Filibuster

Harry Reid, who was for the filibuster before he was against it, has determined that this hallowed protection of the political minority from the tyranny of the majority must end.  First, some background.

The Senate’s filibuster process is enshrined in two Senate rules, Rules 22 and 5.  Rule 22 says in pertinent part

“Is it the sense of the Senate that the debate shall be brought to a close?” And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn—except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting—then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of.

Thus, if only 90 Senators of 100 sitting are present, ending the filibuster would still require 60 votes.

Rule 5 is this, in its entirety:

SUSPENSION AND AMENDMENT OF THE RULES

1. No motion to suspend, modify, or amend any rule, or any part thereof, shall be in order, except on one day’s notice in writing, specifying precisely the rule or part proposed to be suspended, modified, or amended, and the purpose thereof.  Any rule may be suspended without notice by the unanimous consent of the Senate, except as otherwise provided by the rules.

2. The rules of the Senate shall continue from one Congress to the next Congress unless they are changed as provided in these rules.

There are three items of interest here:

  • it takes a 2/3 vote of sitting Senators to approve a Rules change
  • a rules change effort requires at least a one-day advance notice
  • rules continue from one Congressional session to another—that’s why they’re called “Standing Rules.”

As Hans A von Spakovsky, writing in the National Review Online, puts it,

[T]he Senate has always considered itself a continuing body, because only a third of its members are up for election at any one time.

Now the move.  Enter stage left, the Progressive Senator from Nevada, Majority Leader Harry Reid (D, NV).  Reid has announced that he will move to alter (eliminate) Rule 22 (the filibuster rule) in the coming Congressional session.  And he’s said he’ll do it

on the first day of the new session

and

it will take only a simple majority of 51 votes to shut down debate on the proposal.

There are three items of interest here, too.

  • a minor point: he cannot do this on the first day of the new session; Rule 5 demands a day’s prior notice—this means he cannot attempt his change until the second day.
  • a critical point: he cannot do this without a  2/3 vote to end debate on his proposed change—no simple majority allowed—unless
  • a critical point: he violates Rule 5 (again) by disregarding the fact that the Senate’s Rules continue from Congressional session to Congressional session.  That’s the only way he can get from a super majority to shut down debate on his Rule change to a simple majority.

There’ a fourth item of interest, too.  This is what Reid said in 2005, when the Republicans were contemplating a similar move:

For people to suggest that you can break the rules to change the rules is un-American. …a rule that now says to change a rule in the—in the—Senate rules to break a filibuster there still requires 67 votes….  But now we’re told that they’re going to…come in here and have the Vice President [preside], and he would just say the Parliamentarian, which would acknowledge that it’s illegal, it’s wrong…he would just overrule.  You would be breaking the rules to change the rules—very un-American.

And

The filibuster is far from a “procedural gimmick.” It is part of the fabric of this institution. It was well known in colonial legislatures, and it is an integral part of our country’s 217 years of history.

The roots of the filibuster can be found in the Constitution and in the Senate rules.

If Republicans rollback our rights in this Chamber, there will be no check on their power.  The radical, right wing will be free to pursue any agenda they want.

And from President Barack Obama, through Dan Pfeiffer, his White House Communications Director:

The President has said many times that the American people are demanding action. They want to see progress, not partisan delay games.  That hasn’t changed, and the President supports Majority Leader Reid’s efforts to reform the filibuster process.

Which follows Senator Obama’s remarks on filibuster in 2005:

What [the American people] don’t expect is for one party—be it Republican or Democrat—to change the rules in the middle of the game so that they can make all the decisions while the other party is told to sit down and keep quiet.

…that if the majority chooses to end the filibuster, if they choose to change the rules and put an end to democratic debate, then the fighting and the bitterness and the gridlock will only get worse.

Is there any clearer demonstration of the dishonesty of the Progressive Movement in the United States government?

Some Thoughts on a Pseudo-Wonk’s Thoughts on the Coming Fiscal Cliff

I don’t ordinarily take guys like Ezra Klein seriously.  He is, after all, the pseudo-wonk who claimed in all seriousness, during a December 2010 interview on MSNBC’s “The Daily Rundown,” that our Constitution doesn’t matter; it’s just an inconvenient scrap of paper too often in the way of the Progressives’ Proper Way:

[The Constitution of the United States] has no binding power on anything.  …the text is confusing because it was written more than a hundred years ago….

