Category Archives: Political Commentary

Have A Dos Equis

Today is my first Cinco de Mayo since leaving southern California, and clearly the holiday is much less a part of the culture in southern Florida than it is there. It’s not a day that I’ve ever celebrated myself, and given the ongoing disaster that has been Mexican governments, alternating between feudalism and crony socialism, since Independence and up to the present day, I’m often puzzled that the Mexicans celebrate it, though I suppose they’re still better off than they were as a colony, given who the colonialists were. It wasn’t, of course, the day that they won their independence–that happened much earlier–but it was almost certainly the day that they cemented it.

But for Americans, there is one thing to celebrate today–it was a spectacular (which is to say, typical) military disaster for the French.

High Water Mark of Federalism?

For years the Republicans have been champions of Federalism and the Democrats have been trying to have the Federal Government bring the States into national conformity. Now that Republicans control Congress and judicial nominees, we are likely to see those who favor and oppose Federalism switch sides.

The Republicans seem to be more aggressive at consolidating their new found power than Democrats are in holding onto theirs. For example, ramming through redistricting off cycle in Texas. Another example is the threat of the “Nuclear Option” underscores that collegiality and continuity are not more important to the current Republican leadership than partisan interests.

The Supreme Court is also moving in that direction and will do so decisively once there are a few more Republican appointees on the Court. Conditional federal spending like the No Child Left Behind Act largely invalidate any state independence of the sort granted in Lopez which lined out criminal, education and family law as provinces of the States. (I am surprised that no state has made it a felony to be a three-term Senator. That would test whether criminal law really is something a state can do and potentially allow term limits for federal officials to move forward.)

As red state policy becomes federal law, it will be more and more difficult for blue states to maintain their independent policies. There is a narrow window while Republican legislators and the Republican judiciary has not fully internalized the polarity switch. During this time, Democrats can try to cement Federalism before Republicans realize they no longer need this issue.

My guess is that the time for Federalism has passed and that Democrats will convert to Federalism more slowly than Republicans convert away from it. I look forward to reading how the Supreme Court Justices and some of the more self-important partisan publications will justify their newly-found interests in the opposite sides of the Federalism debate.

Thermonuclear Option

The Senate leadership is pondering repealing the cloture requirement of 60 votes to close debate and stop a filibuster for judicial nominees. Cloture would be repealed not through a formal rule change, but through a clever finesse of the rules. The parliamentarian responsible for interpreting how the rules apply would simply invalidate the cloture rule. This would be challenged and the rule would need 51 votes to keep it at that point assuming Dick Cheney is against.

The Senate Democrats have warned that they will bring all business to a halt in the Senate were this to occur. This is credible, but in turn may be finessed with something even more drastic.

Here is a new option–call it a thermonuclear option–that would allow the Senate to switch to a new majoritarian mode and continue to function. A member would call a point of order saying that none of the rules are in order because they had not been approved by a majority of the current members. The parliamentarian would rule that yes, after over 200 years of precedent, the original Senators clearly made a mistake in assuming that Senate rules bound future Senates. The majority could then go on to adopt any rules they want. This could allow it to continue to function without the participation of any Democrats.

Cloture should be an issue that cuts across party lines. If the Senate repealed cloture on all legislation, the House would have equal say in all matters for a change. This would be a big boon to states like California, New York and Texas that are highly underrepresented in the Senate. Democrat Senators from all States that have nine or more Representatives in the House should be in favor.

The flip side of course is that small state Senators should be opposed. There are many more small state Senators than large state Senators. For this reason, cloture is unlikely to ever be repealed without a massive buyout transferring money from large states to small to compensate them for the lost pork in future years. Even cloture removal just for judicial nominations would be a critical weakening of small state power.

While I like supermajoritarianism in general, I have not been a fan of supermajority requirement in the Senate and a simple majority requirement in the House. This systematically bleeds money from big states to small states. While perhaps a sensible policy during colonization, now it is just a pork fest. Arnold Schwarzenegger made that point after getting elected. My question is, “Why has the House not imposed its own 60% cloture requirement to balance the power in the Senate?”

