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Beware the Lame Duck
· Friday, July 23, 2010
WASHINGTON -- Barack Obama's considerable political capital, earned on Election Day 2008, is spent. Well spent, mind you, on the enactment of a highly ideological agenda of Obamacare, financial reform and a near trillion-dollar stimulus that will significantly transform the country. But spent nonetheless. There's nothing left with which to complete his social-democratic ambitions. This would have to await the renewed mandate that would come with a second inaugural.
That's why, as I suggested last week, nothing of major legislative consequence is likely to occur for the next two and a half years. Except, as columnist Irwin Stelzer points out, for one constitutional loophole: a lame-duck Congress called back into session between the elections this November and the swearing-in of the 112th Congress next January.
Leading Democrats are already considering this as a way to achieve even more liberal measures that many of their members dare not even talk about, let alone enact, on the eve of an election in which they face a widespread popular backlash to the already enacted elements of the Obama-Pelosi-Reid agenda.
That backlash will express itself on Election Day and result, as most Democrats and Republicans currently expect, in major Democratic losses. It is still possible for the gaffe-happy Republicans to blow it. When the ranking member of the House Energy and Commerce Committee publicly apologizes to the corporation that unleashed the worst oil spill in American history, you know the Republicans are capable of just about anything.
But assuming the elections go as currently projected, Obama's follow-on reforms are dead. Except for the fact that a lame-duck session, freezing in place the lopsided Democratic majorities of November 2008, would be populated by dozens of Democratic members who had lost re-election (in addition to those retiring). They could then vote for anything -- including measures they today shun as the midterms approach and their seats are threatened -- because they would have nothing to lose. They would be unemployed. And playing along with Obama might even brighten the prospects for, say, an ambassadorship to a sunny Caribbean isle.
As John Fund reports in The Wall Street Journal, Sens. Jay Rockefeller, Kent Conrad and Tom Harkin are already looking forward to what they might get passed in a lame-duck session. Among the major items being considered are card check, budget-balancing through major tax hikes, and climate-change legislation involving heavy carbon taxes and regulation.
Card check, which effectively abolishes the secret ballot in the workplace, is the fondest wish of a union movement to which Obama is highly beholden. Major tax hikes, possibly including a value-added tax, will undoubtedly be included in the recommendations of the president's debt commission, which conveniently reports by Dec. 1. And carbon taxes would be the newest version of the cap-and-trade legislation that has repeatedly failed to pass the current Congress -- but enough dead men walking in a lame-duck session might switch and vote to put it over the top.
It's a target-rich environment. The only thing holding the Democrats back would be shame, a Washington commodity in chronically short supply. To pass in a lame-duck session major legislation so unpopular that Democrats had no chance of passing it in regular session -- after major Democratic losses signifying a withdrawal of the mandate implicitly granted in 2008 -- would be an egregious violation of elementary democratic norms.
Perhaps shame will constrain the Democrats. But that is not to be counted on. It didn't stop them from pushing through a health-care reform the public didn't want by means of "reconciliation" maneuvers and without a single Republican vote in either chamber -- something unprecedented in American history for a reform of such scope and magnitude.
How then to prevent a runaway lame-duck Congress? Bring the issue up now -- applying the check-and-balance of the people's will before it disappears the morning after Election Day. Every current member should be publicly asked: In the event you lose in November -- a remote and deeply deplorable eventuality, but still not inconceivable -- do you pledge to adhere to the will of the electorate and, in any lame-duck session of Congress, refuse to approve anything but the most routine legislation required to keep the government functioning?
The Democrats could, of course, make the pledge today and break it tomorrow. Call me naive, but I can't believe anyone would be that dishonorable.
(c) 2010, The Washington Post Writers Group
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veritaseequitas
Ha, ha. Dishonesty seems to be the currency of the Democrats and in particular, Barack Obama. I cannot see that they would forsake that at this late stage.
I just hope that all the legislation that has been passed and any that does get passed by these "lame ducks" can be repealed. Then a conservative administration and congress can start to rebuild America as it is meant to be.
Posted July 23, 2010 at 6:30:54 AM
Marcus
Perhaps we can look forward to some sanity from SCOTUS as the lawsuits against these unconstitutional legislative debaucles from the states and other plaintiffs make their way before their bench.
Posted July 23, 2010 at 9:50:31 AM
Pamela Miller
Democrats do not know how to win wihout cheating.
Even if they could win without cheating, they would still cheat to win.
