hondabuster
Pro Rider
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Joined: 12/13/2003
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I know its a long read. Grab a beer, read and weep at what our country has become.
Time to Go! Inside the Worst Congress Ever
By Matt Taibbi
Rolling Stone
Tuesday 17 October 2006
The worst Congress ever: How our national legislature has become a stable of thieves and perverts - in five easy steps.
There is very little that sums up the record of the US Congress in the Bush years better than a half-mad boy-addict put in charge of a federal commission on child exploitation. After all, if a hairy-necked, raincoat-clad freak like Rep. Mark Foley can get himself named co-chairman of the House Caucus on Missing and Exploited Children, one can only wonder: What the hell else is going on in the corridors of Capitol Hill these days?
These past six years were more than just the most shameful, corrupt and incompetent period in the history of the American legislative branch. These were the years when the US parliament became a historical punch line, a political obscenity on par with the court of Nero or Caligula - a stable of thieves and perverts who committed crimes rolling out of bed in the morning and did their very best to turn the mighty American empire into a debt-laden, despotic backwater, a Burkina Faso with cable.
To be sure, Congress has always been a kind of muddy ideological cemetery, a place where good ideas go to die in a maelstrom of bureaucratic hedging and rank favor-trading. Its whole history is one long love letter to sleaze, idiocy and pigheaded, glacial conservatism. That Congress exists mainly to misspend our money and snore its way through even the direst political crises is something we Americans understand instinctively. "There is no native criminal class except Congress," Mark Twain said - a joke that still provokes a laugh of recognition a hundred years later.
But the 109th Congress is no mild departure from the norm, no slight deviation in an already-underwhelming history. No, this is nothing less than a historic shift in how our democracy is run. The Republicans who control this Congress are revolutionaries, and they have brought their revolutionary vision for the House and Senate quite unpleasantly to fruition. In the past six years they have castrated the political minority, abdicated their oversight responsibilities mandated by the Constitution, enacted a conscious policy of massive borrowing and unrestrained spending, and installed a host of semipermanent mechanisms for transferring legislative power to commercial interests. They aimed far lower than any other Congress has ever aimed, and they nailed their target.
"The 109th Congress is so bad that it makes you wonder if democracy is a failed experiment," says Jonathan Turley, a noted constitutional scholar and the Shapiro Professor of Public Interest Law at George Washington Law School. "I think that if the Framers went to Capitol Hill today, it would shake their confidence in the system they created. Congress has become an exercise of raw power with no principles - and in that environment corruption has flourished. The Republicans in Congress decided from the outset that their future would be inextricably tied to George Bush and his policies. It has become this sad session of members sitting down and drinking Kool-Aid delivered by Karl Rove. Congress became a mere extension of the White House."
The end result is a Congress that has hijacked the national treasury, frantically ceded power to the executive, and sold off the federal government in a private auction. It all happened before our very eyes. In case you missed it, here's how they did it - in five easy steps:
Step One: Rule by Cabal
If you want to get a sense of how Congress has changed under GOP control, just cruise the basement hallways of storied congressional office buildings like Rayburn, Longworth and Cannon. Here, in the minority offices for the various congressional committees, you will inevitably find exactly the same character - a Democratic staffer in rumpled khakis staring blankly off into space, nothing but a single lonely "Landscapes of Monticello" calendar on his wall, his eyes wide and full of astonished, impotent rage, like a rape victim. His skin is as white as the belly of a fish; he hasn't seen the sun in seven years.
It is no big scoop that the majority party in Congress has always found ways of giving the shaft to the minority. But there is a marked difference in the size and the length of the shaft the Republicans have given the Democrats in the past six years. There has been a systematic effort not only to deny the Democrats any kind of power-sharing role in creating or refining legislation but to humiliate them publicly, show them up, pee in their faces. Washington was once a chummy fraternity in which members of both parties golfed together, played in the same pickup basketball games, probably even shared the same mistresses. Now it is a one-party town - and congressional business is conducted accordingly, as though the half of the country that the Democrats represent simply does not exist.
American government was not designed for one-party rule but for rule by consensus - so this current batch of Republicans has found a way to work around that product design. They have scuttled both the spirit and the letter of congressional procedure, turning the lawmaking process into a backroom deal, with power concentrated in the hands of a few chiefs behind the scenes. This reduces the legislature to a Belarus-style rubber stamp, where the opposition is just there for show, human pieces of stagecraft - a fact the Republicans don't even bother to conceal.
