We Already Tried Libertarianism - It Was Called Feudalism

Jun 11, 2013Mike Konczal

Bob Dole recently said that neither he nor Ronald Reagan would count as conservatives these days. It’s worth noting that John Locke probably wouldn’t count as a libertarian these days, either.

Michael Lind had a column in Salon in which he asked, “[i]f libertarians are correct in claiming that they understand how best to organize a modern society, how is it that not a single country in the world in the early twenty-first century is organized along libertarian lines?” EJ Dionne agrees. Several libertarians argue that the present is no guide, because the (seasteading?) future belongs to libertarians.

I’d actually go in a different direction and say the past belonged to libertarians. We tried libertarianism for a long time; it was called feudalism. That modern-day libertarianism of the Nozick-Rand-Rothbard variety resembles feudalism, rather than some variety of modern liberalism, is a great point made by Samuel Freeman in his paper "Illiberal Libertarians: Why Libertarianism Is Not a Liberal View." Let’s walk through it.

Freeman notes that there are several key institutional features of liberal political structures shared across a variety of theorists. First, there’s a set of basic rights each person equally shares (speech, association, thought, religion, conscience, voting and holding office, etc.) that are both fundamental and inalienable (more on those terms in a bit). Second, there’s a public political authority which is impartial, institutional, continuous, and held in trust to be acted on in a representative capacity. Third, positions should be open to talented individuals alongside some fairness in equality of opportunity. And last, there’s a role for governments in the market for providing public goods, checking market failure, and providing a social minimum.

The libertarian state, centered solely around ideas of private property, stands in contrast to all of these. I want to stick with the libertarian minimal state laid out by Robert Nozick in Anarchy, State, and Utopia (ASU), as it's a landmark in libertarian thought, and I just re-read it and wanted to write something about it. Let’s look at how it handles each of the political features laid out above.

Rights. Libertarians would say that of course they believe in basic rights, maybe even more than liberals! But there’s a subtle trick here.

For liberals, basic rights are fundamental, in the sense that they can’t be compromised or traded against other, non-basic rights. They are also inalienable; I can’t contractually transfer away or otherwise give up my basic rights. To the extent that I enter contracts that do this, I have an option of exit that restores those rights.

This is different from property rights in specific things. Picture yourself as a person with a basic right to association, who also owns a wooden stick. You can sell your stick, or break it, or set it on fire. Your rights over the stick are alienable - you don’t have the stick anymore once you’ve done those things. Your rights to the stick are also not fundamental. Given justification, the public could regulate its use (say if it were a big stick turned into a bridge, it may need to meet safety requirements), in a way that the liberal state couldn’t regulate freedom of association.

When libertarians say they are for basic rights, what they are really saying is that they are for treating what liberals consider basic rights as property rights. Basic rights receive no more, or less, protection than other property rights. You can easily give them up or bargain them away, and thus alienate yourself from them. (Meanwhile, all property rights are entirely fundamental - they can never be regulated.)

How is that possible? Let’s cut to the chase: Nozick argues you can sell yourself into slavery, a condition under which all basic liberties are extinguished. (“[Would] a free system... allow him to sell himself into slavery[?] I believe that it would.” ASU 331) The minimal libertarian state would be forced to acknowledge and enforce contracts that permanently alienate basic liberties, even if the person in question later wanted out, although the liberal state would not at any point acknowledge such a contract.

If the recession were so bad that millions of people started selling themselves into slavery, or entering contracts that required lifelong feudal oaths to employers and foregoing basic rights, in order to survive, this would raise no important liberty questions for the libertarian minimal state. If this new feudal order were set in such a way that it persisted across generations, again, no problem. As Freeman notes, “what is fundamentally important for libertarians is maintaining a system of historically generated property rights...no attention is given to maintaining the basic rights, liberties, and powers that (according to liberals) are needed to institutionally define a person’s freedom, independence, and status as an equal citizen.”

Government. Which brings us to feudalism. Feudalism, for Freeman, means “the elements of political authority are powers that are held personally by individuals, not by enduring political institutions... subjects’ political obligations and allegiances are voluntary and personal: They arise out of private contractual obligations and are owed to particular persons.”

What is the libertarian government? For Nozick, the minimal state is basically a protection racket (“protection services”) with a certain kind of returns to scale over an area and, after some mental cartwheels, a justification in forcing holdouts in their area to follow their rules.

As such, it is a network of private contracts, arising solely from protection and arbitration services, where political power also remains in private hands and privately exercised. The protection of rights is based on people’s ability to pay, bound through private authority and bilateral, individual contracts. “Protection and enforcement of people’s rights is treated as an economic good to be provided by the market,” (ASU 26) with governments as a for-profit corporate entities.

What doesn’t this have? There is no impartial, public power. There’s no legislative capacity that is answerable to the people in a non-market form. There’s no democracy and universal franchise with equal rights of participation. Political power isn’t to be acted on in a representative capacity toward public benefit, but instead toward private ends. Which is to say, it takes the features we associate with public, liberal government power and replaces them with feudal, private governance.

Opportunity. Liberals believe that positions should be open for all with talent, and that public power should be utilized to ensure disadvantaged groups have access to opportunities. Libertarianism believes that private, feudal systems of exclusion, hierarchy, and domination are perfectly fine, or at least that there is no legitimate public purpose in checking these private relationships. As mentioned above, private property rights are fundamental and cannot be balanced against other concerns like opportunity. Nozick is clear on this (“No one has a right to something whose realization requires certain uses of things and activities that other people have right and entitlements over.” ASU 238).

Do we need more? How about Rand Paul, one of the leading advocates for libertarianism, explaining why he wouldn’t vote for the Civil Rights Act: “I abhor racism. I think it’s a bad business decision to exclude anybody from your restaurant — but, at the same time, I do believe in private ownership.”

Markets. The same goes for markets, where Nozick is pretty clear: no interference. “Taxation of earnings from labor is on a par with forced labor.” (ASU, 169) Nozick thinks it is likely that his entitlement theory will lead to an efficient distribution of resources and avoid market problems, but he doesn’t particularly require it and contrasts himself with end-staters who assume it will. “Distribution according to benefits to others is a major patterned strand in a free capitalist society, as Hayek correctly points out, but it is only a strand and does not constitute the whole pattern of a system of entitlements.” (ASU 158)

I sometimes see arguments about how bringing “markets” into the provision of government services makes it more libertarian. Privatizing Social Security, bringing premium support to Medicare, or having vouchers for public education is more libertarian than the status quo. Again, it’s not clear to me why libertarians would think taxation for public, in-kind provisioning is a form of slavery and forced labor while running these services through private agents is not.

You could argue that introducing markets into government services respects economic liberty as a basic liberty, or does a better job of providing for the worst off, or leaves us all better off overall. But these aren’t libertarian arguments; they are the types of arguments Nozick spends Part II of ASU taunting, trolling, or otherwise bulldozing.

Three last thoughts. (1) Do read Atossa Abrahamian on actually existing seasteading. (2) It’s ironic that liberalism first arose to bury feudal systems of private political power, and now libertarians claim the future of liberalism is in bringing back those very same systems of feudalism. (3) Sometimes libertarians complain that the New Deal took the name liberal, which is something they want to claim for themselves. But looking at their preferred system as it is, I think people like me will be keeping the name “liberal.” We do a better job with it.

Follow or contact the Rortybomb blog:

  

 

Bob Dole recently said that neither he nor Ronald Reagan would count as conservatives these days. It’s worth noting that John Locke probably wouldn’t count as a libertarian these days, either.

Michael Lind had a column in Salon in which he asked, “[i]f libertarians are correct in claiming that they understand how best to organize a modern society, how is it that not a single country in the world in the early twenty-first century is organized along libertarian lines?” EJ Dionne agrees. Several libertarians argue that the present is no guide, because the (seasteading?) future belongs to libertarians.

I’d actually go in a different direction and say the past belonged to libertarians. We tried libertarianism for a long time; it was called feudalism. That modern-day libertarianism of the Nozick-Rand-Rothbard variety resembles feudalism, rather than some variety of modern liberalism, is a great point made by Samuel Freeman in his paper "Illiberal Libertarians: Why Libertarianism Is Not a Liberal View." Let’s walk through it.

Freeman notes that there are several key institutional features of liberal political structures shared across a variety of theorists. First, there’s a set of basic rights each person equally shares (speech, association, thought, religion, conscience, voting and holding office, etc.) that are both fundamental and inalienable (more on those terms in a bit). Second, there’s a public political authority which is impartial, institutional, continuous, and held in trust to be acted on in a representative capacity. Third, positions should be open to talented individuals alongside some fairness in equality of opportunity. And last, there’s a role for governments in the market for providing public goods, checking market failure, and providing a social minimum.

The libertarian state, centered solely around ideas of private property, stands in contrast to all of these. I want to stick with the libertarian minimal state laid out by Robert Nozick in Anarchy, State, and Utopia (ASU), as it's a landmark in libertarian thought, and I just re-read it and wanted to write something about it. Let’s look at how it handles each of the political features laid out above.

Rights. Libertarians would say that of course they believe in basic rights, maybe even more than liberals! But there’s a subtle trick here.

For liberals, basic rights are fundamental, in the sense that they can’t be compromised or traded against other, non-basic rights. They are also inalienable; I can’t contractually transfer away or otherwise give up my basic rights. To the extent that I enter contracts that do this, I have an option of exit that restores those rights.

This is different from property rights in specific things. Picture yourself as a person with a basic right to association, who also owns a wooden stick. You can sell your stick, or break it, or set it on fire. Your rights over the stick are alienable - you don’t have the stick anymore once you’ve done those things. Your rights to the stick are also not fundamental. Given justification, the public could regulate its use (say if it were a big stick turned into a bridge, it may need to meet safety requirements), in a way that the liberal state couldn’t regulate freedom of association.

When libertarians say they are for basic rights, what they are really saying is that they are for treating what liberals consider basic rights as property rights. Basic rights receive no more, or less, protection than other property rights. You can easily give them up or bargain them away, and thus alienate yourself from them. (Meanwhile, all property rights are entirely fundamental - they can never be regulated.)

How is that possible? Let’s cut to the chase: Nozick argues you can sell yourself into slavery, a condition under which all basic liberties are extinguished. (“[Would] a free system... allow him to sell himself into slavery[?] I believe that it would.” ASU 331) The minimal libertarian state would be forced to acknowledge and enforce contracts that permanently alienate basic liberties, even if the person in question later wanted out, although the liberal state would not at any point acknowledge such a contract.