Posted July 23, 2010 at 1:10:15 PM
Caseace
Prior to their ouster, Demoncrats who will be moving on next year could very well agree to such a pledge. But if the arm twisting, bribery and threats don't work, an Executive Order will surely provide the reassurance needed to change one's mind.
Posted July 23, 2010 at 1:15:24 PM
Mark
I believe you might be short changing this administration. You might consider the possibility that in a lame duck session, Congress could vote on "reform" that basically reduces much of its own power and vests it in the executive branch. Consider, for example, the recent financial reform bill which, as I understand, takes Congress out of the loop to a great extent and creates a general framework within which the executive branch can operate, being granted broad powers.
Posted July 23, 2010 at 2:50:55 PM
JG
Shame won't work. Neither will bringing it up with them now vs. later. Threats of physical harm--now, that might do the trick. Hey, if they want to play Chicago-style politics, then they have to understand that they're putting their own kneecaps at risk...
Posted July 23, 2010 at 4:46:56 PM
Mac
There is no doubt in my military mind that this administration would do anything to achieve their twisted agenda.
Posted July 23, 2010 at 4:49:56 PM
Dexter60
Those that do not hold a fear of God may need to feel a strong fear of the gun and the rope.
Not a threat but a promise as old as dirt.
Their only safety is in the Constitution itself.
Posted July 23, 2010 at 8:00:48 PM
Carl
Tom Clancy had the only idea that would actually
clean out congress in one of his novels as some
of the career RINOs like Lindsey Graham and others
are as worthless as teats on a boar hog.
Posted July 23, 2010 at 10:11:37 PM
pete
Now comes the time for REAL conservatives to stand up.
If Republicans fail to rescind or recall EVERY single bill passed or altered between the Nov election and the swearing in of Jan 2011 they will show themselves to be less than conservative.
In fact they will prove to the electorate that they are no better than the Democrats they replace, and well deserving of the same treatment (expulsion from office) at first opportunity.
Posted July 25, 2010 at 1:33:05 PM
sunforester
Can you spot what is wrong with the following? "It is still possible for the gaffe-happy Republicans to blow it. When the ranking member of the House Energy and Commerce Committee publicly apologizes to the corporation that unleashed the worst oil spill in American history, you know the Republicans are capable of just about anything."
I don't know about you, Charles, but I haven't seen a forensic report on the oil spill yet that precisely identifies the cause and responsibility of the spill. You know, the report that walks us through the events of the weeks, days and hours leading up to the spill, and who did what and when. WE DON'T KNOW if BP is the party responsible, yet you like so many other thoughtless (and opportunistic?) people carelessly assign blame where your prejudices lie.
However, what is very, very obvious is that Obama dragged and stamped his feet to the point where a salvageable situation was turned into a historical disaster solely because of Obama's lethal combination of inaction and obstruction. On top of that, BP was unfairly scapegoated by Obama without any evidence, and shaken down for extensive financial damages outside the due process of law. THAT is the basis of the apology made to BP, and I am completely satisfied that the apology was fair and appropriate.
Please think very carefully before you advance heavy moral judgments in public on nothing but your own ignorance and prejudice. You are in a responsible position, and many honest people look to you for sensible leadership and guidance. I strongly suggest you apologize immediately to that highly principled member of the House Energy and Commerce Committee. Then you should apologize to the Republican Party. They deserve far better than how you have treated them.
Posted July 25, 2010 at 10:51:43 PM
clyde
Make no mistake about it, there is a 'Revolution' in our near future.! Let's pray that it will be resolved by "Ballots"!!!!
The Narcissistic,Socio/communist,Anti Christion,Mind-set that some evil wind has blown into the halls of Government cannot possibly co-exist with the standards set forth by the Founders and the Constitution they devised through divine inspiration.
Posted July 26, 2010 at 2:36:28 PM
Katie
We the people will have to deal with the lame duck session results if there is a session just like we are dealing with the legislation that has occurred in the last year and a half. Until all Americans, democrats and republicans alike, can see the true picture of what our country needs to return to
one of prosperity, security, operating within the
constitution, protection of spiritual rights for Christians too, we will be living with the consequences of unprincipled leadership of presidents and congressmen. I don't trust republicans anymore that I do democrats. When the congress starts living like the rest of us and not
with all the perks and benefits they have voted in for themselves, and are exempt from the ones they have voted in for us, the electorate, then they will begin to receive the trust and support from me.
Posted July 26, 2010 at 4:12:38 PM