"I remember one incident very clearly - I think it was 2001," says Winslow Wheeler, who served for twenty-two years as a Republican staffer in the Senate. "I was working for [New Mexico Republican] Pete Domenici at the time. We were in a Budget Committee hearing and the Democrats were debating what the final result would be. And my boss gets up and he says, 'Why are you saying this? You're not even going to be in the room when the decisions are made.' Just said it right out in the open."
Wheeler's very career is a symbol of a bipartisan age long passed into the history books; he is the last staffer to have served in the offices of a Republican and a Democrat at the same time, having once worked for both Kansas Republican Nancy Kassebaum and Arkansas Democrat David Pryor simultaneously. Today, those Democratic staffers trapped in the basement laugh at the idea that such a thing could ever happen again. These days, they consider themselves lucky if they manage to hold a single hearing on a bill before Rove's well-oiled legislative machine delivers it up for Bush's signature.
The GOP's "take that, bitch" approach to governing has been taken to the greatest heights by the House Judiciary Committee. The committee is chaired by the legendary Republican monster James Sensenbrenner Jr., an ever-sweating, fat-fingered beast who wields his gavel in a way that makes you think he might have used one before in some other arena, perhaps to beat prostitutes to death. Last year, Sensenbrenner became apoplectic when Democrats who wanted to hold a hearing on the Patriot Act invoked a little-known rule that required him to let them have one.
"Naturally, he scheduled it for something like 9 a.m. on a Friday when Congress wasn't in session, hoping that no one would show," recalls a Democratic staffer who attended the hearing. "But we got a pretty good turnout anyway."
Sensenbrenner kept trying to gavel the hearing to a close, but Democrats again pointed to the rules, which said they had a certain amount of time to examine their witnesses. When they refused to stop the proceedings, the chairman did something unprecedented: He simply picked up his gavel and walked out.
"He was like a kid at the playground," the staffer says. And just in case anyone missed the point, Sensenbrenner shut off the lights and cut the microphones on his way out of the room.
For similarly petulant moves by a committee chair, one need look no further than the Ways and Means Committee, where Rep. Bill Thomas - a pugnacious Californian with an enviable ego who was caught having an affair with a pharmaceutical lobbyist - enjoys a reputation rivaling that of the rotund Sensenbrenner. The lowlight of his reign took place just before midnight on July 17th, 2003, when Thomas dumped a "substitute" pension bill on Democrats - one that they had never read - and informed them they would be voting on it the next morning. Infuriated, Democrats stalled by demanding that the bill be read out line by line while they recessed to a side room to confer. But Thomas wanted to move forward - so he called the Capitol police to evict the Democrats.
Thomas is also notorious for excluding Democrats from the conference hearings needed to iron out the differences between House and Senate versions of a bill. According to the rules, conferences have to include at least one public, open meeting. But in the Bush years, Republicans have managed the conference issue with some of the most mind-blowingly juvenile behavior seen in any parliament west of the Russian Duma after happy hour. GOP chairmen routinely call a meeting, bring the press in for a photo op and then promptly shut the proceedings down. "Take a picture, wait five minutes, gavel it out - all for show" is how one Democratic staffer described the process. Then, amazingly, the Republicans sneak off to hold the real conference, forcing the Democrats to turn amateur detective and go searching the Capitol grounds for the meeting. "More often than not, we're trying to figure out where the conference is," says one House aide.
In one legendary incident, Rep. Charles Rangel went searching for a secret conference being held by Thomas. When he found the room where Republicans closeted themselves, he knocked and knocked on the door, but no one answered. A House aide compares the scene to the famous "Land Shark" skit from Saturday Night Live, with everyone hiding behind the door afraid to make a sound. "Rangel was the land shark, I guess," the aide jokes. But the real punch line came when Thomas finally opened the door. "This meeting," he informed Rangel, "is only open to the coalition of the willing."
