-vote supermajorities on routine legislation. And that clarifies the real question Democrats face. They have plenty of ideas that could improve people’s lives and strengthen democracy. But they have, repeatedly, proven themselves more committed to preserving the status quo of the political system than fulfilling their promises to voters. They have preferred the false peace of decorum to the true progress of democracy. If they choose that path again, they will lose their majority in 2022, and they will deserve it.Just Help PeopleThe last time Democrats won the White House, the Senate and the House was in 2008, and they didn’t squander the moment. They passed the stimulus and Obamacare and Dodd-Frank. They saved the auto industry and prevented a second Great Depression and, for good measure, drove the largest investment in clean energy infrastructure in American history.But too little of their work was evident in 2010, when Democrats were running for re-election. The result was, as President Barack Obama put it, “a shellacking.” Democrats lost six Senate seats and 63 House seats. They also lost 20 state legislatures, giving Republicans control of the decennial redistricting process.Democrats have less margin for error in 2021 than they did in 2009. Their congressional majorities are smaller — 50 seats in the Senate versus 60, and 222 seats in the House versus 257. Republican dominance of redistricting efforts, and a growing Senate and Electoral College bias toward red states, has tilted the electoral map against them. The nationalization of politics has shrunk ticket-splitting voters down to a marginal phenomenon, making it harder for red and purple state Democrats to separate themselves from the fortunes of the national party.In 2009, Democrats might reasonably have believed they had a few election cycles in which to govern, to tweak their bills and programs, to see the fruits of their governance. In 2021, no such illusion is possible.Tom Perriello is the executive director of U.S. programs at the Open Society Foundations. But in 2009, he was a newly elected Democrat from Virginia’s Fifth district, where he’d narrowly beaten a Republican. Two years later, Republicans took back his seat. They still hold it. Democrats cannot allow a wipeout in 2022 like they suffered in 2010, and looking back, Perriello told me what he thought Democrats could’ve done to save his seat.“There’s a belief among a certain set of Democrats that taking an idea and cutting it in half makes it a better idea when it just makes it a worse idea,” he says. As we talk, he ticks off the examples: The stimulus bill was whittled down and down, ending far beneath what economists thought necessary to rescue the economy. The House’s more populist health reform bill — which included a public option, heftier subsidies and was primarily financed by taxing the rich — was cast aside in favor of the Senate’s stingier, more complex proposal. The House passed “cramdown” legislation, which would have allowed bankruptcy judges to alter the terms of mortgages so banks took losses and homeowners would have been more likely to keep their homes, but the bill failed in the Senate, and the impression took hold — correctly — that Congress was bailing out the banks, but not desperate homeowners.Credit…Hudson ChristieThe Obama administration believed that if you got the policy right, the politics would follow. That led, occasionally, to policies that almost entirely abandoned politics, so deep ran the faith in clever design. The Making Work Pay tax credit, which was a centerpiece of the Recovery Act, was constructed to be invisible — the Obama administration, working off new research in behavioral economics, believed Americans would be more likely to spend a windfall that they didn’t know they got. “When all was said and done, only around 10 percent of people who received benefits knew they had received something from the government,” says Suzanne Mettler, a political scientist at Cornell. You don’t get re-elected for things voters don’t know you did.Nor do you get re-elected for legislation voters cannot yet feel. The Affordable Care Act didn’t begin delivering health insurance on a mass scale until four years after the bill’s passage. That reflected a doomed effort to win Republican support by prioritizing private insurance and a budgetary gimmick meant to keep the total price tag under a trillion dollars over 10 years. Obamacare eventually became a political winner for Democrats, but it took the better part of a decade. A simpler, faster, more generous bill would have been better politics and better policy.“Democrats are famous for 87-point programs which sometimes do some good but nobody understands what they are,” Senator Sanders said. “What we need to do now is, in very bold and clear ways, make people understand government is directly improving their lives.”That’s particularly important in a time of fractured media, polarized parties and widespread disinformation. Democrats cannot rely on widely trusted media figures or civic leaders to validate their programs. Policy has to speak for itself and it has to speak clearly.“The wisdom from much of the political science research is that partisanship trumps everything,” says Amy Lerman, a political scientist at the University of California at Berkeley, and author of “Good Enough for Government Work.” “But one of the insights from the policy feedback literature in particular is that when people experience policy, they don’t necessarily experience it as partisans. They experience it as a parent sending their child to school or a patient visiting a doctor, not as a Democrat or Republican. And because people are often thinking in nonpolitical terms during their day-to-day lives, they are much more open to having their views changed when they see the actual, tangible benefits of a policy in their lives. It’s a way of breaking through partisanship.”Make the Senate Great AgainPresident Biden’s agenda will live or die in the Senate. Odds are it will die, killed by the filibuster.The modern Senate has become something the Founders never intended: a body where only a supermajority can govern. From 1941 to 1970, the Senate only took 36 votes to break filibusters. In 2009 and 2010 alone, they took 91. Here’s the simple truth facing the Democratic agenda: In a Senate without a filibuster, they have some chance of passing some rough facsimile of the agenda they’ve promised. In a Senate with a filibuster, they do not.