If the recession were so bad that millions of people started selling themselves into slavery, or entering contracts that required lifelong feudal oaths to employers and foregoing basic rights, in order to survive, this would raise no important liberty questions for the libertarian minimal state. If this new feudal order were set in such a way that it persisted across generations, again, no problem. As Freeman notes, “what is fundamentally important for libertarians is maintaining a system of historically generated property rights...no attention is given to maintaining the basic rights, liberties, and powers that (according to liberals) are needed to institutionally define a person’s freedom, independence, and status as an equal citizen.”

Government. Which brings us to feudalism. Feudalism, for Freeman, means “the elements of political authority are powers that are held personally by individuals, not by enduring political institutions... subjects’ political obligations and allegiances are voluntary and personal: They arise out of private contractual obligations and are owed to particular persons.”

What is the libertarian government? For Nozick, the minimal state is basically a protection racket (“protection services”) with a certain kind of returns to scale over an area and, after some mental cartwheels, a justification in forcing holdouts in their area to follow their rules.

As such, it is a network of private contracts, arising solely from protection and arbitration services, where political power also remains in private hands and privately exercised. The protection of rights is based on people’s ability to pay, bound through private authority and bilateral, individual contracts. “Protection and enforcement of people’s rights is treated as an economic good to be provided by the market,” (ASU 26) with governments as a for-profit corporate entities.

What doesn’t this have? There is no impartial, public power. There’s no legislative capacity that is answerable to the people in a non-market form. There’s no democracy and universal franchise with equal rights of participation. Political power isn’t to be acted on in a representative capacity toward public benefit, but instead toward private ends. Which is to say, it takes the features we associate with public, liberal government power and replaces them with feudal, private governance.

Opportunity. Liberals believe that positions should be open for all with talent, and that public power should be utilized to ensure disadvantaged groups have access to opportunities. Libertarianism believes that private, feudal systems of exclusion, hierarchy, and domination are perfectly fine, or at least that there is no legitimate public purpose in checking these private relationships. As mentioned above, private property rights are fundamental and cannot be balanced against other concerns like opportunity. Nozick is clear on this (“No one has a right to something whose realization requires certain uses of things and activities that other people have right and entitlements over.” ASU 238).

Do we need more? How about Rand Paul, one of the leading advocates for libertarianism, explaining why he wouldn’t vote for the Civil Rights Act: “I abhor racism. I think it’s a bad business decision to exclude anybody from your restaurant — but, at the same time, I do believe in private ownership.”

Markets. The same goes for markets, where Nozick is pretty clear: no interference. “Taxation of earnings from labor is on a par with forced labor.” (ASU, 169) Nozick thinks it is likely that his entitlement theory will lead to an efficient distribution of resources and avoid market problems, but he doesn’t particularly require it and contrasts himself with end-staters who assume it will. “Distribution according to benefits to others is a major patterned strand in a free capitalist society, as Hayek correctly points out, but it is only a strand and does not constitute the whole pattern of a system of entitlements.” (ASU 158)

I sometimes see arguments about how bringing “markets” into the provision of government services makes it more libertarian. Privatizing Social Security, bringing premium support to Medicare, or having vouchers for public education is more libertarian than the status quo. Again, it’s not clear to me why libertarians would think taxation for public, in-kind provisioning is a form of slavery and forced labor while running these services through private agents is not.

You could argue that introducing markets into government services respects economic liberty as a basic liberty, or does a better job of providing for the worst off, or leaves us all better off overall. But these aren’t libertarian arguments; they are the types of arguments Nozick spends Part II of ASU taunting, trolling, or otherwise bulldozing.

Three last thoughts. (1) Do read Atossa Abrahamian on actually existing seasteading. (2) It’s ironic that liberalism first arose to bury feudal systems of private political power, and now libertarians claim the future of liberalism is in bringing back those very same systems of feudalism. (3) Sometimes libertarians complain that the New Deal took the name liberal, which is something they want to claim for themselves. But looking at their preferred system as it is, I think people like me will be keeping the name “liberal.” We do a better job with it.

Follow or contact the Rortybomb blog:

  

 

Jousting knights image via Shutterstock.com

Share This

Daily Digest - June 11: Selling You Cracker Jack For Peanuts

Jun 11, 2013Rachel Goldfarb

Click here to receive the Daily Digest via email.

Take Me Out to the Ball Game — But Pay Me a Living Wage (Bill Moyers)

Click here to receive the Daily Digest via email.

Take Me Out to the Ball Game — But Pay Me a Living Wage (Bill Moyers)

Michael Winship writes on the side of America's pastime that isn't making the big bucks: concession workers. The company contracted by the San Francisco Giants pays their staff only $11,000 per year and puts impossible limits on obtaining benefits.

Why a Romney economic adviser wants the government to just hire people (WaPo)

Dylan Matthews spoke to Kevin Hassett, economic advisor to Republican candidates in the past four presidential elections, who has come to realize that unless the government intervenes, the long term unemployed are going to stay that way.

America Just Loves Firing Government Workers (The Atlantic)

Jordan Weissman is tired of watching Washington sabotage the economy by laying off federal employees. For every ten jobs we've added in the last three months, the government has shed one.

No, Public Sector Jobs Do Not Crowd Out Private Sector Ones (On The Economy)

Jared Bernstein has run the numbers, and there's no proof that creating more government jobs would reduce growth in the private sector. That raises the question: why aren't we creating more government jobs so that more people are employed?

Unemployment Benefits and Actual Unemployment: An Analogy (NYT)

Paul Krugman makes an excellent analogy between unemployment benefits and speed limits. We would not expect less rush hour traffic if the speed limit were raised from 55 to 65, so why do people think cutting benefits will reduce unemployment?

I Would Desire That You Pay the Ladies (TAP)

E.J. Graff wonders how we are still dealing with the wage gap, fifty years after the passage of the Equal Pay Act. One option she suggests is that our real societal taboo is money, and perhaps by not discussing it women don't notice that it's missing.

The Quiet Closing of Washington (Robert Reich)

Robert Reich argues that as partisan conflict halts Congress, partisan control in the states is creating a deepening policy divide between red states and blue states. He's worried that this split will make it hard to see "one nation."

Share This

Liberal Wonk Blogging Could Be Your Life

May 9, 2013Mike Konczal

As the Reinhart-Rogoff story started up, Peter Frase of Jacobin wrote a critique of liberal wonk bloggers titled “The Perils of Wonkery.” Now that things have calmed down, I’m going to respond. Fair warning: this post will be a bit navel-gazing.

I recommend reading Peter’s post first, but to summarize, it makes two broad claims against liberal wonk bloggers. The first is the critique of the academic against the journalist. This doesn’t engage why wonk blogging has evolved or the role it plays. The second critique is the leftist against the technocratic liberal, which I find doesn’t acknowledge the actual ideological space created in wonk blogging. I find both of Frase’s arguments unpersuasive and also under-theorized. Let’s take them in order.

1. Liberal Wonks in Practice

Frase, a sociologist, locates the peril of wonkery in the fact that it needs to engage with academic research that often is more complicated than the writers have the ability to critically evaluate. “The function of the wonk is to translate the empirical findings of experts for the general public.” As such they are subject to a form of source capture, where they need to rely on the experts they are reporting on, as “they will necessarily have far less expertise than the people whose findings are being conveyed.”

We can generalize this critique as one that academics make of journalists all the time. Journalists don’t understand the subtlety of research and how it often functions as a discourse that changes over time. It’s a conversation on a very long time scale, rather than a race with winners and losers. They want dramatic headlines, conflicts, and cliffhangers, often over whether something is “good” or “bad” or other topics that make academics roll their eyes. Where researchers spend a lifetime on a handful of topics, reporters bounce from topic to topic, oftentimes in the course of a single day, made even worse through the “hamster wheel” of online blogs.

That’s a problem, as far as it goes. But bad journalism is easily countered by...good journalism. Source capture actually strikes me as one of the smaller problems wonk bloggers face. If journalists are worried that they are over-influenced by their source, they can just call another expert -- which is what Wonkblog did for the Reinhart/Rogoff studies. Wonk bloggers tend to focus on a group of related areas, and like any other journalist, they develop a list of the top researchers in any area to navigate complicated issues. They call people and ask questions.

It is true that in the wonk space, judgments on where the wonk’s self-declared expertise ends and where the line should be drawn on what is covered explicitly lie with the authors themselves. But this just makes explicit what is hidden in all of journalism, which is the problem of where to draw these lines.

It’s true that these debates take place within the context of existing policy research. A friend noted that Frase’s piece rests on a weird contradiction: it’s about how wonks don’t have enough expertise, but also how expertise is just a way of power and capital exerting itself and should be resisted. But that assumes that wonk blogging is just a replication of ruling ideology.

1.a What Creates Wonks?

We’ll talk about ideology more in a minute, but it’s surprising that Frase doesn’t even try to ground his analysis in the material base of institutions that create and fashion liberal writers. Frase seems to imply that the peril derives from personality-driven ladder-climbing, or to bask in the reflected glory of Serious People; he’s a step away from saying what wonks do is all about getting invited to cocktail parties.

But let’s try to provide that context for him. Why has “wonk” analysis risen in status within the “liberal” parts of the blogosphere, and what does that tell us about our current moment?

Contrasted with their counterparts on the right, young liberal writers come up through journalistic enterprises. That’s where they build their expertise, their approaches, their sensibilities, and their dispositions, even if they go on to other forms of opinion writing. Internships at The Nation, The American Prospect, or The New Republic are a common touchstone, with the Huffington Post, TPM, and Think Progress recently joining them. Though this work has an ideological basis, the work is journalism. Pride, at the end of the day, comes from breaking stories, working sources, building narratives, and giving a clear understanding of the scale and the scope of relevant actions. And part of that reporter fashioning will involve including all sides, and acting like more of a referee than an activist.

Where do young conservatives come from? They are built up as pundits, ideological writers, or as “analysts” or “experts” at conservative think-tanks. These conservatives then go out and populate the broader conservative infrastructure. As Helen Rittlemeyer notes, one reason conservative publications are declining in quality is because they are being filled with those who work at conservative think tanks (and are thus subsidized by the tax code and conservative movement money).