Republican rudeness and bluster make for funny stories, but the phenomenon has serious consequences. The collegial atmosphere that once prevailed helped Congress form a sense of collective identity that it needed to fulfill its constitutional role as a check on the power of the other two branches of government. It also enabled Congress to pass legislation with a wide mandate, legislation that had been negotiated between the leaders of both parties. For this reason Republican and Democratic leaders traditionally maintained cordial relationships with each other - the model being the collegiality between House Speaker Nicholas Longworth and Minority Leader John Nance Garner in the 1920s. The two used to hold daily meetings over drinks and even rode to work together.
Although cooperation between the two parties has ebbed and flowed over the years, historians note that Congress has taken strong bipartisan action in virtually every administration. It was Sen. Harry Truman who instigated investigations of wartime profiteering under FDR, and Republicans Howard Baker and Lowell Weicker Jr. played pivotal roles on the Senate Watergate Committee that nearly led to Nixon's impeachment.
But those days are gone. "We haven't seen any congressional investigations like this during the last six years," says David Mayhew, a professor of political science at Yale who has studied Congress for four decades. "These days, Congress doesn't seem to be capable of doing this sort of thing. Too much nasty partisanship."
One of the most depressing examples of one-party rule is the Patriot Act. The measure was originally crafted in classic bipartisan fashion in the Judiciary Committee, where it passed by a vote of thirty-six to zero, with famed liberals like Barney Frank and Jerrold Nadler saying aye. But when the bill was sent to the Rules Committee, the Republicans simply chucked the approved bill and replaced it with a new, far more repressive version, apparently written at the direction of then-Attorney General John Ashcroft.
"They just rewrote the whole bill," says Rep. James McGovern, a minority member of the Rules Committee. "All that committee work was just for show."
To ensure that Democrats can't alter any of the last-minute changes, Republicans have overseen a monstrous increase in the number of "closed" rules - bills that go to the floor for a vote without any possibility of amendment. This tactic undercuts the very essence of democracy: In a bicameral system, allowing bills to be debated openly is the only way that the minority can have a real impact, by offering amendments to legislation drafted by the majority.
In 1977, when Democrats held a majority in the House, eighty-five percent of all bills were open to amendment. But by 1994, the last year Democrats ran the House, that number had dropped to thirty percent - and Republicans were seriously pissed. "You know what the closed rule means," Rep. Lincoln Diaz-Balart of Florida thundered on the House floor. "It means no discussion, no amendments. That is profoundly undemocratic." When Republicans took control of the House, they vowed to throw off the gag rules imposed by Democrats. On opening day of the 104th Congress, then-Rules Committee chairman Gerald Solomon announced his intention to institute free debate on the floor. "Instead of having seventy percent closed rules," he declared, "we are going to have seventy percent open and unrestricted rules."
How has Solomon fared? Of the 111 rules introduced in the first session of this Congress, only twelve were open. Of those, eleven were appropriations bills, which are traditionally open. That left just one open vote - H. Res. 255, the Federal Deposit Insurance Reform Act of 2005.
In the second session of this Congress? Not a single open rule, outside of appropriation votes. Under the Republicans, amendable bills have been a genuine Washington rarity, the upside-down eight-leafed clover of legislative politics.
When bills do make it to the floor for a vote, the debate generally resembles what one House aide calls "preordained Kabuki." Republican leaders in the Bush era have mastered a new congressional innovation: the one-vote victory. Rather than seeking broad consensus, the leadership cooks up some hideously expensive, favor-laden boondoggle and then scales it back bit by bit. Once they're in striking range, they send the f@cker to the floor and beat in the brains of the fence-sitters with threats and favors until enough members cave in and pass the damn thing. It is, in essence, a legislative microcosm of the electoral strategy that Karl Rove has employed to such devastating effect.
A classic example was the vote for the Central American Free Trade Agreement, the union-smashing, free-trade monstrosity passed in 2005. As has often been the case in the past six years, the vote was held late at night, away from the prying eyes of the public, who might be horrified by what they see. Thanks to such tactics, the 109th is known as the "Dracula" Congress: Twenty bills have been brought to a vote between midnight and 7 a.m.
