Undemocratic Process

Undemocratic Process

There has been much comment about the take-no-prisoners approach of the Congressional Republican leadership in cramming through the Medicare prescription-drug benefit this past November 22.

Facebook
Twitter
Email
Flipboard
Pocket

There has been much comment about the take-no-prisoners approach of the Congressional Republican leadership in cramming through the Medicare prescription-drug benefit this past November 22. Procedural rules were ignored. House Democrats were barred from conference committees. And since the Republicans didn’t have enough votes of their own as the session opened, the usual fifteen-minute rule in the House for roll-call votes was simply put aside. The roll call went on for almost three hours, until enough reluctant Republicans had been threatened and browbeaten into changing their votes to allow the bill to squeak through. Democrat Barney Frank of Massachusetts said it might be “the end of parliamentary democracy as we have known it.”

But it was not the worst case. A far more chilling episode, little remarked and with even graver portent for the future of the democratic process, occurred on November 12. A small group of leading Republicans ordered stripped from this year’s Treasury-Transportation appropriations bill an amendment (already approved) that prohibited the use of Treasury funds to enforce controls on travel to Cuba. They did this behind closed doors and before the conferees had even met to consider the disposition of the amendment. As Democratic Senator Max Baucus, one of the amendment’s sponsors, pointed out in a subsequent statement, “It wasn’t the conferees [who removed it]. Thirteen of the sixteen Senate conferees were supportive…. [They] would not have stripped out the amendment.” Who then? According to Republican Senator Michael Enzi of Wyoming, another amendment sponsor, “It was stripped out by committee staffers even before members of the committee formally met. There was no vote taken. Poof, it just disappeared into the Congressional ether.”

But how could that happen? The measure had been approved on the floor of the House in September by a bipartisan vote of 227 to 188 and in the Senate in October by a 59-to-36 vote, with a number of key Republicans voting in favor. Clearly it was the will of the majority in Congress, reflecting the will of the American people. The language in the House and Senate versions was identical, so there was nothing for the conferees to reconcile. By Congressional rules, it should have moved forward to the President’s desk with the rest of the bill, for him to sign or veto.

Why did it not do so? Because the President had put out the word that he would veto any measure that weakened controls on travel to Cuba. Under procedural rules, he could not simply veto the Cuba travel amendment; he’d have to veto the entire appropriations bill, a far more serious matter. Although funding for Treasury and Transportation might have been kept flowing with a continuing resolution, that was by no means certain. Hence, blocking the travel amendment risked at least temporary paralysis of these key agencies, to the distinct embarrassment of the President.

And yet, the dilemma could have come as no surprise, for the President knew all along that the amendment would be attached to the Treasury-Transportation appropriations bill, where it had appeared three years in a row. Would he really have used the veto? We’ll never know. In order that his bluff not be called and that he not be forced to put his money where his mouth had taken him, he had his minions in Congress remove the amendment. According to one senior Republican staffer quoted by the New York Times, they were “not going to put a bill on the floor that potentially embarrasses the President.”

Thus was the democratic process desecrated. Indeed, if this is the way President Bush intends to play the game, then our whole democratic system is in danger.

Thank you for reading The Nation!

We hope you enjoyed the story you just read. It’s just one of many examples of incisive, deeply-reported journalism we publish—journalism that shifts the needle on important issues, uncovers malfeasance and corruption, and uplifts voices and perspectives that often go unheard in mainstream media. For nearly 160 years, The Nation has spoken truth to power and shone a light on issues that would otherwise be swept under the rug.

In a critical election year as well as a time of media austerity, independent journalism needs your continued support. The best way to do this is with a recurring donation. This month, we are asking readers like you who value truth and democracy to step up and support The Nation with a monthly contribution. We call these monthly donors Sustainers, a small but mighty group of supporters who ensure our team of writers, editors, and fact-checkers have the resources they need to report on breaking news, investigative feature stories that often take weeks or months to report, and much more.

There’s a lot to talk about in the coming months, from the presidential election and Supreme Court battles to the fight for bodily autonomy. We’ll cover all these issues and more, but this is only made possible with support from sustaining donors. Donate today—any amount you can spare each month is appreciated, even just the price of a cup of coffee.

The Nation does not bow to the interests of a corporate owner or advertisers—we answer only to readers like you who make our work possible. Set up a recurring donation today and ensure we can continue to hold the powerful accountable.

Thank you for your generosity.

Ad Policy
x