Tuesday, January 10, 2023

POLITICAL PARALYSIS ON THE POTOMAC

So much for planned dialogue and carefully considered discussions. Given the discord exhibited in the House of Representatives struggling to agree on a parliamentary leader and presiding officer for the 118th Congress, it feels imperative to pay some attention to this process. It seems clear that many of us are perplexed about what is taking place at the pinnacle of political power only two years after the insurrection of January 6, 2020. In a way, the process, while constitutionally mandated, represents an outgrowth of what led to that inauspicious day. All but two of the group of far-right republican members opposing the selection of Kevin McCarthy as Speaker were election deniers in 2020. They, essentially, want to function as a third party and upset our entire system. Most of us seem to have committed to preserve our democratic traditions and values. However, not all of us agree on what that means, and how we get there remains contentious. The impasse in the House, which left the institution paralyzed until it selected a new Speaker, reverberated throughout our government. Article I, section 2 of our Constitution mandates that the House of Representatives needs to choose its presiding officer before it is allowed to transact business. The Speaker chairs the institution's Rules Committee, is responsible for administering the oath of office to its members, giving them permission to speak on the House floor, appointing members to committees, sending bills to committees and signing bills and resolutions that pass in the House. Besides, the Speaker of the House is also second in line, behind the Vice President, to become president should the latter be unable to fulfill his or her duties. So yes! Selecting a Speaker is a big deal. The office originated in the British House of Commons during the 14th century. In the British system the Speaker had allegiances to the legislative body as well as to the sovereign, serving in that capacity as the monarch's representative in the Commons. Ultimately, the American speakership followed this example and became a product of politics, claiming sole authority to run the House's business.Typically, the leader of the majority party will be elected to this position. His or her election requires a majority vote of seated members. What we observed during the past week was not a debate over policy, but a struggle for power within the majority Republican party, which gained a slim majority during the last election. Kevin McCarthy ultimately won the battle for Speaker on the 15th ballot, with no votes to spare. However, he lost the contest for power, since he had to agree to significant concessions to get the votes he needed. His tumultuous ascent was on full display when, after he failed to succeed after the 14th go-around, reminiscent to a violent incident that took place in 1856, when Representative Preston Brooks of South Carolina entered the Senate chamber and repeatedly struck Senator Charles Sumner over the head with a cane, Mike Rogers of Alabama took a swing at Matt Gaetz of Florida who was blamed for failure on that vote. This drawn-out balloting is not entirely unprecedented in our history. Since 1789, the House has selected a Speaker 127 times. Only 14 times did the election require multiple ballots. Thirteen of these occurred before the Civil War when party divisions were more nebulous.The most notorious of these was the election of Nathaniel Prentice Banks, who, in 1856, won by two votes after 133 ballots, taking two months and a resolution to decide by plurality of the votes. The previous record was claimed by Howell Cobb in 1849, who won in 63 tries. The last time a Speaker election required two or more votes was in 1923 when Speaker Frederic Huntington Gillett managed to secure the position on the 9th ballot. I suspect that Representative McCarthy's success will become part of history as well. However, completing this round of balloting won't resolve the paralysis. The Republican Party only has a ten vote advantage over Democrats in the House. Margins are slim. Besides, Speaker McCarthy bargained away much of his power to secure the votes he needed. One of the most ominous rules he agreed to adjust is the "motion to vacate," essentially a vote of no confidence, allowing any member of the House to offer a request for the Speaker to step down. This procedure was instrumental in shortening the tenure of former Speakers Paul Ryan and John Boehner. Upon taking charge in 2018, Nancy Pelosi changed the rule to limit its use. However, Mr. McCarthy's right-wing opposition forced him to agree to reduce the threshold back to one single member. This essentially forces the Speaker to constantly walk a high-wire act. Any one representative in his party will hence be able to start this paralytic procedure all over again. This change and other adjustments to the rules of the House insure that Kevin McCarthy is slated to become the weakest Speaker of the House in modern days, beholden to a small group of defectors in his party. He will likely be more of a constitutional figurehead than a powerful party leader. The paralysis is far from over. We may be in for a long two years. Theo Wierdsma

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