CAFTA actually went to vote early - at 11:02 p.m. When the usual fifteen-minute voting period expired, the nays were up, 180 to 175. Republicans then held the vote open for another forty-seven minutes while GOP leaders cruised the aisles like the family elders from The Texas Chainsaw Massacre, frantically chopping at the legs and arms of Republicans who opposed the measure. They even roused the president out of bed to help kick @ss for the vote, passing a cell phone with Bush on the line around the House cloakroom like a bong. Rep. Robin Hayes of North Carolina was approached by House Speaker Dennis Hastert, who told him, "Negotiations are open. Put on the table the things that your district and people need and we'll get them." After receiving assurances that the administration would help textile manufacturers in his home state by restricting the flow of cheap Chinese imports, Hayes switched his vote to yea. CAFTA ultimately passed by two votes at 12:03 a.m.
Closed rules, shipwrecked bills, secret negotiations, one-vote victories. The result of all this is a Congress where there is little or no open debate and virtually no votes are left to chance; all the important decisions are made in backroom deals, and what you see on C-Span is just empty theater, the world's most expensive trained-dolphin act. The constant here is a political strategy of conducting congressional business with as little outside input as possible, rejecting the essentially conservative tradition of rule-by-consensus in favor of a more revolutionary strategy of rule by cabal.
"This Congress has thrown caution to the wind," says Turley, the constitutional scholar. "They have developed rules that are an abuse of majority power. Keeping votes open by freezing the clock, barring minority senators from negotiations on important conference issues - it is a record that the Republicans should now dread. One of the concerns that Republicans have about losing Congress is that they will have to live under the practices and rules they have created. The abuses that served them in the majority could come back to haunt them in the minority."
Step Two: Work as Little as Possible - And Screw Up Whatever You Do
It's Thursday evening, September 28th, and the Senate is putting the finishing touches on the Military Commissions Act of 2006, colloquially known as the "torture bill." It's a law even Stalin would admire, one that throws habeas corpus in the trash, legalizes a vast array of savage interrogation techniques and generally turns the president of the United States into a kind of turbocharged Yoruba witch doctor, with nearly unlimited snatching powers. The bill is a fall-from-Eden moment in American history, a potentially disastrous step toward authoritarianism - but what is most disturbing about it, beyond the fact that it's happening, is that the senators are hurrying to get it done.
In addition to ending generations of bipartisanship and instituting one-party rule, our national legislators in the Bush years are guilty of something even more fundamental: They suck at their jobs.
They don't work many days, don't pass many laws, and the few laws they're forced to pass, they pass late. In fact, in every year that Bush has been president, Congress has failed to pass more than three of the eleven annual appropriations bills on time.
That figures into tonight's problems. At this very moment, as the torture bill goes to a vote, there are only a few days left until the beginning of the fiscal year - and not one appropriations bill has been passed so far. That's why these @ssholes are hurrying to bag this torture bill: They want to finish in time to squeeze in a measly two hours of debate tonight on the half-trillion-dollar defense-appropriations bill they've blown off until now. The plan is to then wrap things up tomorrow before splitting Washington for a month of real work, i.e., campaigning.
Sen. Pat Leahy of Vermont comments on this rush to torture during the final, frenzied debate. "Over 200 years of jurisprudence in this country," Leahy pleads, "and following an hour of debate, we get rid of it?"
Yawns, chatter, a few sets of rolling eyes - yeah, whatever, Pat. An hour later, the torture bill is law. Two hours after that, the diminutive chair of the Defense Appropriations Subcommittee, Sen. Ted Stevens, reads off the summary of the military-spending bill to a mostly empty hall; since the members all need their sleep and most have left early, the "debate" on the biggest spending bill of the year is conducted before a largely phantom audience.
"Mr. President," Stevens begins, eyeing the few members present. "There are only four days left in the fiscal year. The 2007 defense appropriations conference report must be signed into law by the president before Saturday at midnight...."
Watching Ted Stevens spend half a trillion dollars is like watching a junkie pull a belt around his biceps with his teeth. You get the sense he could do it just as fast in the dark. When he finishes his summary - $436 billion in defense spending, including $70 billion for the Iraq "emergency" - he f@cks off and leaves the hall. A few minutes later, Sen. Tom Coburn of Oklahoma - one of the so-called honest Republicans who has clashed with his own party's leadership on spending issues - appears in the hall and whines to the empty room about all the lavish pork projects and sheer unadulterated waste jammed into the bill. But aside from a bored-looking John Cornyn of Texas, who is acting as president pro tempore, and a couple of giggling, suit-clad pages, there is no one in the hall to listen to him.