However, since he is taken seriously by so many on the Left, and he’s just written another tendentious piece of misunderstanding, I find myself drawn to comment.  In writing for Newsday just after Christmas, he made the remarks described below.

I’ll begin by briefly addressing Klein’s windy argument concerning Conservative distrust of Democrats’ spending cut promises.  Klein insists that welching on such promises is a good thing:

The point of austerity is to solve a deficit problem, not yoke the future to the imperfect forecasts of the past.  Once the deficit problem goes away, so too does the reason for austerity.

He also makes his view of the moral appropriateness of breaking promises explicit:

After 1997, spending rose.  But by then, the economy was roaring, and within a few years, we were at surpluses.  So why shouldn’t Congress have been a bit looser with the purse?

And

But if the economy in eight years is far better than we expect it to be today, Congress should change course.  If the cuts to spending don’t need to be so deep, then huzzah! Ratchet them back.

Because—well, Klein never offers a reason.  For him, Big Government spending Americans’ money is the Natural Order.  Big Government is its own raison d’être.

I’ll address his disingenuousness in claiming that leaving more money in the hands of Americans, rather than those of Big Government—reducing government spending, making possible reducing taxes—is somehow austere later.  First, I’ll talk about his outright lie:

[Conservatives’] goal isn’t to reduce deficits.  If it was, they’d be open to tax increases.

And

[Conservatives’] real goal: Not smaller deficits, but smaller government.

Because raising taxes is the One True Way to reduce deficits.

Actually, on one level, Klein’s charge isn’t a malicious slur, at all: Conservatives aren’t interested in reducing deficits; they’re interested in eliminating them altogether.  But Klein wasn’t going there.  Here’s the thing: Conservatives are interested in…reducing…deficits, by cutting spending.  Conservatives also see the optimal long-term path to this—especially in light of Progressives’ view that breaking promises is morally sound—as being to shrink government back to a small, limited entity that the Sovereign people can better control.  The existence of these alternate paths proves the lie in Klein’s charge.

Interestingly, Klein makes his lie as if he believes, in all sincerity, that smaller government is somehow bad.  But one of his movement’s founding forebears, Herb Croly, has already enshrined that concept in the Progressive religion:

To be sure, any increase in centralized power and responsibility, expedient or inexpedient, is injurious to certain aspects of traditional American democracy.  But the fault in that case lies with the democratic tradition; and the erroneous and misleading tradition must yield before the march of constructive national democracy….  [T]he average American individual is morally and intellectually inadequate to serious and consistent conception of his responsibilities as a democrat.

Klein argues, to return to the question of austerity and to questions of spending, taxes, and Big Government:

The point of austerity is to solve a deficit problem, not yoke the future to the imperfect forecasts of the past.  Once the deficit problem goes away, so too does the reason for austerity.

Of course, it should go the other way, too. The Bush tax cuts, which were passed to pay down a surplus, should be rescinded now that deficits have returned.  But Republicans don’t see it that way.

Based on what theory, exactly, should taxes be increased?  Klein declines to offer any support at all for this bald, unsubstantiated claim.  Not the first particle of a fact, not a single line of logic.  Part of his failure, though, stems from his misunderstanding that the Bush tax cuts were intended to “pay down a surplus” (has there been a more cynically offered non sequitur—”pay down a surplus?”) rather than to leave more of Americans’ money in their own hands.  But this is symptomatic of Klein’s blinders (yes, that’s contradictory.  Deal with it).  Big Government is such an obviously positive wonder that explanation seems contained in the statement.

He adds to his curious remark above this:

Rather, austerity is one of many arguments marshaled toward the long-term end of shrinking the size of government.  That’s why a deal that solves the deficit problem and then sees government spending rise in its eight year is a failure rather than a success—it betrayed the actual goal of shrinking the size of the government, even if it succeeded in the putative goal of balancing the budget.

Here’s the cynicism of his austerity claims.  Klein conflates austerity with reduced government spending, austerity with leaving more money in the hands of the individuals otherwise taxed—as though more money in private hands makes somehow for a more limited existence.  No, what is austere is taking money away from those who already are paying far more than their share by raising taxes on them; or taking money away from anyone by raising taxes in the middle of a failed recovery or while deficit spending remains out of control.

He does states a truth, yet fails to recognize it.  A budget that grows government is, rather tautologically, a failure.  One of the points of the goal of shrinking the size of government (beyond facilitating the preservation of individual freedoms and duties) is to exercise better control over its budget—so as to eliminate deficits (not just reduce them), so as to pay down (if not eliminate, from time to time) the debt and keep it under control.

