Our Imperial Presidency

Mark it down: April was when the wheels finally came off the Trump bandwagon.

After weeks of rambling, largely incoherent performances in the daily White House coronavirus briefings, punctuated by assaults on the media generally and individual reporters occasionally, President Donald Trump went into total meltdown on Thursday, April 23. That was when he mused, in spontaneous free-association, about the possible merits of ingesting disinfectants and projecting sunlight and ultraviolet light into the body to counteract the virus.

“I’m not a doctor,” he said, belaboring the obvious and tapping his temple, “but I’m, like, a person that has a good you-know-what.” Even for a “very stable genius,” as the President has described himself in the past, it was an extraordinary moment. Sitting off to one side, Deborah Birx, who is a doctor and the coronavirus response coordinator, was a study in self-restraint as she looked down at her hands folded in her lap.

In the momentary silence that followed, you could almost feel White House aides, Trump supporters and Republicans around the country cringing. This time, the President had strayed into clearly dangerous, life-threatening territory with no obvious escape route. This time, his Teflon coating had failed to protect him.

Even President Trump realized his blunder. The next day, he cut the White House briefing short and walked out without taking any questions; the next day he tweeted that he was too busy to attend the briefing. But by Monday, he was back in the limelight.

“You know, I can’t really explain it,” Maryland’s Republican Governor Larry Hogan said on one of the Sunday shows when asked about the President’s Thursday comments. Hogan, who has been careful and measured in his own statements on the virus, added: “It does send a wrong message…when you just say something that pops into your head.”

That is apparently what the President did. Aides reported later that he had attended part of a technical briefing just before the news conference on the impact of bleach and other disinfectants and sunlight on the virus. No one was suggesting this as a medical treatment for humans, but Trump took it there in his comments, urging the medical experts to test whether it could kill the virus in people.

You would not expect anyone to take this wacky idea seriously, but calls to state and local medical departments about it spiked in the immediate aftermath of the President’s off-the-cuff remarks.

The whole incident underscores a more fundamental question: why is this President — really, any President — briefing the nation on such a vital, highly complicated, public health issue as the Covid 19 pandemic? The answer in this case, of course, is that everything President Trump does is about President Trump. In this locked-down, socially-distant world, he is not able to hold the big, noisy political rallies that he enjoys so much. The daily briefings have been the substitute, an opportunity to lie, exaggerate and mislead, while making wildly-inflated claims about his Administration’s performance.

Instead, the nation should be briefed by medical and public health officials, who actually know what they are talking about, and who should be in a position to make the crucial decisions on testing and managing the pandemic that only the Federal government can make. Drs. Anthony Fauci and Birx have played that role, but only as supporting players to the President, who remains front and center.

Such is the consequence of our imperial presidency. As Congress has ceded more and more power to the executive in recent decades, we have created an impossibly demanding role for the President, any President. The man in the Oval Office — so far, all 45 have been men — is called upon to decide war and peace and, in the case of the corona virus, life and death.

No one, man or woman, can fulfill this limitless role. No one person can be the decider-in-chief on everything. Perhaps, in the wake of this virus, the nation can re-balance: Congress can reassert itself and the professional civil service can be given greater responsibility and authority in crises where expertise is crucial.

Perhaps.