“I’ve said to the president-elect, ‘reach out across the aisle. Try to work with the Republicans. But don’t let them stymie your program,’” Representative Jim Clyburn, the House majority whip, told me. “You can’t allow the search for bipartisanship to ruin the mandate the American people gave you.’”This is a lesson the Obama administration learned the hard way. Tellingly, both Obama and Harry Reid, the Senate majority leader at the beginning of the Obama administration, have come to support the elimination of the filibuster. “It’s not a question of if the filibuster will be gone, but when it’ll be gone,” Reid told me by phone. “You cannot have a democratic body where it takes 60 percent of the vote to get anything done.”When I asked Biden, during the campaign, about filibuster reform, he was reluctant, but not definitively opposed. “I think it’s going to depend on how obstreperous they” — meaning Republicans — “become, and if they become that way,” he replied. “I have not supported the elimination of the filibuster because it has been used as often to protect rights I care about as the other way around. But you’re going to have to take a look at it.”Senate Democrats could eliminate the filibuster if every single one of them wanted to, but even a single defection would doom them. Senator Joe Manchin has promised to be that defection. Mere days after the election, he went on Fox News and said, “I commit to you tonight, and I commit to all of your viewers and everyone else that’s watching. I want to allay those fears, I want to rest those fears for you right now because when they talk about whether it be packing the courts, or ending the filibuster, I will not vote to do that.”Red state Democrats like Manchin have long held to a political strategy in which public opposition to their party’s initiatives proves their independence and moderation. And there was a time when that strategy could work. But the nationalized, polarized structure of modern American politics has ended it.Ticket-splitting has been on a sharp decline for decades, and it has arguably reached a nearly terminal point. According to calculations by the Democratic data analyst David Shor, the correlation between the statewide vote for Senate Democrats and the statewide vote for the Democratic presidential candidate was 71 percent in 2008. High, which is why Obama’s sagging approval ratings hurt Democrats so badly in 2010, but there was still some room to maneuver. But by 2016, it was 93.2 percent. And in 2020, it was 94.5 percent. With few exceptions — and Senator Manchin, admittedly, has been one — Democrats live or die together. They certainly win or lose the majority together.To give Manchin his due, a more high-minded fear — shared by others in his caucus — is that we have just come through a long, ugly period of partisan norm-breaking. Surely the answer to Trump’s relentless assaults on decorum, to Mitch McConnell’s rewriting of Senate rules, is a return to the comity they cast off, to the traditions they’ve violated, to the bipartisanship they abandoned. A version of this may appeal to Biden, too: Trump stretched the boundaries of executive authority, so perhaps he should retreat, offering more deference to Congress and resisting opportunities to go it alone, even when stymied by Republicans. But if this is what he means by “unity,” it will just empower the merchants of division.In their book, Howell and Moe write that this is a common, but dangerously counterproductive, response to populist challengers. Defenders of the political system, eager to show that normalcy has returned, often embrace the very defects and dysfunctions that gave rise to the populist leader in the first place. The nightmare scenario is that Trump is defeated, driven from office, and that augurs in an era when even less appears to get done, as President Biden submits to congressional paralysis while embracing a calmer communications strategy. If Democrats permit that to happen, they will pave the road for the next Trump-like politician, one who will be yet more disciplined and dangerous than Trump.Democrats for Democracy“Democracy is precious,” Biden said at his inauguration. “Democracy is fragile. And at this hour, my friends, democracy has prevailed.”It’s a stirring sentiment, but wrong. Democracy barely survived. If America actually abided by normal democratic principles, Trump would have lost in 2016, after receiving almost three million fewer votes than Hillary Clinton. The American people did not want this presidency, but they got it anyway, and the result was carnage. In 2020, Trump lost by about seven million votes, but if about 40,000 votes had switched in key states, he would have won anyway. The Senate is split 50-50, but the 50 Democrats represent more than 41 million more Americans than the 50 Republicans. This is not a good system.Democracy is designed as a feedback loop. Voters choose leaders. Leaders govern. Voters judge the results, and either return the leaders to power, or give their opponents a chance. That feedback loop is broken in American politics. It is broken because of gerrymandering, because of the Senate, because of the filibuster, because of the Electoral College, because we have declared money to be speech and allowed those with wealth to speak much more loudly than those without.It is also broken because we directly disenfranchise millions of Americans. In the nation’s capital, 700,000 residents have no vote in the House or Senate at all. The same is true in Puerto Rico, which, with 3.2 million residents, is larger than 20 existing states. For decades, Democrats promised to offer statehood to residents of both territories, but have never followed through. It is no accident that these are parts of the country largely populated by Black and Hispanic voters. If Democrats believe anything they have said over the past year about combating structural racism and building a multiethnic democracy, then it is obvious where they must start.