Moreover, Conservatives don’t see the effectivity of raising taxes in times of deficits.  Of course, they don’t—spending cuts also reduce/eliminate deficits, and more efficiently so.  Spending cuts are immediate and direct (note that I’m talking about actual cuts, not the accounting games that both parties play, wherein they claim a reduction in the rise in spending rate is a cut).  Tax increases, though, however well-intended, get diverted into funding another neat program—there’s always a neat program waiting for money—rather than get used to reduce deficits.

But Klein, like all pseudo-wonks of the Left, simply can’t conceive of spending cuts.  He can’t conceive of letting Americans see to their own ends without (his) Big Government hanging over their shoulder making sure that the ends are appropriate and that their satisfaction is via an approved means.

Klein concludes

There’s little doubt that a mixture of tax increases and spending cuts could bring deficits to manageable levels within a few years.  Add in some stimulus and we could even protect the recovery between here and there.  Moreover, since the discretionary spending cuts have already been made, the next set of spending cuts will likely focus on entitlements.

“Add in some stimulus….”  So much for the spending cuts.  He just doesn’t understand the whole premise of reducing spending.  But economics also is more than 100 years old, and so confusing to someone who finds it inconvenient.

And, yes, Ezra, there is considerable doubt that “a mixture of tax increases and spending cuts could bring deficits to manageable levels.”  That’s why there’s this debate in DC.

Finally: shrinking government would accomplish all of this, too, and it would make the manageability of the deficits more permanent.  But Klein ignores the larger point (I’m confident that he sees it, for all his confusion): even a manageable deficit represents debt growth, and our current debt of $161/3 trillion and growing already is at unsustainable levels—interest payments alone currently run to $220 billion/year and that’s only going to get worse as the coming Bernanke Inflation begins to take hold, driving up interest rates.  Imagine the precious entitlements that could be funded with that money were it not wasted on the debt of the profligate.  Imagine the national defense capability that could be had for that kind of money (which would represent a one-third increase in the 2012 DoD budget).  Imagine the real stimulus our economy could have were that money committed to a $220 billion reduction in the taxes Americans pay to Klein’s bloated government.

Spending cuts, though, as the means to eliminate deficits in order to enable paying down national debt, and shrinking government to a proper size so as to maintain that reduced spending and taxation, is inconceivable to today’s Progressives.

YGTBSM, Again

The Teachers College Record is pushing this with a straight face.

Resisting Compliance: Learning to Teach for Social Justice in a Neoliberal Context

by Bree Picower — 2011
Background/Context: This study examines education in the context of neoliberalism and how current educational policies such as high-stakes testing and mandated curriculum create schooling environments hostile to social justice education. Relying on education for liberation literature, teacher education for social justice scholarship, and work on critical pedagogy, this study explores how new teachers who teach from a social justice perspective navigate the challenges of their first year in teaching.

Purpose/Objective/Research Question/Focus of Study: This study asks, What strategies do new teachers use to stay true to their vision of teaching for social justice despite the challenges they face in their school environments?

Population/Participants/Subjects: During the course of the study, 4 of the 6 participants were full-time classroom teachers. The 2 other participants were still taking education classes while student- and assistant teaching. All worked in a variety of urban elementary schools.

Intervention/Program/Practice: The participants were all members of a social justice critical inquiry project (CIP) group that met at the university from which they graduated.

Research Design: This was a qualitative study that used design-based research.

Data Collection and Analysis: Data were collected from three sources: transcripts from audio and videotaped CIP sessions, ethnographic interviews with participants, and participants’ written reflections. Data were analyzed using grounded theory method.

Findings/Results: The teachers developed four strategies for teaching for social justice. First, by participating in a critical inquiry project, the teachers supported each other by building a safe haven that protected their vision. Second, the participants camouflaged their critical pedagogy by integrating it with the mandated curriculum, which allowed them to teach from a social justice perspective without rousing the concerns of their administration. The third strategy was to develop their students as agents of change. Finally, in a few instances, the teachers went public with their work by rejecting or speaking against policies that they felt were not in the best interests of their students.

Conclusions/Recommendations: Although these four strategies allowed participants to successfully create critical classrooms, they did not impact the larger neoliberal forces that maintain unjust schooling experiences. This has implications for teacher education, and the author suggests recommendations for schools of education.