This is an important distinction when you see the numerous criticisms asking for wonky liberals to get more ideological. Bhaskar Sunkara argues that liberal wonks have a kind of “rigid simplicity” that is incapable of even understanding, much less challenging, the conservative ideology it is meant to counter. Conor Williams makes a similar argument, arguing that the “wonks’ focus on policy details blinds them to political realities.” In a fascinating essay comparing wonks to conspiracy theorists like Alex Jones, Jesse Elias Spafford writes in The New Inquiry that wonks “have risen to prominence because they come wrapped in the respectable neutrality of the scientist and have eschewed the partisan bias of the demagogue” and that, instead of agreed-upon facts, “our political discussions need to grapple with ideology and psychology, and with the underlying tendencies that draw people to particular ideologies.”

But just as there are numerous pleas for liberal writers to get more ideological, there are pleas on the right for more actual journalism. The post-election version of this was from Michael Calderone at Huffington Post, ”Conservative Media Struggles For Credibility. The hook was that everyone was excited because there was finally one genuinely good conservative congressional reporter in Robert Costa. Previous versions include Tucker Carlson getting boos at CPAC for saying, “The New York Times is a liberal newspaper. They go out, and they get the facts. Conservatives need to copy that.” Connor Friedersdorf issued a similar call back in 2008: “[a] political movement cannot survive on commentary and analysis alone! Were there only as talented a cadre of young right-leaning reporters dedicated to the journalistic project...the right must conclude that we’re better off joining the journalistic project than trying to discredit it.”

Meanwhile, the attempts by actual reporters (Tucker Carlson, Matthew Continetti) to build journalistic enterprises on the right (Daily Caller, Free Beacon) have collapsed into hackish parodies. The funders are wising up; the Koch Brothers are looking to just purchase newspapers wholesale rather than trying to build them out organically through the movement.

1.b Why Liberal Wonks?

Frase also makes no attempt to understand why wonk blogging has risen right now. And even a cursory glance at the historical moment makes it clear why wonk blogging has become important. From 2009-2010, several major pieces of legislation quickly came up for debate on core economic concerns: the ARRA stimulus and more general macroeconomic stabilization, health care reform, financial reform, immigration reform, unionization law, and carbon pricing.

Some passed, some didn’t. But all of these were complicated, evolved rapidly, and needed to be explained at a quick pace. Conventional journalism wasn’t up to the task, and wonks stepped up. As these reforms unfolded, often shifting week by week, there were important battles over how to understand the individual parts. There’s a passage from Alan Brinkley about businessmen asking, in 1940, if the “basic principle of the New Deal were economically sound?” Wonks had to answer the specific questions - is the public option important? - but also explain what parts were sound and why.

So I disagree with Spafford, who writes, “The startling rise of the wonk to political prominence has been buoyed in large part by the hope that the scientific objectivity of the technocrat might finally resolve political disagreement.“ The wonk rises more with the wave of liberal legislation of the 111th United States Congress, rather than the waves of centrist deficit reduction or conservative counter-mobilization.

It’s true that the right is more ideologically coherent and part of a “movement.” But it’s not clear to me that this is working well for them right now, or that liberals would be right to try a strategy of replication. Especially as I contest that wonk blogging doesn’t have an ideological edge.

2. Liberal Wonkery as Ideology

As an aside, here's Arthur Delaney's first wonk chart:

In Frase’s mind, wonkblogging is a “way of policing ideological boundaries and maintaining the illusion that the ruling ideology is merely bi-partisan common sense.” Wonk bloggers merely reproduce technocracy, performing the Very Serious Analysis that always comes back to a set of narrow concerns that coincide with ruling interests.

But is the background ideology of liberal bloggers a “ruling ideology” committed to the status quo? I don’t buy it. First off, just the act of writing about problems and potential policy solutions casts them as problems in need of a solution. Indeed, as many on the right have noted, a crucial feature of wonk blogging isn’t the creation of “solutions” to policy problem but the creation of “problems” in the first place.

Think of some of the things liberal wonk bloggers (at least in the economics space) focus on: unemployment; lack of access to quality, affordable health care; wages decoupled from productivity. These aren’t just put out there as crappy things that are happening. Wonks don’t focus on how there’s nothing good on television, or rain on your wedding day. And the problems they signal aren’t, usually, thought of as personal failings or requiring private, civic solutions. They are problems that the public needs a response for.

What does that amount to? If you link them together, they tell a story about how unemployment is a vicious problem we can counteract, that the shocks we face in life should be insured against, that markets fail or need to be revealed as constructed. And they don’t argue “just deserts” -- that some should be left behind, or that hierarchy and inequality are virtues in and of themselves -- and instead produce analyses in support of economic and social equality. Everyone should have access to a job, or health care, or a secure retirement.

In other words, they describe the core project of modern American liberalism. Keynesian economics, social insurance, the regulatory state and political equality: wonk blogging builds all of this brick by brick from the bottom-up. Signaling where reform needs to go is increasingly being viewed as the important role pundits and analysts carry out. And rather than derive them from ideology top-down, they’re built bottom-up as a series of problems to be solved.

Wonkiness-as-ideology has its downsides, of course. In line with Frase’s critique, wonky analysis makes virtues uncritically out of economic concepts like “choice” and “markets,” while having no language for “decommodification” or “workplace democracy.” They reflect the economic language of a neoliberal age. (Though if you are Ira Katznelson, you’d argue that this wonky, technocratic, public policy focus of liberalism was baked into the cake in the late 1940s.) There’s an element of liberalism that is focused on “how do we share the fruits of our economic prosperity” that hits a wall in an age of stagnation and austerity.

But I wouldn’t trade it for what the left seems to be offering. Indeed one of the better achievements of mid-century democratic socialism, Michael Harrington’s The Other America, was proto-wonk blogging. He identified problems. He consciously didn't mention ideology, knowing full well that stating the problem in the context of actually existing solutions would create the real politics. And if he had access to modern computing, Harrington certainly would have put a lot of charts in his book and posted them online.

Follow or contact the Rortybomb blog:

  

 

As the Reinhart-Rogoff story started up, Peter Frase of Jacobin wrote a critique of liberal wonk bloggers titled “The Perils of Wonkery.” Now that things have calmed down, I’m going to respond. Fair warning: this post will be a bit navel-gazing.

I recommend reading Peter’s post first, but to summarize, it makes two broad claims against liberal wonk bloggers. The first is the critique of the academic against the journalist. This doesn’t engage why wonk blogging has evolved or the role it plays. The second critique is the leftist against the technocratic liberal, which I find doesn’t acknowledge the actual ideological space created in wonk blogging. I find both of Frase’s arguments unpersuasive and also under-theorized. Let’s take them in order.

1. Liberal Wonks in Practice

Frase, a sociologist, locates the peril of wonkery in the fact that it needs to engage with academic research that often is more complicated than the writers have the ability to critically evaluate. “The function of the wonk is to translate the empirical findings of experts for the general public.” As such they are subject to a form of source capture, where they need to rely on the experts they are reporting on, as “they will necessarily have far less expertise than the people whose findings are being conveyed.”

We can generalize this critique as one that academics make of journalists all the time. Journalists don’t understand the subtlety of research and how it often functions as a discourse that changes over time. It’s a conversation on a very long time scale, rather than a race with winners and losers. They want dramatic headlines, conflicts, and cliffhangers, often over whether something is “good” or “bad” or other topics that make academics roll their eyes. Where researchers spend a lifetime on a handful of topics, reporters bounce from topic to topic, oftentimes in the course of a single day, made even worse through the “hamster wheel” of online blogs.

That’s a problem, as far as it goes. But bad journalism is easily countered by...good journalism. Source capture actually strikes me as one of the smaller problems wonk bloggers face. If journalists are worried that they are over-influenced by their source, they can just call another expert -- which is what Wonkblog did for the Reinhart/Rogoff studies. Wonk bloggers tend to focus on a group of related areas, and like any other journalist, they develop a list of the top researchers in any area to navigate complicated issues. They call people and ask questions.

It is true that in the wonk space, judgments on where the wonk’s self-declared expertise ends and where the line should be drawn on what is covered explicitly lie with the authors themselves. But this just makes explicit what is hidden in all of journalism, which is the problem of where to draw these lines.

It’s true that these debates take place within the context of existing policy research. A friend noted that Frase’s piece rests on a weird contradiction: it’s about how wonks don’t have enough expertise, but also how expertise is just a way of power and capital exerting itself and should be resisted. But that assumes that wonk blogging is just a replication of ruling ideology.

1.a What Creates Wonks?

We’ll talk about ideology more in a minute, but it’s surprising that Frase doesn’t even try to ground his analysis in the material base of institutions that create and fashion liberal writers. Frase seems to imply that the peril derives from personality-driven ladder-climbing, or to bask in the reflected glory of Serious People; he’s a step away from saying what wonks do is all about getting invited to cocktail parties.

But let’s try to provide that context for him. Why has “wonk” analysis risen in status within the “liberal” parts of the blogosphere, and what does that tell us about our current moment?

Contrasted with their counterparts on the right, young liberal writers come up through journalistic enterprises. That’s where they build their expertise, their approaches, their sensibilities, and their dispositions, even if they go on to other forms of opinion writing. Internships at The Nation, The American Prospect, or The New Republic are a common touchstone, with the Huffington Post, TPM, and Think Progress recently joining them. Though this work has an ideological basis, the work is journalism. Pride, at the end of the day, comes from breaking stories, working sources, building narratives, and giving a clear understanding of the scale and the scope of relevant actions. And part of that reporter fashioning will involve including all sides, and acting like more of a referee than an activist.

Where do young conservatives come from? They are built up as pundits, ideological writers, or as “analysts” or “experts” at conservative think-tanks. These conservatives then go out and populate the broader conservative infrastructure. As Helen Rittlemeyer notes, one reason conservative publications are declining in quality is because they are being filled with those who work at conservative think tanks (and are thus subsidized by the tax code and conservative movement money).

This is an important distinction when you see the numerous criticisms asking for wonky liberals to get more ideological. Bhaskar Sunkara argues that liberal wonks have a kind of “rigid simplicity” that is incapable of even understanding, much less challenging, the conservative ideology it is meant to counter. Conor Williams makes a similar argument, arguing that the “wonks’ focus on policy details blinds them to political realities.” In a fascinating essay comparing wonks to conspiracy theorists like Alex Jones, Jesse Elias Spafford writes in The New Inquiry that wonks “have risen to prominence because they come wrapped in the respectable neutrality of the scientist and have eschewed the partisan bias of the demagogue” and that, instead of agreed-upon facts, “our political discussions need to grapple with ideology and psychology, and with the underlying tendencies that draw people to particular ideologies.”

