Speaker McCarthy’s Deal with the Devil: Reinforcing Minority Rule

   

As the Supreme Court considers the Constitutional extent of state legislatures to set control of election parameters and results, free from judicial scrutiny – in Moore vs Harper – you should ask yourself why this case is even pending. Isn’t the fundamental thrust of elections to produce fair and just results? But for anyone who has seriously examined both our Constitution and its application, you know that there are embedded and virtually immutable provisions in our system of governance that prevent that from happening. Start with having two Senators from each state, regardless of population, and you have equal representation between Wyoming (with fewer than 600,000 residents) and California (with over 40 million). Because of this anomaly, passed when 94% of the United States was rural and agricultural, 30% of the US population votes for half the Senate.

But the embedded inequality does not stop there. Five US presidents were elected by the Electoral College even as they were unable to achieve a popular majority. Including two modern presidents: George W Bush and Donald J Trump. Notwithstanding the post-Civil War 13th, 14th and 15th Amendments, state legislatures have since been tripping all over each other in an attempt to tilt acceptable voters to embrace only their obvious supporters. Via gerrymandering. Tangible proof of voter qualification requirements. Placing polling stations only where incumbent-favored voters reside. Wholesale voter disqualification. Placing limitations on how voting must take place, which usually favors incumbent. Etc.

For those who point to our ability to amend the Constitution, in a modern, highly polarized country, that is close to impossible for any issue that might matter. The United States has the least amendable Constitution in the democratic world. Our last amendment, the 27th, was passed in 1992, 203 years after being proposed. It supported a particularly uncontroversial provision that Congress could not vote itself a raise without an intervening election. Instead, a highly “legislative” conservative Supreme Court has appointed itself as having the ability to amend the Constitution through distortive interpretation.

So, it cannot come as a surprise that a post that has routinely been filled through a simple majority vote, easily obtained – Speaker of the House of Representatives (third in line to step into the presidency) – faced a polarize brick wall that this country has not seen in over a century. A tiny minority of right-wing members of Congress (well under 5% of the total) used their power within the slight-majority GOP House contingent to force an egotistic Kevin McCarthy, wanting to be speaker at any price, to give them what they demanded to take him over the top in the 15th round of House voting. Some of their requests are embodied in rule-making that is subject to an open House vote. Some of their requests, notably key committee and subcommittee appointments, are cloaked in secrecy… until the Speaker announces the appointments.

Eschewing the normal pattern of appointments and floor votes, the Speaker tied his hands and exacerbated the toxic polarization that defines Congress today. Those claims that a “healthy debate” produced a “democratic result” (McCarthy’s election to Speaker) are absurd on their face. Even the conservative Wall Street Journal (January 7th) saw through that ruse:

“[McCarthy’s last] concessions turned 15 votes, and then enough of the last holdouts voted ‘present’ to give him a majority. But the price of victory has been high—both in lost authority for the new Speaker and perhaps in the ability of the new Republican majority to get anything done.

“Don’t believe the happy talk that this was a healthy display of deliberative democracy. This was a power play. A group of backbenchers saw an opportunity to exploit the narrow GOP margin of five seats to put themselves in positions of power that they hadn’t earned through seniority or influence with colleagues.

“They couched their demands in claims of high principle and fixing a “broken” House by returning to ‘regular order.’ Some of what they sought could do some good, such as holding votes on all 12 spending bills for a change. Democrats and some Republicans prefer trillion-dollar omnibus bills that hide a thousand special-interest favors and earmarks. Holding votes on a constitutional amendment for term limits and a balanced-budget resolution are symbolic but have no chance of becoming law.

“But note that the rebel demands included gaining seats of power for themselves. They won two seats on the Rules Committee that sets the terms for floor debate and amendments. This could narrow Mr. McCarthy’s maneuvering room as he tries to put together majorities for legislation.

“They also won a pledge that the top-line budget figure for domestic discretionary spending in fiscal 2024 won’t exceed what it was in fiscal 2022. That includes defense spending, which would have to fall by $75 billion if the cuts are split with nondefense accounts.

“Whatever happened to ‘regular order’? The holdouts have imposed their own budget policy here on the rest of the GOP House. The GOP’s defense hawks may be able to carve out more for the military than for social spending, but the pressure for defense cuts will be great.

“That’s a terrible signal to send adversaries who are increasingly belligerent, as well as to defense contractors who need certainty about funding to make proper investments. The dovish House Republicans will find themselves allied with President Biden and the Democratic left, of all people. The Senate will have to save the day.”

Indeed, limiting what can pass is just the tip of the iceberg. Fund managers will continue to pay taxes at rates lower than their clerical employees. Sheltering income remains big business, but the focus is on cutting spending not simply finding other ways to fund government. This tiny right-wing minority continues to believe that that can force the majority of Americans to abide by their beliefs and their rules, whether that majority agrees or not. Religious beliefs and open gun ownership included. The disgraced Donald J Trump still controls the GOP.

I’m Peter Dekom, and we have broken so far away from the notion of majority rule that I have to wonder if that goal is even capable of being achieved anymore.