In the Sixties and Seventies, Congress met an average of 162 days a year. In the Eighties and Nineties, the average went down to 139 days. This year, the second session of the 109th Congress will set the all-time record for fewest days worked by a US Congress: ninety-three. That means that House members will collect their $165,000 paychecks for only three months of actual work.
What this means is that the current Congress will not only beat but shatter the record for laziness set by the notorious "Do-Nothing" Congress of 1948, which met for a combined 252 days between the House and the Senate. This Congress - the Do-Even-Less Congress - met for 218 days, just over half a year, between the House and the Senate combined.
And even those numbers don't come close to telling the full story. Those who actually work on the Hill will tell you that a great many of those "workdays" were shameless mail-ins, half-days at best. Congress has arranged things now so that the typical workweek on the Hill begins late on Tuesday and ends just after noon on Thursday, to give members time to go home for the four-day weekend. This is borne out in the numbers: On nine of its "workdays" this year, the House held not a single vote - meeting for less than eleven minutes. The Senate managed to top the House's feat, pulling off three workdays this year that lasted less than one minute. All told, a full fifteen percent of the Senate's workdays lasted less than four hours. Figuring for half-days, in fact, the 109th Congress probably worked almost two months less than that "Do-Nothing" Congress.
Congressional laziness comes at a high price. By leaving so many appropriations bills unpassed by the beginning of the new fiscal year, Congress forces big chunks of the government to rely on "continuing resolutions" for their funding. Why is this a problem? Because under congressional rules, CRs are funded at the lowest of three levels: the level approved by the House, the level approved by the Senate or the level approved from the previous year. Thanks to wide discrepancies between House and Senate appropriations for social programming, CRs effectively operate as a backdoor way to slash social programs. It's also a nice way for congressmen to get around having to pay for expensive-ass programs they voted for, like No Child Left Behind and some of the other terminally underfunded boondoggles of the Bush years.
"The whole point of passing appropriations bills is that Congress is supposed to make small increases in programs to account for things like the increase in population," says Adam Hughes, director of federal fiscal policy for OMB Watch, a nonpartisan watchdog group. "It's their main job." Instead, he says, the reliance on CRs "leaves programs underfunded."
Instead of dealing with its chief constitutional duty - approving all government spending - Congress devotes its time to dumb bullsh@t. "This Congress spent a week and a half debating Terri Schiavo - it never made appropriations a priority," says Hughes. In fact, Congress leaves itself so little time to pass the real appropriations bills that it winds up rolling them all into one giant monstrosity known as an Omnibus bill and passing it with little or no debate. Rolling eight-elevenths of all federal spending into a single bill that hits the floor a day or two before the fiscal year ends does not leave much room to check the fine print. "It allows a lot more leeway for fiscal irresponsibility," says Hughes.
A few years ago, when Democratic staffers in the Senate were frantically poring over a massive Omnibus bill they had been handed the night before the scheduled vote, they discovered a tiny provision that had not been in any of the previous versions. The item would have given senators on the Appropriations Committee access to the private records of any taxpayer - essentially endowing a few selected hacks in the Senate with the license to snoop into the private financial information of all Americans.
"We were like, 'What the hell is this?'" says one Democratic aide familiar with the incident. "It was the most egregious thing imaginable. It was just lucky we caught them."
Step Three: Let the President Do Whatever He Wants
The constitution is very clear on the responsibility of Congress to serve as a check on the excesses of the executive branch. The House and Senate, after all, are supposed to pass all laws - the president is simply supposed to execute them. Over the years, despite some ups and downs, Congress has been fairly consistent in upholding this fundamental responsibility, regardless of which party controlled the legislative branch. Elected representatives saw themselves as beholden not to their own party or the president but to the institution of Congress itself. The model of congressional independence was Sen. William Fulbright, who took on McCarthy, Kennedy, Johnson and Nixon with equal vigor during the course of his long career.
"Fulbright behaved the same way with Nixon as he did with Johnson," says Wheeler, the former Senate aide who worked on both sides of the aisle. "You wouldn't see that today."