“It would be a devastating civil rights failure if we didn’t achieve statehood now,” Stasha Rhodes, the campaign director of 51 for 51, which advocates D.C. statehood, told me. “It would also be a sign that Democrats are not interested in restoring and strengthening American democracy. We can no longer say Republicans are anti-democracy when we now have a chance to restore and create the democracy we say is important, and then we don’t do it.”After Representative John Lewis died, Obama used his eulogy to address those in Congress who called Lewis a hero but allowed the rights to which he had devoted his life to wither. “You want to honor John? Let’s honor him by revitalizing the law that he was willing to die for. And by the way, naming it the John Lewis Voting Rights Act, that is a fine tribute.” And, he continued, “if all this takes is eliminating the filibuster — another Jim Crow relic — in order to secure the God-given rights of every American, then that’s what we should do.”Democracy is worth fighting for, not least because it’s the fight that will decide all the others. “One of the things a Trump administration has shown is that democracy is inextricably linked to the things that matter to Americans,” Ms. Rhodes said. “The rules are not separate from the issues. If you want effective Covid response, if you want robust gun violence prevention, if you want a strong economy, then you need a true American democracy.”The Vaccine OpportunityGreat presidencies — and new political eras — are born of crises. Thus far, America has bobbled its vaccination rollout. But the fault doesn’t lie only with Trump. In blue states where Democrats command both power and resources, like California and New York, overly restrictive eligibility criteria slowed the rollout, and huge numbers of shots were locked in freezers. It’s an embarrassment.A successful mass immunization campaign will save lives, supercharge the economy and allow us to hug our families and see our friends again. Few presidents, outside the worst of wartime, have entered office with as much opportunity to better people’s lives immediately through competent governance.Biden’s team understands that. Their $20 billion plan to use the full might of the federal government to accelerate vaccinations hits all the right notes. But it’s attached to their $1.9 trillion rescue plan, which needs 10 Republican votes it doesn’t have in order to pass over a filibuster (Senator Mitt Romney already dismissed it as “not well-timed”). Letting the resources required to vaccinate the country — and to set up mass testing and to prevent an economic crisis — become entangled in Republican obstruction for weeks or months would be a terrible mistake.Here, too, Democrats will quickly face a choice: To leave their promises to the American people to the mercies of Mitch McConnell, or to change the Senate so they can change the course of the country.Some, at least, say they’ve learned their lesson. “I’m going to do everything I can to bring people together,” says Senator Ron Wyden, who will chair the powerful Senate Finance Committee, “but I’m not just going to stand around and do nothing while Mitch McConnell ties everyone up in knots.” They will all need to be united on this point for it to matter.In her book “Good Enough for Government Work,” Ms. Lerman argues that the U.S. government is caught in a reputation crisis where its poor performance is assumed, the public is attuned to its flaws and misses its virtues, and fed up citizens stop using public services, which further harms the quality of those services. The Trump years add another dimension to the analysis: Frustration with a government that doesn’t solve problems leads people to vote for demagogic outsiders who create further crises. But this is not an inevitability. Her titular phrase, she notes, “originated during World War II to describe the exacting standards and high quality required by government.” It was only in the 1960s and ’70s that it became a slur.It is no accident that World War II led to the idea that government work was a standard to strive for, not an outcome to fear. Crises remind us of what government is for in the first place. President Biden has an extraordinary opportunity to change the relationship between the people and their government. If he succeeds, he will not only deprive authoritarian populists like Trump of energy, he will give Democrats a chance to win over voters who’ve lost faith in them and he will give voice to millions more that the American political system has silenced. “The best thing we can do right now to reduce levels of anger and frustration on both sides of the aisle is to give people the things they need to live better lives,” says Ms. Lerman.In other words, what Democrats need to do is simple: Just help people, and do it fast.Roge Karma provided additional reporting.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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    Congress Should Bar Trump From Ever Holding Office