No Winners in the Current Age of Cynicism

Have you noticed something?
We are living in an Age of Cynicism so deep and pervasive that it is distorting our politics, our laws and our society. It is the new normal. What was once clearly wrong now seems ok. Or, at least, “the way things are these days.”
The cynicism spreads across political parties, Congress, the courts, the gun lobby, the media, big business; you name it.
The cynic-in-chief, of course, is President Donald Trump. His lying, his Twitter storms, his crass character assassinations (“Crooked Hillary, Lyin’ James Comey, Little Rocket Man,” etc.) seemed funny at first, then cheap and crude, now, most destructive of all, routine. “That’s Trump,” we say among ourselves, and shrug, With every Trumpian rant, magnified by our cynical indifference, our political discourse descends into the toilet.
Fair question: who is more cynical? Trump, or those of us who voted for him knowing that he was a narcissistic fraud? Some, I suppose, didn’t pay enough attention during the campaign to realize that he was playing a joke on us and supported him in the hope that he really would do the preposterous things he said, like bring back coal and manufacturing jobs, make the economy grow by four or five per cent or magically curb illegal immigration by building a “beautiful wall.”
But what about the others who voted for him knowing he was wholly unequipped for the job? What about those who held their nose and voted for him in order to feather their own nests? Who, really, is the most cynical of us all?
The Republicans in Congress might deserve the title. The Mitch McConnells, the Paul Ryans and the others that indulge the President’s whims and outbursts in feigned pained silence and then vote to embrace policies they know are wrong in order to get their agenda signed into law. So what if the gun lobby makes a mockery of the deaths in school shootings by accepting meaningless “reforms” that do nothing serious to stop the carnage? So what?
Nor are the Democrats innocent. “Chuck and Nancy” may not be as consciously cynical as Mitch and Paul, but those in the minority rarely are. They stake out more progressive positions, call a press conference or two, then throw up their hands as the majority adopts its agenda. Meanwhile, the national Democratic Party tacks to the center to win special elections in Georgia and Pennsylvania as it readies a head-snapping move to the left for 2020. Or not, depending on what will win.
The Supreme Court defined cynicism with its Citizens United decision trashing the concept of campaign finance regulation, arguing that corporations have the same rights as individuals. Its justifications echo the corrupt politics behind Bush v, Gore in 2000 and the notion that the Second Amendment, despite what it says, guarantees the gun rights of individuals rather than “well-regulated militias.” Retired Justice John Paul Stevens finally said what must be said: repeal the Second Amendment, which was never meant by the founders to mean what the NRA says it means.
The media: what is more cynical than the excuses Fox News makes for Trump? Is it MSNBC, when the entire channel is devoted to tearing Trump down? Or talk radio? They are all competing for ratings, adopting the ideology they believe will attract more audience.
Cynicism is not new in Washington, of course, nor unique to the Trump era. LBJ was deeply cynical when he lied to the country about Vietnam because he didn’t want to be the first American president to lose a war; George W. was cynical when he lied about weapons of mass destruction in order to take out Saddam. Lying is not a new presidential activity.
And, even in an Age of Cynicism, there are striking exceptions among us: the young people demonstrating against gun violence in the schools, volunteers who commit time and money to make things better, charitable groups here and abroad. There are bright spots, to be sure.
But the most cynical act of all is to take cynicism for granted. Then we all lose.

A Broken System

Is it just me, or does it seem to some of you that the wheels are coming off our national political system?
Allow me to vent, please, as we look at our current dilemma:
Thanks to the electoral college and nearly 63 million voters, we have a President who is manifestly unsuited and ill-prepared for the job. He was duly elected under arcane rules that have denied the presidency to the popular vote winner in two of our last five national elections. In 2016, that meant his opponent got nearly 3 million more votes…and lost.
Thanks to gerrymandering and big money, we have a Congress that deadlocks over everything from health care to tax reform. It takes a disastrous hurricane to get anything done quickly, or to even kick the can down the road for three months.
Thanks to partisan redistricting and again, big money, there is precious little turnover in Congress. In 2016, 97 per cent of the House incumbents who stood for re-election won; 93 per cent of Senators who sought re-election succeeded. More often than not, incumbency equals job security.
Big money also has given special interests maximum leverage in Washington. No surprise, because campaigns have become ever more costly. Former Texas Senator Phil Gramm had it right when he said: “ready money is the mother’s milk of politics.” As if to prove it, a record $55 million was spent earlier this year in the special election to replace Tom Price in Georgia’s sixth district, most of it on behalf of the Democratic candidate, who lost. It demonstrated how hard it is to win a seat that has been skillfully gerrymandered over the years.
Look as well at what the U.S. presidency has become. It is an imperial office today, with vast powers to rattle nuclear sabers, tear up trade and international climate agreements, dismantle domestic programs and pardon convicted criminals.
The executive order is today’s all-purpose tool of convenience, used equally by our current and former chief executives. Occasionally, as in the case of the evolving travel bans, the federal courts step in. But most often, a stroke of the presidential pen prevails.
Nothing illustrated the current congressional fecklessness better than the Republican failure to repeal and replace Obamacare. After seven years of pledges and promises, the GOP leadership was unable to control the conservatives in its own caucus and deliver the votes to pass a substitute version.
Nor is tax reform likely to be any easier. Or the much-promised trillion-dollar infrastructure bill, or immigration reform or any of the other big-ticket items that were supposed to be adopted now that one party controls both houses of Congress and the White House. Gridlock is what we get instead.
I’m not sure this is exactly what the founders had in mind when they drafted the constitution and bill of rights and created a system of checks and balances. Congress was supposed to be a co-equal branch, not a frustrated and frustrating cave of winds.
Three things could make our democracy more democratic: non-partisan redistricting, serious campaign finance reform with spending limits and expanded public financing and revising or scrapping the electoral college.
Direct popular election of the President will not solve all our problems, but it certainly will better reflect the people’s choice. Independent re-drawing of congressional districts, based on population not partisan politics, will make more races competitive. Gerrymandering is a bi-partisan passion: the Democrats in Maryland are every bit as adept as the Republicans elsewhere. In Maryland, the politicians choose their voters, not the other way around.
And reforming the rules on campaigning, limiting the time and money involved, will open the process to more candidates and reduce the influence of special interests.
None of this will make for a perfect system. But it would be more fair, less beholden to the powerful groups that distort it today and yes, more democratic. With a lower-case “d.”