More on legislative power can be found in “The Senate: An Institution Whose Time Has Gone?” in The Journal of Law and Politics, 1997.

None Of The Above

I’ve made this point before, but it seems I have to point it out almost continually. Glenn discusses Bush’s current (relatively) low approval rating. This number is, to me, almost always politically meaningless, though the pundits always want to freight it with inappropriately great import. The underlying thesis, of course, is that since the president’s approval ratings are low, this somehow represents a great opportunity for the Democrats, and that if only the numbers had been like this back in the fall, John Kerry would have been swept into office.

Nonsense.

It may be an opportunity for some theoretical Democrat party–one to which I might even in that bizarro universe belong, and for whose candidates I’d vote. But not in this universe, not with Moveon.org, and Howard Dean, and Ted Kennedy continuing to call the shots. The mindless assumption that unhappiness with one major party translates into happiness with the other continues to pervade the conventional wisdom, but consider:

I was very happy that Al Gore was not elected president in 2000. Ecstatically, almost deliriously happy. And this was even before September 11–that event just made me all the more relieved. But on any day of the Bush presidency since he took the oath of office, if you’d asked me if I approve his performance, I’d say no. On free trade, on government spending, on education, on his faux support for the “assault-weapons” ban, on any number of things, I strongly disagree with his stances and disapprove of his presidency. But since I’m not offered anything better from the other party, this is meaningless in terms of his theoretical electoral prospects, or even in terms of his getting my support on initiatives with which I agree.

Since the conventional wisdom is that Bush is a “conservative” and a “right winger” (though if a Donkey president had pushed through many of the things that this president has, e.g., the education bill co-developed with Ted Kennedy, or the huge Medicare enlargement via the prescription drug benefit, the press and the Democrats would be praising him and them to the skies), then the assumption is that unhappiness with him is unhappiness with the “conservativeness” and “right-winginess” of his proposals, and that the solution to improving his “approval” rating is to “move to the center.” The explanation rarely seems to take into account that the unhappiness may be due to lack of diligence in executing his “right-wing” proposals, or that in fact (as was the case with, for example, the education bill, or steel tariffs), they aren’t “right-wing” at all. The fact that many libertarians’ and self-identifying conservatives’ unhappiness might be dragging down his numbers never seems to occur to these people.

Of course, that might be one of the reasons that their electoral prognostications often turn out to be so wrong…

Does Drew Barrymore Sh1t In The Woods?

Apparently so, in honor of Earth Day. And she loves it.

When Barrymore (star of “E.T.” and “Charlie’s Angel’s,” to name a few of her films) bragged about defecating in the forest, Diaz responded she would like to have the same experience.

“I am so jealous right now, I am going — I am going to the woods tomorrow,” Diaz said. A clearly satisfied Barrymore laughed, repeating, “It was awesome.”

Read the whole amazing thing. Even if I had time to make the attempt, this stuff defies parody. I don’t even think this guy could manage it.

I think that Cartman gets it right:

(Driving through San Jose, Costa Rica)

Eric Cartman: Oh my God, it smells like @ss out here.

Miss Stevens: Alright, that does it. Eric Cartman, you respect other cultures this instant.

Eric Cartman: I wasn’t saying anything about their culture, I was just saying their city smells like @ss.

Miss Stevens: You may think that making fun of third-world countries is funny but let me…

Eric Cartman: I don’t think it’s funny. This place is overcrowded, smelly and poor. That’s not funny, that sucks.

[Saturday night update]

A lot of great comments at this post on the same subject by Ron Bailey at Reason.

Dim-Witted Pomposity

…the Senate, as currently composed, seems to attract people who have that potent & fatal combination of dimness and self-regard, and when you elevate those sorts to the Great National Saucer, you get idiocies like the Bolton hearing. On one side, a charmless babbler like Joe Biden, whose instinct upon finding a bad metaphor is to attenuate it until it is three microns wide; on the other side, George Voinovich, who finally showed up for a hearing and pronounced himself Disturbed by the allegations. This is like a guy skipping class on the origins [of] WW2 for a month then raising his hand to ask why they haven