In fact, the Republican-controlled Congress has created a new standard for the use of oversight powers. That standard seems to be that when a Democratic president is in power, there are no matters too stupid or meaningless to be investigated fully - but when George Bush is president, no evidence of corruption or incompetence is shocking enough to warrant congressional attention. One gets the sense that Bush would have to drink the blood of Christian babies to inspire hearings in Congress - and only then if he did it during a nationally televised State of the Union address and the babies were from Pennsylvania, where Senate Judiciary chairman Arlen Specter was running ten points behind in an election year.
The numbers bear this out. From the McCarthy era in the 1950s through the Republican takeover of Congress in 1995, no Democratic committee chairman issued a subpoena without either minority consent or a committee vote. In the Clinton years, Republicans chucked that long-standing arrangement and issued more than 1,000 subpoenas to investigate alleged administration and Democratic misconduct, reviewing more than 2 million pages of government documents.
Guess how many subpoenas have been issued to the White House since George Bush took office? Zero - that's right, zero, the same as the number of open rules debated this year; two fewer than the number of appropriations bills passed on time.
And the cost? Republicans in the Clinton years spent more than $35 million investigating the administration. The total amount of taxpayer funds spent, when independent counsels are taken into account, was more than $150 million. Included in that number was $2.2 million to investigate former HUD secretary Henry Cisneros for lying about improper payments he made to a mistress. In contrast, today's Congress spent barely half a million dollars investigating the outright fraud and government bungling that followed Hurricane Katrina, the largest natural disaster in American history.
"Oversight is one of the most important functions of Congress - perhaps more important than legislating," says Rep. Henry Waxman. "And the Republicans have completely failed at it. I think they decided that they were going to be good Republicans first and good legislators second."
As the ranking minority member of the Government Reform Committee, Waxman has earned a reputation as the chief Democratic muckraker, obsessively cranking out reports on official misconduct and incompetence. Among them is a lengthy document detailing all of the wrongdoing by the Bush administration that should have been investigated - and would have been, in any other era. The litany of fishy behavior left uninvestigated in the Bush years includes the manipulation of intelligence on Saddam Hussein's weapons of mass destruction, the mistreatment of Iraqi detainees, the leak of Valerie Plame's CIA status, the award of Halliburton contracts, the White House response to Katrina, secret NSA wiretaps, Dick Cheney's energy task force, the withholding of Medicare cost estimates, the administration's politicization of science, contract abuses at Homeland Security and lobbyist influence at the EPA.
Waxman notes that the failure to investigate these issues has actually hurt the president, leaving potentially fatal flaws in his policies unexamined even by those in his own party. Without proper congressional oversight, small disasters like the misuse of Iraq intelligence have turned into huge, festering, unsolvable fiascoes like the Iraq occupation. Republicans in Congress who stonewalled investigations of the administration "thought they were doing Bush a favor," says Waxman. "But they did him the biggest disservice of all."
Congress has repeatedly refused to look at any aspect of the war. In 2003, Republicans refused to allow a vote on a bill introduced by Waxman that would have established an independent commission to review the false claims Bush made in asking Congress to declare war on Iraq. That same year, the chair of the House Intelligence Committee, Porter Goss, refused to hold hearings on whether the administration had forged evidence of the nuclear threat allegedly posed by Iraq. A year later the chair of the Government Reform Committee, Tom Davis, refused to hold hearings on new evidence casting doubt on the "nuclear tubes" cited by the Bush administration before the war. Sen. Pat Roberts, who pledged to issue a Senate Intelligence Committee report after the 2004 election on whether the Bush administration had misled the public before the invasion, changed his mind after the president won re-election. "I think it would be a monumental waste of time to re-plow this ground any further," Roberts said.
Sensenbrenner has done his bit to squelch any debate over Iraq. He refused a request by John Conyers and more than fifty other Democrats for hearings on the famed "Downing Street Memo," the internal British document that stated that Bush had "fixed" the intelligence about the war, and he was one of three committee chairs who rejected requests for hearings on the abuse of Iraqi detainees. Despite an international uproar over Abu Ghraib, C
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"I do not feel obliged to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use." -- Galileo Galilei
"It ain't what you don't know that gets you into trouble.
It's what you know for sure that just ain't so. "
Mark Twain
You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist. - F. Nietzche
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10/21/2006 10:35 AM