The article itself is behind TCR‘s pay wall, should you wish to wade through it.  For my money, it wasn’t worth it.   The sample size says a lot about the laziness of the “scholarship” involved.  One of the strategies—”the participants camouflaged their critical pedagogy by integrating it with the mandated curriculum, which allowed them to teach from a social justice perspective without rousing the concerns of their administration”—says all there is to say about the level of integrity of this “scholarship.”

Their logo includes the slogan “The Voice of Scholarship in Education.”  Yet they haven’t a clue of what scholarship consists.  Are we really teaching our teachers this one-sidedness?

 

h/t National Review Online‘s “Phi Beta Cons

The Fiscal Cliff “Deal”

It’s a bad deal, and the Republicans in the House should vote it down.  Indeed, they should refuse even to take up the bill until the Senate has actually voted on the budget bill which the House passed in spring of last year, which would obviate all of this, or on the House-passed fiscal cliff solution from last September (which CBSNews claims doesn’t address the fiscal cliff, even though it significantly reduces Federal spending).

If the House Republicans accede to this deal, there’ll be no meaningful spending cuts, no chance for deficit elimination, no chance for debt pay down, the coming debt ceiling “negotiations” notwithstanding.  No, the Republicans will only be confirming their failure in summer of 2011, and their Senate failure last night, and solidifying their habit of folding under pressure.  And so it will be easy for them to fold, yet again, in two months’ time.

But quite aside from that political failure, they will be creating an economic and social failure: there is no need for the Federal government to receive yet more revenue.  Yet allowing the government to expand its raids on the private pocketbook, they will be condemning Americans to existence as government wards.  After all, President Barack Obama is on record in his victory speech yesterday as saying he intends to use this tax increase to fund additional “welfare,” rather than to pay down the debt, and as saying he wants yet more tax increases in the next round of talks—with which to expand “welfare.”

Even the chump change spending cuts in this deal represent abject surrender for the emasculated party.  The deal agrees to slip the sequester by two months, but that only achieves a spending cut of $24 billion.  That’s one surrender, but it could have been choked down in favor of dealing seriously with spending in the coming debt ceiling debate.  However,

Republicans had insisted the cuts of $24 billion be offset with savings in other areas.  The White House wanted some of the offset to be in the form of tax increases, not just other spending cuts.

Republicans folded (there’s that habit, again).

The deal pays for delaying the sequester with a mix of new taxes and spending cuts[.]  …$12 billion would come from a shift in the rules affecting workplace-based 401(k) plans.

A tax increase from which President Barack Obama’s union allies are carefully shielded, no matter their incomes.

This is a bad deal.

Kill it.

Happy New Year

This blogger hopes for increasing prosperity for all in the new year just begun.  Following are some additional thoughts, from those better than I.

Dinner was made for eating, not for talking.
–William Makepeace Thackeray

New Year’s Resolution: to tolerate fools more gladly, provided this does not encourage them to take up more of my time.
–James Agate

Those who gave thee a body, furnished it with weakness; but He who gave thee Soul, armed thee with resolution.  Employ it, and thou art wise; be wise, and thou art happy.
–Akhenaton

Character is the ability to carry out a good resolution long after the excitement of the moment has passed.
–Cavett Robert

And ye, who have met with Adversity’s blast,
And been bow’d to the earth by its fury;
To whom the Twelve Months, that have recently pass’d
Were as harsh as a prejudiced jury –
Still, fill to the Future! and join in our chime,
The regrets of remembrance to cozen,
And having obtained a New Trial of Time,
Shout in hopes of a kindlier dozen.
–Thomas Hood

We spend January 1 walking through our lives, room by room, drawing up a list of work to be done, cracks to be patched.  Maybe this year, to balance the list, we ought to walk through the rooms of our lives…not looking for flaws, but for potential.
–Ellen Goodman

New Year’s Day: now is the accepted time to make your regular annual good resolutions.  Next week you can begin paving hell with them as usual.
–Mark Twain

Youth is when you’re allowed to stay up late on New Year’s Eve.  Middle age is when you’re forced to.
–Bill Vaughn

This bit of ’70s-style wisdom:

A year from now, you’re gonna weigh more or less than what you do right now.
–Phil McGraw

And finally,

Let our New Year’s resolution be this: we will be there for one another as fellow members of humanity, in the finest sense of the word.
–Goran Persson