Mid-term Madness

Mid-term elections are the constitutionally-mandated pause that refreshes in our political system.

Voters get a chance in the middle of a President’s first or second term to either ratify the status-quo or change it, sometimes dramatically. The 1994 Mid-terms were a classic example of the second type, a seismic political event: Republicans took the House for the first time in 40 years and Newt Gingrich gave us the famous Contract with America. It didn’t last: very little of the famous “Contract” was ever put in force, but it shook up the political establishment.

This year could be equally dramatic. With less than three weeks to go, look at what hangs in balance:
–Majority control of the Senate.
–The struggle for the heart of the Republican party, between the centrist establishment, which is more right than ever, and the Tea Party Right, which is more aggressive than ever.
–The fate of President Obama’s final two years in office and his prospects for appointing a new Attorney General and possibly, a Supreme Court Justice.
–Progress — or the lack of it — on major issues like immigration reform, health care implementation, corporate tax reform, just to name three.
–The agenda for a lame-duck session of Congress after the election and, of course, the mid-terms will set the stage for the Presidential election in 2016.

When you consider all that, it is no surprise that the PACs and Super PACs, the so-called “dark money,” have spent record amounts: more than a quarter-billion dollars so far, and still counting. That’s on the right and left combined. That does not count the amounts that the campaigns have raised and spent directly for their candidates.

Some commentators have compared this mid-term election to a Seinfeld episode, that is, about nothing. I don’t think people would be spending all that money if it was about nothing.

Look briefly at what is at stake: Republicans need to pick up six seats to gain a single-vote majority in the Senate. Focusing on the marquee races in key states, like Alaska, Arkansas, Colorado, Iowa, Louisiana, Kansas, Kentucky and North Carolina, the Republicans have a better-than-even chance of picking up four or five. Six will be a stretch, but it is possible, maybe even likely at this point.

There is a broad, anti-Washington sentiment among the public today that endangers incumbents generally. Congress is down to single digits in the public opinion polls. Little has been accomplished on Capitol Hill and the public knows it.

If the Republicans control both houses, they are going to move to roll back corporate taxes, EPA regulations, defund Obamacare, etc. The President will get out his veto pen and the gridlock will continue.

On the other hand, gridlock is what we have now. We are a divided country these days, so we have divided government.

The House seems certain to stay Republican, very possibly with an increased GOP majority. Earlier in the election season, John Boehner appeared to be in trouble, but his job seems safe now.

The Tea Party has largely failed to dislodge the more centrist establishment candidates in primaries in Mississippi and other states. But in the process, they have moved the whole Republican Party to the right, so the middle isn’t the middle in the GOP anymore, it is to the right of center.

President Obama has already said he would like to pursue immigration reform and other priorities in his remaining two years in office. At this point, it looks as though he will have to fall back on executive orders and actions that don’t require Congressional approval even more than he has in the last two years.

On foreign policy, he may be pushed by a more conservative congress to harden his line against Vladimir Putin in Ukraine and ISIS in Iraq and Syria. But he and Congress are probably closer together on these issues than on domestic topics.

Looking ahead to 2016, the outcome of the midterms will give us a temperature check on the mood of the country and could influence the choice of the Republican candidate. At the moment, Jeb Bush seems to be the choice of establishment republicans, but Marco Rubio represents a younger generation and Rand Paul is a wild card in the GOP picture.

Hillary Clinton seems to be the prohibitive favorite at this point for the Democratic nomination, assuming her health holds up. Imagine: another Bush-Clinton race. Seems odd in a country of 330 million, that we can’t come up with some other names.

The Other Nine Per Cent

Recent public opinion polls — I am sure you’ve seen them — suggest that nine per cent of the American public actually approves of Congress and the way it is doing its job. Of course, that was before this weekend’s bi-partisan wrangling over the payroll tax cut extension.

Who exactly are these nine per cent?

I am curious, since they are such a distinctive group. After all, nine per cent approval is an historic low, even for Congress, exceeded by the approval ratings for polygamy (11 per cent,) BP’s handling of the oil spill (16 per cent,) banks (23 per cent,) and pornography (30 per cent.)

So, I went looking for the nine per cent. I called my neighbor, Representative Pete Stark, D. CA, assuming that he, after 38 years in Congress, surely approved of what he and his 434 colleagues were doing. Are you one of the nine per cent, Pete?

“Heavens, no!” said Congressman Stark.”

And who did he think were the nine per cent?