But just as there are numerous pleas for liberal writers to get more ideological, there are pleas on the right for more actual journalism. The post-election version of this was from Michael Calderone at Huffington Post, ”Conservative Media Struggles For Credibility. The hook was that everyone was excited because there was finally one genuinely good conservative congressional reporter in Robert Costa. Previous versions include Tucker Carlson getting boos at CPAC for saying, “The New York Times is a liberal newspaper. They go out, and they get the facts. Conservatives need to copy that.” Connor Friedersdorf issued a similar call back in 2008: “[a] political movement cannot survive on commentary and analysis alone! Were there only as talented a cadre of young right-leaning reporters dedicated to the journalistic project...the right must conclude that we’re better off joining the journalistic project than trying to discredit it.”

Meanwhile, the attempts by actual reporters (Tucker Carlson, Matthew Continetti) to build journalistic enterprises on the right (Daily Caller, Free Beacon) have collapsed into hackish parodies. The funders are wising up; the Koch Brothers are looking to just purchase newspapers wholesale rather than trying to build them out organically through the movement.

1.b Why Liberal Wonks?

Frase also makes no attempt to understand why wonk blogging has risen right now. And even a cursory glance at the historical moment makes it clear why wonk blogging has become important. From 2009-2010, several major pieces of legislation quickly came up for debate on core economic concerns: the ARRA stimulus and more general macroeconomic stabilization, health care reform, financial reform, immigration reform, unionization law, and carbon pricing.

Some passed, some didn’t. But all of these were complicated, evolved rapidly, and needed to be explained at a quick pace. Conventional journalism wasn’t up to the task, and wonks stepped up. As these reforms unfolded, often shifting week by week, there were important battles over how to understand the individual parts. There’s a passage from Alan Brinkley about businessmen asking, in 1940, if the “basic principle of the New Deal were economically sound?” Wonks had to answer the specific questions - is the public option important? - but also explain what parts were sound and why.

So I disagree with Spafford, who writes, “The startling rise of the wonk to political prominence has been buoyed in large part by the hope that the scientific objectivity of the technocrat might finally resolve political disagreement.“ The wonk rises more with the wave of liberal legislation of the 111th United States Congress, rather than the waves of centrist deficit reduction or conservative counter-mobilization.

It’s true that the right is more ideologically coherent and part of a “movement.” But it’s not clear to me that this is working well for them right now, or that liberals would be right to try a strategy of replication. Especially as I contest that wonk blogging doesn’t have an ideological edge.

2. Liberal Wonkery as Ideology

As an aside, here's Arthur Delaney's first wonk chart:

In Frase’s mind, wonkblogging is a “way of policing ideological boundaries and maintaining the illusion that the ruling ideology is merely bi-partisan common sense.” Wonk bloggers merely reproduce technocracy, performing the Very Serious Analysis that always comes back to a set of narrow concerns that coincide with ruling interests.

But is the background ideology of liberal bloggers a “ruling ideology” committed to the status quo? I don’t buy it. First off, just the act of writing about problems and potential policy solutions casts them as problems in need of a solution. Indeed, as many on the right have noted, a crucial feature of wonk blogging isn’t the creation of “solutions” to policy problem but the creation of “problems” in the first place.

Think of some of the things liberal wonk bloggers (at least in the economics space) focus on: unemployment; lack of access to quality, affordable health care; wages decoupled from productivity. These aren’t just put out there as crappy things that are happening. Wonks don’t focus on how there’s nothing good on television, or rain on your wedding day. And the problems they signal aren’t, usually, thought of as personal failings or requiring private, civic solutions. They are problems that the public needs a response for.

What does that amount to? If you link them together, they tell a story about how unemployment is a vicious problem we can counteract, that the shocks we face in life should be insured against, that markets fail or need to be revealed as constructed. And they don’t argue “just deserts” -- that some should be left behind, or that hierarchy and inequality are virtues in and of themselves -- and instead produce analyses in support of economic and social equality. Everyone should have access to a job, or health care, or a secure retirement.

In other words, they describe the core project of modern American liberalism. Keynesian economics, social insurance, the regulatory state and political equality: wonk blogging builds all of this brick by brick from the bottom-up. Signaling where reform needs to go is increasingly being viewed as the important role pundits and analysts carry out. And rather than derive them from ideology top-down, they’re built bottom-up as a series of problems to be solved.

Wonkiness-as-ideology has its downsides, of course. In line with Frase’s critique, wonky analysis makes virtues uncritically out of economic concepts like “choice” and “markets,” while having no language for “decommodification” or “workplace democracy.” They reflect the economic language of a neoliberal age. (Though if you are Ira Katznelson, you’d argue that this wonky, technocratic, public policy focus of liberalism was baked into the cake in the late 1940s.) There’s an element of liberalism that is focused on “how do we share the fruits of our economic prosperity” that hits a wall in an age of stagnation and austerity.

But I wouldn’t trade it for what the left seems to be offering. Indeed one of the better achievements of mid-century democratic socialism, Michael Harrington’s The Other America, was proto-wonk blogging. He identified problems. He consciously didn't mention ideology, knowing full well that stating the problem in the context of actually existing solutions would create the real politics. And if he had access to modern computing, Harrington certainly would have put a lot of charts in his book and posted them online.

Follow or contact the Rortybomb blog:

  

 

Share This

After the Senate’s Gun Control Failure, FDR Points the Way Forward

Apr 19, 2013David Woolner

The gun lobby may have won the latest legislative battle, but that doesn't mean the American people should stop fighting for change.

[W]e have learned lessons in the ethics of human relationships—how devotion to the public good, unselfish service, never-ending consideration of human needs are in themselves conquering forces.

The gun lobby may have won the latest legislative battle, but that doesn't mean the American people should stop fighting for change.

[W]e have learned lessons in the ethics of human relationships—how devotion to the public good, unselfish service, never-ending consideration of human needs are in themselves conquering forces.

Democracy looks to the day when these virtues will be required and expected of those who serve the public officially and unofficially. -FDR, Rochester, MN, August 18, 1934

In the wake of the Senate’s refusal to advance legislation that would have expanded background checks for gun purchasers, President Obama gave a brief but impassioned speech in which he promised “to speak plainly and honestly” to the American people about how a bill that had the support of 90 percent of the public could not make it through the U.S. Congress. After all, the president continued, the legislation was bipartisan and designed merely “to extend the same background check rules that already apply to guns purchased from a dealer to guns purchased at shows or over the internet.” The bill, he said, showed “respect for gun owners” and “respect for the victims of gun violence”; it represented “moderation and common sense.” Moreover, a majority of United States senators voted in favor of the measure, and yet it still went down to defeat, blocked by a minority “who caved to the pressure” of the well-financed gun lobby and “started looking for an excuse—any excuse—to vote ‘no.’”

The president called this “shameful” and noted that thanks to the “willful lies” of the NRA and its allies and the “continuing distortion of Senate rules,” a minority was able to block the majority from passing a common-sense measure that would “make it harder for criminals and those with severe mental illnesses to buy a gun.” Such obstructionist tactics were far less common during the New Deal era, but FDR’s appeals to the American people to never stop fighting for progress may be the key to breaking the Senate’s current logjam.

This is not the first time President Obama has made reference to the frustration he and many other Americans feel about the relentless tendency of a minority of senators to block action by the Senate as a whole. In an equally passionate section of his recent State of the Union Address, the president pleaded again and again with Congress, not necessarily to pass the gun legislation he favored, but simply to bring the measures he outlined on gun violence to a vote because the people of Newtown, Aurora, Oak Creek, Tucson, Blacksburg, and “the countless other communities ripped open by gun violence” deserved it.

Although he did not refer to it by name, what the president is referencing here is the ever-increasing use of the filibuster by the minority party in the Senate—in this case the Republican Party—to thwart the will of the majority. Filibusters used to be a rarity. During Franklin Roosevelt’s 12-year tenure as president, for example, the filibuster was used a total of six times, including twice in the 1930s to block anti-lynching legislation. But thanks to rule changes that took place in 1975, it is now much easier for senators to use the filibuster or even the threat of a filibuster to stop legislation from coming before the Senate for an actual up or down vote.

Ironically, the changes that were instituted by the Senate leadership at that time—including a reduction in the number of votes needed to close off debate from 67 to 60 and the removal of the need for the senators involved to actually be on the floor of the Senate—were expected to make it easier—not harder—to bring legislation forward. But the effect has been just the opposite. This is especially true with respect to the removal of the need to be present in the Senate chamber, since this change has meant that virtually every piece of legislation (with the exception of budget legislation) requires a 60-vote supermajority to move forward in the Senate. 

Prior to the 1990s, the historical association of the filibuster as an exceptional measure kept the number of uses relatively low. But since the 1990s the use of the filibuster by both parties has increased dramatically, averaging 34 per year. And in the past six years, the Republican minority has used the filibuster to block or stall the Senate’s business, including the ratification of federal judges and other top government officials, over 170 times.

As President Obama noted in his remarks in the Rose Garden on the Senate’s failure to move the gun control provisions forward, a number of senators have characterized their blocking move as a “victory.” But given the Constitution’s unequivocal language about majority rule in the Senate (not to mention the fact that there is no mention of the filibuster) and polling data that shows 9 out of 10 Americans support expanding background checks for gun purchases, the president is right to ask, “a victory for who? A victory for what? ...It begs the question, who are we here to represent?”

He is also right to urge the American people to act on their frustration in the one place where they can truly make a difference—in the voting booth. The president’s insistence that we can still bring about meaningful change to reduce gun violence so long as we “don’t give up on it,” demand action from our representatives, and when action is not forthcoming, “send the right people to Washington,” is not unlike the advice that FDR gave the American people in the dark days of the mid-1930s. We should remember that FDR’s efforts to use government to affect such meaningful reforms as Social Security, unemployment insurance, or the regulation of the stock market also elicited fierce opposition from a small but vocal minority that claimed these measures were an affront to the American people’s basic liberties.