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesHouse Introduces ChargeHow Impeachment Might Work25th Amendment ExplainedAdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyImpeachment Isn’t the Only Option Against TrumpCongress can invoke its constitutional power to bar the president from holding office again.Deepak Gupta and Mr. Gupta is the founder of an appellate litigation law firm in Washington, D.C. Mr. Beutler is the editor in chief of Crooked Media.Jan. 12, 2021, 5:00 a.m. ETCredit…Illustration by The New York Times; photograph by Doug Mills/The New York TimesCongress should use its constitutional power to prohibit instigators and perpetrators of last week’s violent siege of the Capitol, including President Trump, from holding public office ever again.On Monday, House leaders introduced an article of impeachment against the president for “inciting violence against the government of the United States,” an obligatory action, given the gravity of the president’s transgression. But this is not the only route for ensuring accountability. The Constitution has another provision that is tailor-made for the unthinkable, traitorous events of Jan. 6 that goes beyond what impeachment can accomplish.Emerging from the wreckage of the Civil War, Congress was deeply concerned that former leaders of the Confederacy would take over state and federal offices to once again subvert the constitutional order. To prevent that from happening, Congress passed the 14th Amendment, which in Section 3 bars public officials and certain others who have “engaged in insurrection or rebellion” against the Constitution from serving in public office. Although little known today, Section 3 was used in the post-Civil War era to disqualify former rebels from taking office. And, in the wake of perhaps the boldest domestic attack on our nation’s democracy since the Civil War, Section 3 can once again serve as a critical tool to protect our constitutional order.The 14th Amendment gives Congress the power to enforce Section 3 through legislation. So Congress can immediately pass a law declaring that any person who has ever sworn to defend the Constitution — from Mr. Trump to others — and who incited, directed, or participated in the Jan. 6 assault “engaged in insurrection or rebellion” and is therefore constitutionally disqualified from holding office in the future.Congress can also decide how this legislation will be enforced by election officials and the courts, based on all the facts as they come out. The Constitution prohibits Congress from enacting so-called bills of attainder, which single out individuals for guilt. But, in addition to the legislation we suggest, Congress could also pass nonbinding sense-of-Congress resolutions that specify whom they intend to disqualify. This would provide a road map for election officials and judges, should any people named in those resolutions seek to run for or hold public office. And Congress can do this by a simple majority — far less of a hurdle than the two-thirds majority in the Senate that removing the president requires.We believe legislators of conscience should brandish this option not as a substitute for impeachment but as a complement to it. Senators shouldn’t be allowed to escape or indefinitely delay a vote on Mr. Trump’s conduct simply by running out the clock on his term. (The Senate majority leader, Mitch McConnell, has suggested no trial will happen before the inauguration.) Republicans should be on notice that whether or not they face a vote on conviction and removal of Mr. Trump, they will at the very least be compelled to vote by a Democratic-controlled Congress on barring Mr. Trump from ever holding public office again.This option also has power that the impeachment process lacks. As we learn more in the coming months about who is culpable for the siege, the ranks of those disqualified from office will likely swell. The legislation we envision would allow future courts and decision makers to apply the law after the investigations are complete. Eventually, we should have a 9/11 Commission-style report on what led to these events; the facts marshaled there can be deployed under the legislation we propose.We don’t suggest this course of action lightly. It would not have applied to a peaceful protest on the Capitol grounds — even one made to make lawmakers feel uncomfortable as they attended to their ministerial duties. It still would not have applied if the Jan. 6 protests had culminated only in street violence, as several other pro-Trump gatherings in recent months did. The First Amendment protects unruly dissent.But this was a unique event in American history: an obstruction by force of a constitutional process, at the very seat of our government. Parading the Confederate battle flag through the halls of Congress, the insurrectionists interrupted the certification of the election results for several hours and cemented this presidential transition as one marked by deadly violence. Washington’s mayor and congressional leaders concluded that it was necessary to call in the National Guard to quell the insurrection. Had a single additional layer of security failed, many elected officials, including the vice president and the speaker of the House — both of whom are constitutional officers — might have been killed. All to the end of preventing the winner of the 2020 election from taking power.Make no mistake: This was an insurrection. The 14th Amendment disqualifies its instigators from public office, whether the president is convicted in a Senate trial or not.Deepak Gupta is the founder of the appellate litigation firm Gupta Wessler in Washington and a lecturer at Harvard Law School. Brian Beutler is the editor in chief of Crooked Media, which covers politics and culture. He previously was an editor at The New Republic.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More