“Our staff, and our relatives,” he said with a laugh, “and probably not all of them.” I might add that Pete said this on Sunday, as he headed in to the Capitol to cast a rare weekend vote that failed to break the deadlock.

So, who are these nine per cent who think Congress is on top of its work these days?

Add up the Congressional staff, who number around 20,000, lobbyists whose clients have come out on top, the famous special interests, the capitol police, the cafeteria staff, even the bloated office of the architect of the capitol and you still don’t come anywhere near the nine percent, which would amount to some 27 million Americans.

I went to a couple of holiday parties over the weekend and asked everyone I met whether they approved of the way Congress was doing its job. Nope. No nine-percenters there.

If anyone reading this blog is part of the nine per cent, please comment and let me know. And tell me exactly what it is that you approve, please. Is it the fun way Congress takes everything down to the wire? Is it the tendency, demonstrated again over the weekend and into this week to kick the can down the road?

How about the way Congress dealt with the President’s much-advertised jobs bill, which was pronounced D.O.A. when it arrived on the Hill? Did you approve of the way they handled that? Or deficit reduction? Or judicial appointments? Or ambassadorial nominees? Or the head of the Consumer Financial Protection Agency? Do you love the way they advise and consent on these things? Did you approve of the way they flirted with default a few months ago over the debt ceiling, sending the markets into a tailspin and dropping the nation’s credit rating? If you like delay, gridlock, logjams and half-a-loaf legislation, I suppose you love Congress.

Just guessing here, but I suspect Barak Obama’s greatest shock upon assuming the presidency was how incredibly hard it is to get anything through a divided Congress.
That is, a Senate where 60 votes are required to agree on the time of day. And the House of Representatives, controlled by a majority that, as we saw this weekend, can’t control its own majority. The President, and all of us, are learning that Senate Minority Leader Mitch McConnell meant precisely what he said after the 2008 elections when he announced that his major goal was to assure that Barak Obama was a one-term President. That, and nothing more, apparently.

None of this Congressional inaction comes cheap, incidentally. This year, the American taxpayer will shell out $5.4 billion to fund Congress, its staff and perks. That includes the members, staff, gold-plated health care, generous pensions, the House gym and chaplains for each chamber. Evidently, the nine per cent feels they are getting their money’s worth, since they approve.

So, while the current focus is on presidential race, perhaps more attention should be paid to who leads and controls Congress, that co-equal and disputatious branch of government. How about a few televised debates among the leaders about how they intend to handle things in the next Congress? That could be entertaining.

Meanwhile, will the other nine per cent please stand up?

Super-Kaput

The dysfunction of the American government has never been so transparent.

With the so-called Super-Committee kaput, more market instability looming and the distinct possibility of another recession, the absolute inability of Washington to solve the nation’s fiscal problems is inescapable.

The task was not that difficult: cut $1.2 trillion out of the budget over the next 10 years to begin to reduce the $15 trillion national debt. The common-sense answer was obvious to ordinary Americans: trim entitlements slightly and increase tax revenues modestly. Combine that with an extension of the payroll tax cut and the soon-to-expire unemployment benefits and there is a good chance the recovery will accelerate. Repeal the senseless Bush tax cuts on the wealthy and the economy could step on the pedal.

But the Super-Committee proved to be no more able to do that than the divided and dysfunctional Congress as a whole. So the blame-game has begun, with plenty to go around. It is a favorite sport in Washington, Capitol Hill’s Thanksgiving gift to the nation. As predictable as a Redskins defeat.

The public will surely spread the blame, charging both parties with the failure, as well as the executive branch. As it should. The Republicans are likely to get the lion’s share and pay the heavier price, but the Democrats, especially the so-called leadership, will pay as well. As it should.

President Obama will not escape this latest debacle. He may have been off in Asia reasserting the U.S. role in that region, but he wasn’t far enough away from the disaster in D.C. to avoid his share of the responsibility. The painful reality of the President’s current situation is that he has a plan: a jobs bill, proposals for an infrastructure bank, tax reform, etc. , that would surely help, but he lacks the political chops to get it enacted. So, ill-served by a weak staff, he fritters around the edges of the problem. His base sticks with him, but the independents he needs to get re-elected are drifting away.

Nonetheless, from the Las Vegas bookmaker’s point of view, he remains the odds-on favorite to be re-elected. Why? The disarray in the Republican field, mainly, and the growing sense among voters that divided government is part of the problem, not the solution. It is inescapably clear that in our system, as it functions today, real progress can only be made when one party or the other controls the White House and Congress.

It is up to be the public to decide which party should be in control. The voters need to give that party the political clout to pursue a solution. If the public doesn’t like the result, they can change it in the next election.

But at least there could be movement, instead of gridlock.

TERENCE SMITH IS A JOURNALIST. HIS WEBSITE IS terencefsmith.com