But in response to these shrill efforts to stifle reform by attacking government, FDR had a simple answer. As he told an audience gathered in Marietta, Ohio in 1938:

Let us not be afraid to help each other—let us never forget that government is ourselves and not an alien power over us. The ultimate rulers of our democracy are not a president and senators and congressmen and government officials but the voters of this country.

I believe that the American people, not afraid of their own capacity to choose forward-looking representatives to run their government, want the same cooperative security and have the same courage to achieve it, in 1938, as in 1788. I am sure they know that we shall always have a frontier—of social and economic problems—and that we must always move in to bring law and order to it. In that confidence I am pushing on. I am sure that the people of the Nation will push on with me.

President Obama is right. The effort to bring about meaningful reform of the nation’s gun laws is not over, and if this Congress refuses to listen to the American people, then the voters have every right to send new representatives to Washington who will. But given the power and wealth of such anti-government special interest groups as the NRA, President Obama, like Franklin Roosevelt before him, will need to keep reminding the American people that government is indeed “ourselves,” and if we do not want it to become “an alien power over us,” each of us will need to take our responsibility to vote seriously. As things stand right now, the very essence of our democracy may depend on it. 

David Woolner is a Senior Fellow and Hyde Park Resident Historian for the Roosevelt Institute. He is currently writing a book entitled Cordell Hull, Anthony Eden and the Search for Anglo-American Cooperation, 1933-1938.

Share This

The Fork in the Road Already Facing Obama's Second-Term Agenda

Feb 25, 2013Bo Cutter

President Obama has a limited amount of time to accomplish his second-term goals, so there's no time like the present to go big.

Admittedly it is absurdly early to be suggesting that President Obama's second term is at a crucial fork in the road. But I think that's where we are and here's why.

President Obama has a limited amount of time to accomplish his second-term goals, so there's no time like the present to go big.

Admittedly it is absurdly early to be suggesting that President Obama's second term is at a crucial fork in the road. But I think that's where we are and here's why.

Second presidential terms are two years, not four years. Second terms have rarely been resounding successes. Sometimes the reason is too specific to be generalized. More often, the reasons have included scar tissue, fatigue, and a dwindling bench. The American people get sick of the same faces, the old players are exhausted and have spent whatever intellectual capital they came with, and the new players aren't as good as the old players. But, always, the underlying direction is declining political capital. Senior American politicians, regardless of party, are as a class or caste the most self-referential, self-reverential, and self-regarding group our species has known in its roughly 100,000 years on the planet. They have an uncanny capacity to sniff out the exact nano-second that power begins to ebb, no matter how slightly, and then act to accelerate that ebbing. 

So President Obama has two years, not four, to get anything big accomplished, and that means he has to say what it is -- now.

There are three obvious mega strategies. Whether the president's political advisors know it or not, the choice between these three is the big decision they are making right now.

1. Beat up the Republican party with the hope of fracturing it completely or simply clobbering it in the 2014 Congressional elections. This seems to be the preferred direction right now.

2. Accomplish a series of individual policy wins -- pick among immigration reform, preschool education, a small infrastructure plan, or even a carbon tax.

3. Change the political/policy game in America and give the country a new story.

That first goal is an emotionally satisfying choice and no group deserves clobbering more than this era's Republicans right wing. But it may not be possible and it may not help achieve real policy goals as much as one might think. The Democratic left is nowhere near as unpleasant as the Republican right, but it is just as mired in a 60-year-old, outdated ideology. And this strategy doesn't constitute much of a legacy for President Obama.

The second goal is highly worthwhile and may be all anyone can accomplish in today's dysfunctional Washington. If President Obama achieved significant legislation in each of the four areas I named above, he would have achieved more than any of the last three, maybe four, second-term presidents going back at least 50 years.

The third goal -- a new vision or story of America -- sounds so over-reaching as to be preposterous. But I believe we are at a moment when this is possible: a time of immense global change, an improving economy with better prospects than any other developed economy in the world, a gridlocked political environment locked into interminable debate over the wrong issues, a high level of American citizen dissatisfaction with our politics, and a popular second term president with room to maneuver. We are unlikely to see this confluence of circumstances again for another 50 years. 

Two points about these mega strategies: They are in part mutually exclusive and path dependent. And only a president can outline them and carry them out. Certainly strategy 1, on the one side, and strategies 2 or 3 are mutually exclusive. In terms of how politics and human beings work, the president cannot decide to beat the Republicans up for a time and then change gears and directions. But strategies 2 and 3 are not mutually exclusive. President Obama could present a new American story and then move to a set of specific policies. In fact, this might be the best course for accomplishing anything. 

I believe that right now, the president could do two big things that, if successful, would make his second term successful, have high odds of being successful, and would have low costs if they aren't successful. First, he could offer a real deal to stop sequestration and, second, he could define the next era.

Lets start with sequestration. This is a manufactured crisis -- a set of automatic budget cuts that will make our defense, international, and domestic programs worse (in fact, the set was designed to make everything worse) but on the other hand will do next to nothing about our long-run debt and deficit problem. It was a last-ditch, desperate effort 18 months ago to look as though something was being accomplished. Its big flaw -- other than being completely irresponsible -- was that if it were going to force a real resolution, it always depended on the president defining a deal. Congress is not capable of doing that. All Congress can ever really do is the short-term, kick it down the road for three months efforts being thrown out today. These are worthless.

Now is the moment for the president to put forward a real deal, with real entitlement reform. This means reductions in the long-term rate of growth in entitlement spending, some further defense cuts (I don't think we should cut normal regular domestic spending, but it should certainly be rearranged), income tax reform where possible (but not much is possible), and a new source of revenues -- a new tax. We cannot solve our debt/deficit problem and pay for the government we all know we are going to have without new revenues. I've always been a proponent of a highly defined, progressive value added tax (a VAT), and still am. But I think that a carbon tax would be the better choice right now. Why not raise $1 trillion over the next decade and simultaneously begin to solve our most pressing environmental problems?

But the president should define such a deal not as the be-all-and-end-all of his administration, but rather as a necessary step toward an era of safer, higher, more sustainable, more equitable growth. He could explain how achieving this growth is possible and why it requires both fiscal reform and investments in the future. He could demonstrate easily how the specific policies he stressed in his State of the Union fit into this long-run direction. He could show a deeper understanding of the real private sector. And he could emphasize that we have time to adjust to change if we start now. As an example, a real and credible 10-year debt/deficit plan is what we need, not an economy-breaking one or two year slash and burn plan.

I believe that a deal is there, waiting to be made. The adults in the Republican party know they are in a trap. Americans would support a deal (all the polls show that the American people are far less polarized on these issues than Washington is). Most Democrats would rather be talking about solutions and growth than waging these interminable budget wars. The president could get 1) a deal, 2) an agreement to stop the incessant budget warfare (by permanently canceling the sequestration and ending the constant debt ceiling threats), 3) the chance to create the coalitions necessary to accomplish his policies without constantly fighting the budget battles, and (4) an actual shot at defining the contours of America's next era. 

But the president has to decide and act. What strategy is he pursuing? What does the country need? What are second terms for? 

Roosevelt Institute Senior Fellow Bo Cutter is formerly a managing partner of Warburg Pincus, a major global private equity firm. Recently, he served as the leader of President Obama’s Office of Management and Budget (OMB) transition team. He has also served in senior roles in the White Houses of two Democratic Presidents.

 

Obama image via mistydawnphoto / Shutterstock.com.

Share This

Roosevelt Reacts: How the State of the Union Could Be Even Stronger

Feb 13, 2013

President Obama laid out some strong progressive ideas, but there's lots more work to be done.

Richard Kirsch, Roosevelt Institute Senior Fellow:

Two years ago, progressive groups came together to develop the Progressive Economic Narrative. And last night, at the very beginning of his State of the Union address, the president began with our story, ending with our central metaphor:

President Obama laid out some strong progressive ideas, but there's lots more work to be done.

Richard Kirsch, Roosevelt Institute Senior Fellow:

Two years ago, progressive groups came together to develop the Progressive Economic Narrative. And last night, at the very beginning of his State of the Union address, the president began with our story, ending with our central metaphor:

Our economy is adding jobs, but too many people still can’t find full-time employment. Corporate profits have skyrocketed to all-time highs, but for more than a decade, wages and incomes have barely budged. It is our generation’s task, then, to reignite the true engine of America’s economic growth: a rising, thriving middle class.

Then he said the way we build that middle-class economic engine is by following the same path we laid out: government investment in research, infrastructure, energy and education. And he added at least some substance on good jobs, with his minimum wage proposal. This is a battle of ideas and policies we should welcome. 

Dante Barry, Chapter Services Coordinator & Summer Academy Fellowship Coordinator at the Campus Network:

Last night, the president announced a new Presidential Voting Commission, an ambiguous and amorphous idea to address the "voter experience" on Election Day, chaired by lawyers from the Obama and Romney campaigns. I am pleased that he decided to tackle this problem, yet I am also disheartened to see the efforts to take bold action on voting reform do not include a large amount of input from the communities represented, suppressed, and deterred. This commission should provide forward-thinking recommendations and take bold action to support our most sacred right for any American: one voice, one vote. We have a responsibility to provide access and opportunity for every American to vote in a way that reflects this country's progress and values with 21st century innovation and technology. 

Thomas Ferguson, Roosevelt Institute Senior Fellow and Professor of Political Science, University of Massachusetts:

What you think of the president’s speech depends on what you think the real state of our union is. I think that we are five years into an economic crisis that is barely improving thanks to a huge deficiency in aggregate demand for goods and services. All over the globe, that crisis is toppling governments, fanning competitive depreciations, and, if you look closely, stimulating arms races, especially in Northeast Asia, where governments are pushing back more vigorously against the economic crisis than in our own country. Against this standard, the president’s proposals look pretty weak. Spending $50 or even $100 billion on infrastructure is a drop in the bucket. Raising the minimum wage is an excellent idea, but it won’t solve the aggregate demand problem. We’ll just have to see about climate change, but acknowledging the problem is just a first baby step. And the problem of medical costs is fundamentally a problem of monopolistic practices and limited information. If you don’t name that situation and deal with it, you have no real hope of delivering better care at lower cost. The president didn’t. To all of this, of course, there is a ready answer: If you don’t like these proposals, wait till you see those of the Republicans. And, this, alas, is equally true. Except when it comes to drones and killing Americans without due process.

Bryce Covert, Editor of Next New Deal:

Women were decisive in helping elect President Obama to a second term, and last night he began to start thanking them for their support. Perhaps the most important policy he proposed was his call for universal preschool, an enormous yet desperately needed program that would not only help children, but also help their working parents -- and let's be real, mothers still do the majority of work in caring for children -- go to their jobs knowing their children are taken care of. But he also put forward some other key policies that, if they were to be passed, would mean a lot to the country's women workers. He called for a raise in the minimum wage to $9 an hour and to have it indexed to inflation so that it doesn't continue to stagnate as it has for the past three years. Women absolutely need a raise in the minimum wage. They make up two-thirds of the workers who make such low pay. He unfortunately didn't call for a raise in the tipped minimum wage, which has been stuck at $2.13 for 20 years and would give a huge boost to the 64 percent of waiters who are women. But he did take aim at another problem affecting women's pay: salary secrecy. He called for the passage of the Paycheck Fairness Act, which would build on the Lilly Ledbetter Act to get rid of the ban at half of all companies on discussing salary. Women first have to know what their coworkers are making before they can root out discrimination. All three of these policies would actually be huge steps forward in combatting the gender wage gap, as balancing children and work, making the minimum wage, and being forced into secrecy about paychecks are big factors.

Jordan Fraade, D.C. Pipeline member:

In terms of its delivery, the State of the Union felt like a victory lap: President Obama seems more confident and confrontational, a little bit feisty, and vindicated by the election. But despite this tone, the speech’s policy proposals seemed to focus on incremental change with a few major exceptions (universal Pre-K is a pretty big deal). The president kept coming back to the idea of making government “smarter,” not larger or smaller. His proposal for a “Fix-It-First” program for infrastructure is typical of this approach to policy, and in this case, it’s a good move. Putting people to work doing things like rebuilding deficient infrastructure and revitalizing abandoned urban neighborhoods is a far smarter way to plan for the future than building new highways to the suburbs and encouraging sprawl, which has been standard U.S. policy for over 60 years. However, along with his comments on mortgage relief and homeownership, I would have liked to see President Obama propose something to help renters as well, who are disproportionately urban, minority, and young and end up subsidizing homeowners through the tax code. Millennials, who graduated into a bad economy and a bottomed-out housing market, have largely had no choice but to pay the rent that’s asked of them, since tight credit and low salaries have made buying a home nearly impossible. The president, whose administration is filled with smart growth advocates, likely knows all of this already. His Millennial supporters would surely appreciate it if he acted on it during the next four years.

Mike Malloy, Campus Network member and student at Michigan State University:

In recent years, two Republican strategies to weaken the Democratic voting base have emerged at the state level: voter restriction and attacks on labor. Unfortunately—and unsurprisingly—President Obama neglected both in his speech last night. The president's eagerness to see bipartisan cooperation is commendable. But failing to expose partisan games undermines his bipartisan vision, enables the misleading of the public, and hurts targeted groups.

The president spoke about “improving the voting experience,” addressing logistical issues that caused long waits in November. Why not address attempts to supress voters by requiring special identification and limiting early voting, both intended to obstruct Democratic voters? The president could still champion convenient voting efforts and—in a perfect world—even call for both parties to end gerrymandering.

Likewise, despite emphasizing manufacturing and proposing a new minimum wage, the president did not mention organized labor, including the right-to-work laws and collective bargaining restrictions Republican state legislatures have passed to weaken unions' political influence. Acknowledging the problematic worker pension and benefit costs state and local governments face, President Obama might have called for a renegotiation of contracts while reaffirming the rights of workers, acknowledging the views of both parties. Instead, the president's silence continued a trend of staying quiet on labor issues. This likely stems from the unpopularity of unions, but it also reinforces that negative view.

The president's pursuit of bipartisanship cooperation is truly admirable. But in order to achieve it, he should call attention to egregious acts of partisan gamesmanship in addition to finding common goals.

Tim Price, Deputy Editor of Next New Deal

There were a lot of takeaways from last night's State of the Union, but the most striking to me is that after the last four years, President Obama still has the ability to surprise us. After what many viewed as an uncharacteristically progressive inauguration speech, there was potential for the president to retreat into his reflexively centrist comfort zone -- and there were hints of that, like his insistence that nothing he wants to do should add to the deficit, or the questionable decision to lead off the night by talking about entitlement reform. But for the most part, he exceeded expectations and behaved like post-2012 Obama, who seems much more comfortable pushing the boundaries of the debate now that he knows he won't be running for anything again. Who expected him to even mention the minimum wage or universal pre-K, let alone highlight them as major policy proposals, before the prepared text began to leak last night? We still have a long way to go before the solutions on the table measure up to the challenges we face, but at least we're having the conversation.

Where Obama defied expectations, Republicans met them, to their detriment and ours. Whether the topic was jobs, immigration, voting rights, or protecting women from violence, John Boehner kept his hands at his sides and grimaced as if he were sitting on a tack -- except that would at least have motivated him to stand up. In his response, Republican rising star Marco Rubio rehashed every tired anti-government argument you've heard a thousand times before and offered bold ideas like... tax cuts. It's obvious that they have nothing new to offer and are hoping mindless obstruction will be a winning strategy like it was in 2010. But that was a different time and a different economy, and the president's message to them last night was clear and forceful: we're all tired of your shtick. What else have you got?

Tarsi Dunlop,  D.C. Pipeline leader:

President Barack Obama highlighted the importance of investment last night: in America, in the middle class, and in future generations. He also talked about the return on investment, which is particularly pertinent when it comes to expanding access to early childhood education. Access to high-quality Pre-K education is one of the most effective ways to ensure that all children are prepared for academic success in K-12 and then ultimately for college and careers. If children are not reading at grade level by third grade, they are at a higher risk of falling behind and dropping out by the time they reach high school. Early childhood education offers early exposure to vocabulary, numbers, and helps children learn how to socialize with others. An additional benefit for families is that access to Pre-K education allows both parents to earn an income while offering children a safe and engaging learning environment. Outside high-quality daycare is expensive, and many parents don't have several hundred dollars a week to pay for it, something that the president noted last night. While expanding early childhood education is not cheap, there is a significant lifelong return on investment over the course of a lifetime, as the president pointed out: boosting graduation rates, reducing teen pregnancy and violent crime, increasing the likelihood of students holding a job, and having more stable families of their own. Ideally, as this proposal gains traction, the president’s definition of "working with states" should not involve competitive grant funding. This implementation method puts resource-strapped districts and states at a disadvantage in applying for funding and creates winners and losers. Best practices already exist for statewide programs, with effective public-private partnerships, that can and should be replicated. In the spirit of progressive values and ideals, dollars and investment should reflect an equal and fair commitment to each child, regardless of external circumstances. 

Michelle Tham, Campus Network member and student at American University:

Obama's speech mentioned the success in natural gas and how further investments must be funneled into the renewable energy sector. However, by not mentioning intellectual property rights, Obama misses the target of the conversation on renewable energy. Alternative energy resources is one topic that all countries are willing to share information on, except the United States. Foreign firms from Europe invest in China and India because their IPR (intellectual property rights) are less stringent, which allows the flow of information and design to flourish. China is the leading producer in solar panels because its designs are more affordable than American-based solar panels. Wind technology is China's third largest energy source domestically -- after coal and natural gas. Therefore, in order to increase innovative ideas, Obama needs more open trade policies with different countries and needs to encourage cooperation, not only in diplomatic relations, but in commercial relations as well. Technology transfers are occurring in commercial levels and the government's role is to facilitate such transaction. 

Naomi Ahsan,  D.C. Pipeline leader:

In his inaugural address, the president broke with the rhetoric of politics as usual to lay out his philosophy for good government in a very genuine manner. He used this new voice again in his State of the Union address and listed several legislative priorities within the overarching objectives of addressing poverty and gender justice. The first was raising the federal minimum wage. His description of how a family fully employed with honest work at the minimum wage can still be living in poverty captures the rationale for supporting welfare programs. The president also noted that persistent poverty has emerged as a geographically-defined phenomenon within the U.S. and called for direct community development efforts as well as making high-quality preschool available to every child. This would help break the cycle of poverty, particularly in distressed neighborhoods. Children from low-income families are already less likely to graduate high school and they start kindergarten demonstrably behind better-off peers on developmental milestones leading up to literacy. Making quality preschool universal would show that we have learned from seeing programs like Head Start and Jumpstart dramatically improve underprivileged children's educational prospects by providing extra support at the pre-kindergarten level. It is also important to recognize the connection between gender inequality and poverty: women account for about 62 percent of those earning the minimum wage and often are taking financial responsibility for leading families. Fair pay for these women workers contributes to the health and opportunity of children and families as a whole. I was impressed that the President was offering informed and thoughtful solutions for the growing issue of poverty, which has great potential for benefiting the economy and is deserving of the national attention that too often goes to deficit reduction.

Florence Otaigbe, Campus Network member and student at Michigan State University:

As a staunch supporter of President Barack Obama, my first reaction was that I couldn’t agree more with his introductory remarks on how America is now stronger than ever before. There is no disagreement when it comes to the matter of progress. The disagreement comes in trying to push progress further. During his address, the president laid out various proposals for his next term. Ranging from education to gun control, the president hit the nail on the head. Yet in spite of these great ideas, it’s up to Congress and the people for any change to occur. That’s where my reaction turns less optimistic. I truly believe that there is a great divide in Washington D.C. that is starting to reach the point of no return. Both sides are polarized like never before, and it’s really hard to reach a consensus on anything. I just don’t see how the country can advance when there is so much tension among the people who enable that advancement. There’s much more room for change in America, but most of that rests with most of our leaders in D.C. Without their cohesion, it’s likely that America will remain stagnant, and that is not what we want for our country.

Share This

A Forecast for the 2013 State of the Union Speech

Feb 11, 2013Bo Cutter

This is not the moment to give the same economic speech, but to be bold and long-term.

This is not the moment to give the same economic speech, but to be bold and long-term.

Inaugural addresses are about poetry and vision; State of the Union speeches are about prose and governing. (I acknowledge the inaccurate theft from Governor Mario Cuomo.) But they can and should be about more than a simple listing of policy and budgetary goodies, which is more often what they have become, or the inevitable, and politically necessary, announcement that the state of the union is "good." President Obama should raise the level of the genre and his own game in Tuesday night's speech. Because second term presidencies are two real years rather than the constitutional four years, the president has a lot at stake in making this his best State of the Union.

The president's advisors have told the media that this speech will reflect a "pivot" back to the economy after the Inaugural Address's focus, largely, on inequality. That would be very welcome. But he still has a choice.

He can give the standard, dull, plain-vanilla generic presidential speech about the economy. This would have three major themes: (1) the economy is not in good enough shape, but it's getting better; (2) everything my administration has done to date is the reason why the economy is getting better; and (3) here is my list of actions we intend to take that will immediately make the economy even better. That last point invariably emphasizes job creation, immediate job creation, immediate American job creation, and immediate American good job creation. The generic speech always has a number of good things to say about infrastructure spending. This is all always said with the implicit assumption that the economy of tomorrow will be much the same as the economy of yesterday and today and that no one need worry too much about change. You have to remember that State of the Union speeches are drafted by political advisors and consultants who, across all political parties and all times, share two views about the American people: they go into catatonic states at the prospect of any change and their time horizon is at most a couple of weeks. This speech would disappear without a trace.

Or he could decide to give a far better economic speech. It would have the following themes:

First, a discussion of long-run economic growth, not the next six months - which matter, but not as much as the long term. 

Second, a focus on a particular kind of growth: long-term, equitable, and sustainable. I mention the "sustainable" point in particular because it is always part of any rhetorical flourish but mostly disregarded when the time comes to do anything. 

Third, a conversation about change. As is obvious to anyone, and as is detailed by the fascinating ebook by McAfee and Brynjolfsson, The Race Against the Machine, we are in the middle of a huge, long-term period of enormous dislocating technological change, and that's only one aspect of the change we are going to see. The American people need this president to tell them this and to say clearly this change will fundamentally alter many of the givens of jobs, work, companies, education, etc.

Fourth, an outline of a practical vision. The impending change is real, but so is America's immense capacity for innovation and reinvention. The president can show how down-to-earth, sensible policies will put the country on the right side of this change.

I haven't mentioned the omnipresent issues of budgets, deficits, and debt. These issues have to be resolved if we want to establish a strong basis for the economy of the future and if we want to make this economy safer. These issues should be put in this economic context. Resolving them will require movement from both Democrats and Republicans. There is no movement today. In this speech, President Obama should make a thoughtful and genuine proposal to break today's complete deadlock. 

The probability of this second speech being given is well below 10 percent. But the president would be better off if he gave it and if he established a different kind of context for that portion of his second term that really matters. This is a use-it-or lose it moment; this is what second terms are about.

Roosevelt Institute Senior Fellow Bo Cutter is formerly a managing partner of Warburg Pincus, a major global private equity firm. Recently, he served as the leader of President Obama’s Office of Management and Budget (OMB) transition team. He has also served in senior roles in the White Houses of two Democratic Presidents.

Share This

The Inaugural Address and a Vision of America

Jan 28, 2013Bo Cutter

President Obama's second inaugural had soaring language but fell short of a transformational vision of the future.

President Obama's second inaugural had soaring language but fell short of a transformational vision of the future.

Inaugural addresses are poetry and vision. They are not about governing and programs. Judged this way, President Obama's second inaugural speech was wonderful poetry. The president excels at these big set pieces and he delivers them magnificently. In these moments he is magnetic, and it would take a very crabbed spirit not to acknowledge this. To quote Newt Gingrich, it was a good speech. But the vision of America in the speech is disappointing -- not because it is wrong, but because it isn't sufficiently penetrating and insightful. It is far too incomplete. It does not rise to the quality of his mind or of his poetry.

Some thoughts about the president's speech itself before expanding on my concerns about the president's vision:

The headline instant analysis of the speech all said this was a defiantly progressive statement. Maybe history will see it that way, but I doubt it. This was a very, very conventional restatement of progressive thought and values. It can only be thought of as some sort of signature statement because of how far toward the right debate in Washington shifted after the arrival of the Tea Party.  

I'm not a "progressive" in today's terms, but nevertheless I'd argue that the values the president emphasized have become conventional because they are right. And after a completely unedifying and at times ugly presidential campaign, and then a really dispiriting congressional lame duck session, some of these values needed to be reasserted. We do face problems requiring government and collective action, as the president discussed. The nation is not divided neatly into givers and takers as Governor Romney believes. Equal opportunity for every American ought not to be a question we debate. And even in the middle of a bitter immigration dispute about who are or can become Americans, we have to act decently. We ought to be able to resolve our immigration problem without seemingly taking delight in making good and decent men and women miserable, even if they are here "illegally."

I even found the president's statement of support for Medicaid, Medicare, and Social Security completely traditional and unexceptional. The statement that "The commitments we make to each other – through Medicare, and Medicaid, and Social Security – these things do not sap our initiative; they strengthen us" is hardly a call to the barricades. Who out there expected the president, after winning a second term, to say anything differently? Who put the odds very high above zero that the president would suddenly acknowledge that Paul Ryan was right after all?

And I'm delighted that the president finally returned to climate change -- although it is very, very late. I'll acknowledge a high degree of self-interest here. I chair Resources for the Future, a 65-year-old economic think tank that is one of the world's leading centers of thought on climate, energy, and the environment. I believe there are more and less effective ways to approach climate and environmental issues, but I think the problems are real and have to be addressed. It is depressing that much of the Republican Party -- once again never missing a chance to miss a chance -- has decided, immediately after the president's speech, that the whole climate issue is a ruse, part of a deviously clever plot by the president to expand the regulatory state. I guess I'm glad for the human species that there are climate deniers like Holman Jenkins and George Will who are so awesomely smart that with 1,000 words and a few anecdotes they can disprove a quarter century of climate science. But I don't take a word of any of this as serious commentary. Since we are, right now, trashing the planet, I hope forging a long-term creative approach to this central question is how the president chooses to be transformational.

But this brings me to the incompleteness of the president's vision. America is a great deal more -- and is entering times more challenging -- than today's conventional progressive vision suggests or the president said in his speech. I'd underline three subjects the president left out: change, business and economic growth, and our decentralized society.

To start with, we are facing immense simultaneous changes in our economy, the world economy, technology, the diversity of our population, the nature of work, and our environment. Any vision you choose to have about America has to be put in the context of these changes.

But we are experiencing a very low rate of economic growth, and we cannot cope with these big changes unless our economic growth rate rises. The only way that can really happen is through business and the private sector. We have the most dynamic and innovative private sector in the world. Unless it stays that way, as a nation we won't be able to afford all of that collective action the president wants. However, the president never mentions the private sector and it seems conspicuously excluded from his insistence that we have to work together. To have the only mention of the private sector focus exclusively on rules and regulations just isn't remotely appropriate.

More broadly, we have the richest and most diverse civil society in the world, strong state and local governments, and an ethos that is insistently individualistic and decentralized. These are mostly strengths. Big government and big companies really do have a strong tendency to take all of the air out of the room, to homogenize everything, and to relentlessly oppose innovation and change. It is our decentralization and diversity that makes us a uniquely dynamic nation.

We are a very complicated mosaic and much more of it should be celebrated than the president chose to in his speech. I wish he had put his insistence on the timeless quality of the values he underlined in the context both of the need to retain the dynamism of American society and the American economy and in the context of the immense changes we are facing. How to keep these values fresh in the midst of the changes we have to navigate -- that's a topic made for a second inaugural.

Finally, a brief specific point. The president said, "[W]e reject the belief that America must choose between caring for the generation that built this country and investing in the generation that will build its future." Great. But that's exactly the choice we are making now, and there is no sign we are changing. Our national government is already mostly about defense, transfer payments to the elderly, and the cost of our (growing) debt. On current trends we will spend all of our tax revenues on those three functions in the year 2020. And the president's speech was decidedly lukewarm about resolving the state of our fiscal health. If I were in the generation that "will build America's future," I'd be gratified by the sentiment and all, but I'd worry a lot more about the numbers.

Roosevelt Institute Senior Fellow Bo Cutter is formerly a managing partner of Warburg Pincus, a major global private equity firm. Recently, he served as the leader of President Obama’s Office of Management and Budget (OMB) transition team. He has also served in senior roles in the White Houses of two Democratic Presidents.

Share This

The Fiscal Cliff Post-Mortem, Part 1: Putting the Deal in Context

Jan 15, 2013Bo Cutter

The weakness of the fiscal cliff deal reflects the lack of direction coming from the White House.

The weakness of the fiscal cliff deal reflects the lack of direction coming from the White House.

I haven't written for a month largely because I thought it was one of those times when everything possible had been said about the fiscal cliff but not everyone had said it. Moreover, absolutely no one actually knew anything. Negotiations like this are "unknown unknowns" to everyone, including the participants. But with the fiscal cliff deal now done, I intend to write three brief pieces: The context of the deal, the deal and its immediate results, then the deal and its long-term results.

I'll get to the deal later. For now, suffice to say that -- even granting its one big positive, a more progressive income tax system -- the deal represents something close to a new standard for the smallest amount above nothing it is possible for intelligent people to accomplish in a negotiation.

But the most surprising and disappointing aspect of the post-election lame duck period was not this deal itself but the absence of a framework for any deal. This was a point on which I was simply wrong. I wrote in a number of places that I hoped a newly re-elected President Obama would quickly endorse Simpson-Bowles-Rivlin-Domenici. While I never predicted or expected this endorsement (I continue to believe the president has missed a huge opportunity here), I very clearly expected that he would create a framework, a road-map for where he wanted to go and what he wanted to do during his second term.

He didn't. As a result, we do not have, and the president doesn't have, anything close to such a framework right now.

The campaign and the election did not provide a framework. I've never really believed that campaigns were learning opportunities, and as I've come over decades to understand campaign consultants, I've realized that the last thing campaign managers want to do is have "teaching moments." And this particular campaign was even less of such a moment. Democrats wanted to tax whomever they defined as wealthy, but had no other ideas. And they faced a deeply flawed opposition candidate who was incapable of pushing them to develop any ideas. The Republican campaign from beginning to end was so completely incoherent that it is impossible, at least for me, to distill any organizing ideas or philosophy.

So we entered the post-election period absent any overall sense of direction. And I find it impossible to understand why the White House did not then provide such a sense of direction -- call it a governing philosophy -- immediately after the election.

What would such a philosophy be? I think it's obvious.

The second term of President Obama has to be focused on what is required to build the foundations for higher, more equitable, more sustainable economic growth. The difference between being caught for a long time in a two percent growth environment, as many predict, as opposed to a three percent to three-and-a-half percent growth rate -- which I think is possible -- is profound in terms of the health of American society.

Clearly a necessary but completely insufficient condition of the path toward higher sustainable growth of this kind has to be a long-term solution to the debt/deficit trap in which we are caught. But there is much more we must do, and the debt issue cannot be the whole of President Obama's second-term governing philosophy. But only President Obama can say what that governing philosophy is -- and he hasn't.

In the absence of such a philosophy or framework, it was completely inevitable that any fiscal deal would be the paltry, lowest common denominator result we ended up with.

There seem to be three theories as to how we reached this dismal point. They are not mutually exclusive.

First, the Obama covert socialist conspiracy, as promulgated by any number of conservative columnists: President Obama wants to make America into a new version of socialist Europe and this deal is step one. I give this about a 1 percent weight -- President Obama clearly did and does want a more progressive income tax system. But that's as far as it goes.

Second, the we are doomed hypothesis. America has become hopelessly polarized and ungovernable, and none of those poor members of the House or Senate could do anything of any scale or scope because they would be "primaried" and lose their jobs. There is considerable truth to this. The left and the right have mutually exclusive views of America and the Republican House in particular has lurched its way into an impossible corner. This polarization clearly limited the freedom of movement President Obama or anyone else had to reach an agreement. I give this a 45 percent weight.

But I think the third theory, the "if you don't known where you're going you'll get there" hypothesis, is at least as big a factor. This deal is the most a lame duck Congress -- indeed any Congress -- could conceivably ever come up with on its own. As we have learned time and time again, Congress does not make big policy, or establish major directions, or make trade-offs. It wasn't built to do any of this and it can't. The only possible source of intentional energy in our system is the presidency. If there is to be any sense of direction whatsoever, a president has to provide it. In this case, the president did not provide a sense of direction, Congress spun its wheels uselessly for a while, and inevitably the range of possible deals rapidly diminished until we reached this deal.

This cliff deal has one substantial positive feature: it creates a more progressive tax system. In fact, it creates the most progressive tax code since 1979. In my view, given the increase in earnings inequality the country has experienced, this is an unqualified good direction.

But it probably is very close to the last drop of new revenues that can be squeezed from this source. It is easy to be in favor of taxing someone else, which is why I never found it particularly interesting that the polling showed majorities in favor of taxing the wealthy. The next revenue increases will be much harder.

Beyond this achievement, the deal solves no known problems. It does not raise enough revenues. It does not cut or even reduce the growth of any expenditures. It leaves an immense long-term debt problem. It does not resolve the sequestration problem that last year's Super Committee left us. It does not solve the debt limit problem. It leaves the nation's public finances in a state of high uncertainty. It reduces the 2013 rate of economic growth by about one-half of a percentage point. And it almost guarantees a series of completely unproductive fights throughout this coming year.

If this is what you get when you try really hard, then a possible total closure of government in a few months looks pretty good.

Roosevelt Institute Senior Fellow Bo Cutter is formerly a managing partner of Warburg Pincus, a major global private equity firm. Recently, he served as the leader of President Obama’s Office of Management and Budget (OMB) transition team. He has also served in senior roles in the White Houses of two Democratic Presidents.

Share This

Using the "Nuclear Option" for Filibuster Reform Endangers Cooperation

Jan 7, 2013Joe Swanson

Filibuster reform is increasingly important, but just as important is the way it's achieved.

Filibuster reform is increasingly important, but just as important is the way it's achieved.

In recent years, Congress has achieved several unprecedented failures. Since 2007, an estimated 391 filibusters forced cloture votes. Compare that to only 49 cloture votes between 1919 and 1970. In the 112th congress alone, members of Congress have accomplished the passage of a mere 219 bills, many of which were housekeeping measures such as naming post office buildings or extending existing laws. This output has set the record as the least productive Congress in record keeping history, including the 80th congress in 1947, infamously known as the “Do Nothing Congress.” In addition, they have won the reproach of the people with a 10 percent approval rating earlier in the year, the lowest approval rating Gallup has reported in its history. These statistics not only document the abuse of the filibuster and its consequences, but also demonstrate that the reasons behind our legislative gridlock reach beyond the filibuster or even Senate rules.

Our lawmakers have lost the ability to compromise. While the filibuster was once a tool designed to increase the space for debate, it now has the polar opposite effect. However, changing the rules may only exacerbate the inability to compromise. If done through fundamentally uncompromising partisan political tools, the very goal of reforming the filibuster to increase debate and the functionality of the Senate will both be at risk.

Filibuster reformers have so far offered three solutions. First, Senate Majority Leader Harry Reid proposed eliminating the filibuster on the steps necessary to go to House-Senate conference and has given his support to Senator Tom Udall’s proposal to eliminate the filibuster on the motion to proceed. Senator Jeff Merkley has also authored the “talking filibuster” proposal, which requires senators seeking to filibuster to debate the issue they are blocking.

If our goal is to center the Senate’s focus on debate rather than mindless obstruction, the first two proposals are common sense and moderate changes that get us there. They neither seek the destruction of the filibuster nor obstructionism. Sarah Binder, a political scientist at George Washington University, notes that eliminating the filibuster on the motion to proceed would make it easier for the majority to set the legislative agenda and bring bills to the floor for debate. But it wouldn’t stop the minority from filibustering a bill’s final passage. Rather than eliminate obstructionism, “it might shift it and put focus elsewhere.” This change in focus would be a shift toward debate, thus cultivating the Senate’s true purpose.

Though the “talking filibuster” proposal’s attempts to return the filibuster to the days of Mr. Smith Goes to Washington is intuitively appealing, it comes with several pitfalls that would need to be resolved in the final proposal. For example, one of the fundamental problems in the proposal is that it does not take into account the possibility of the existence of a minority greater than two or three senators. Today, our senate has become subject to such partisanship that most filibustering minorities carry around 40 votes, if not more. Therefore, under the current provisions of the “talking filibuster,” filibusters would, as Richard A. Arenberg puts it, “become merely a scheduling exercise.”

Though reforms are absolutely necessary given the unsupportable gridlock currently choking our legislative process, and the reforms suggested by Senators Reid and Udall are moderate and viable, the manner in which these reforms will be enacted should be the focus of any reform efforts.

Unfortunately, there is talk from the leadership in the reform movement of the use of the constitutional/nuclear option. The use of this option would eliminate the need to speak to, or compromise with, any senators in opposition to the reform, because the nuclear option would only need 51 votes to change the rules (as opposed to the two-thirds majority vote that would be needed to change Senate rules on any other day than the day the Senate opens in the new year). According to Udall, reformers already have the 51 votes needed to impose the nuclear option. Not only will the neglect of nearly half of the Senate further aggravate partisan tension, many in opposition fear where the nuclear option may lead the Senate.

If the nuclear option is used at the beginning of the 113th congress, it will stand as a dangerous new precedent. Many claim the move could fundamentally change the Senate, an institution designed to protect the rights of the minority, into a body annually altered to create the roads necessary for majorities to pass legislation while minimizing any need to compromise with minority parties, thus creating a tyranny of the majority.

If the nuclear option is not used, then reformers must find a 67-vote majority to change Senate rules. However, many would ask how they could possibly find the 67 votes if a majority often cannot even scrape together 60 votes to file cloture. The answer is simple: senators would learn to compromise as they have in the past.

In 2005, former President George W. Bush’s presidential nominations were subject to heavy filibustering and, just as today, obstructionism became so damaging it came to the point that Republicans were threatening to reform the filibuster via the nuclear option. To avoid setting this dangerous precedent, senators created the “Gang of 14,” seven Democrats and seven Republicans who came together to negotiate. They produced a signed agreement whereby the seven Democrats would no longer filibuster judicial nominees except in “extraordinary circumstances.” In return, the seven Republicans would not vote to enact the “nuclear option.”

It is worth noting that in 2005, many of the statements surrounding the argument seemed to have flip-flopped as the minority in 2005 now stands as the majority in 2012 and vice versa. Therefore, reformers threatening to utilize the nuclear option should understand that they will be playing by the same precedent when they become the safeguards of minority rights.

The obstruction in 2005 may be the closest example we can cite of a debilitating gridlock that nearly resulted in the utilization of the nuclear option to reform the filibuster. However, the current state of uncompromising politics that has plagued our legislative branch is unprecedented. As David Waldman points out at Daily Kos, the entire argument surrounding filibuster reform in 2005 addresses an entirely different aspect. Moreover, in January 2011 an attempt to curb abuse of the filibuster and avoid the nuclear option through a “Gentleman’s Agreement” between Senate majority and minority leaders Reid and McConnell quickly fell apart. This all demonstrates that the chances of any compromise, and especially one that will amount to a 67-majority vote, are very slim. Nonetheless, the Senate must take that chance.

We must begin to reward senators belonging to the minority who maintain the ability to compromise, even if they are few. There are currently no proposals that suggest the complete elimination of the filibuster, so even if reform is enacted, Democrats are still going to have to work with Republicans, even if only to achieve a successful cloture vote. Therefore, reformers cannot burn bridges as they would with the nuclear option. Breaking a filibuster can be a matter of persuading only one or two senators. With Democrats on the brink of a 55-vote control of the 113th Senate, only five Republican votes are necessary. Perhaps refusing to use the nuclear option would lead to the political capital necessary to persuade these Republicans and set a precedent of compromise and cooperation.

Thankfully, talks have already begun between Senate reformers and opposition leaders to avoid the nuclear option. Senators from both sides, led by McCain and Levin, have recently offered a counter proposal that would last two years and give the majority leader two new methods to block a filibuster on starting debates, going to conference with the House, and some presidential nominations.

Though Senator Merkley is not satisfied with the counter proposal, claiming, “The heart of the current paralysis, the silent, secret filibuster, is not addressed by the Levin-McCain proposal,” the offer demonstrates the signs of bipartisan support and openness to reform needed to render the nuclear option unnecessary. In exchange for not going nuclear, both sides should agree to work together to make formal, reasonable, and viable rule changes that will curb filibuster abuse and reestablish our Senate’s paramount ability to compromise.

Joe Swanson is a junior at Wake Forest University where he is co-president of the Wake Forest Roosevelt Institute | Campus Network and a member of the chapter's Equal Justice Policy Center.

Share This

Pages