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Posts Tagged ‘Boehner’

Boehner vs. Obama: A farce, with a point

Posted by Peter M. Shane on June 30, 2014

To the skeptical, Speaker John Boehner’s threatened lawsuit against the President for not faithfully executing the laws seems a cynical attempt to appease a GOP faction that thinks “governing while Obama” is an impeachable offense. We might see the suit more charitably as a misguided stab at attacking a serious issue.

The rest of the analysis appears here.

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The Two-Mandate Myth: An Ohio View

Posted by Peter M. Shane on November 8, 2012

Within moments of President Obama’s apparent victory in both popular and electoral votes, Speaker Boehner was claiming that Republicans enjoy their own mandate from the 2012 elections – Republicans kept control of the House. I’m searching in vain for a polite word for this argument.

With unemployment still near 8 per cent and a majority of voters thinking the country is on the wrong track, the Democrats nonetheless not only retained the White House, but increased their majority in the Senate and racked up a string of victories, coast-to-coast, for unmistakably progressive causes and candidates. They won these victories because, in a head to head contest with opposing views, the Democratic or, more generally, the progressive, view proved more appealing.

The reason why the Republicans still have the House is simple: gerrymandering. According to NYU’s Brennan Center for Justice, Republicans used their complete control of 17 state governments after the 2010 elections to pack Democrats into fewer “safe” Democratic districts and create 11 additional “likely” seats for Republicans – that is, seats where the GOP could be expected to routinely receive 55-60% of the vote in a two-party contest.

Not surprisingly, the Rothenberg Report, using its own definitions and polling data, found the GOP with 205 safe seats on the eve of the election; they needed to prevail in only 13 competitive races to maintain control of the House.

Consider the case of Ohio. President Obama won by two points. Sherrod Brown beat  Josh Mandel by a little over 5. With 16 congressional seats up for grabs, it would stand to reason, would it not, that the districts would split perhaps evenly?

Instead, Ohio’s House delegation will go 75% to the Republicans, with only four seats going to Democrats. All four Democrats won in packed Democratic districts. Indeed, the 11th District was so uncompetitive for Republicans, and the 8th District – John Boehner’s – so hopeless for Democrats, that those two representatives ran unopposed. Only 3 of the 16 elected representatives won by under 55 per cent of the vote. Counting the two unopposed incumbents, 8 won by over 60 per cent. Mapmaking is a beautiful thing.

Another way to look at this is to compare the total votes cast for each party’s congressional candidates. Of the 4,849,628 Ohioans who voted for a Democratic or Republican candidate for Congress in 2012, 2,545,368, or 52.5 percent, voted for a Republican and 2,304,260, or 47.5 percent voted for a Democrat. Apply these percentages to a 16-seat delegation and you get an 8-8 split if the delegation is apportioned according to the popular vote.

In gerrymandering the state, Ohio’s Republican legislature and governor not only gave the party an unearned gift of four congressional seats, but probably made it harder to recruit the strongest Democratic candidates for all contested elections. Running as a candidate in a district where voting registration favors the other party by a 20-point margin means you will not only lose, but you are unlikely to get the kind of funding or volunteer support necessary to stave off total embarrassment.

So let’s not be confused. November 6, 2012 provided a conspicuous electoral mandate for a progressive agenda in the United States. The Republicans could stack the deck for House elections (although they still lost seats, mind you). But when the dealer working a stacked deck gets a full house — or, in this case, a full House — it’s not a mandate for the dealer. It’s just the fruit of (in this case, lawful) cheating.

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“Job Creators” or “Hostage Takers?”

Posted by Peter M. Shane on September 26, 2011

When I started blogging occasionally for Huffington Post, I resolved to confine my use of this platform to issues on which my professional background in constitutional and administrative law would give me (and any readers I might have) the advantage of some actual expertise.

On this particular occasion, however, with our political system seemingly stuck at the depths of dysfunction, I feel the need to rant. The occasion is yesterday’s speech by House speaker John Boehner (R-OH) to the Economic Club of Washington. This is how he summed up the current state of the economy: “Job creators in America are essentially on strike.”

To be “on strike” is a telling metaphor — especially interesting if one suspects, as I do, that Speaker Boehner is typically not in sympathy with strikes. To strike, by definition, is to refuse voluntarily to perform the work you would otherwise be doing — the kind of thing that right-wing pundits would normally call “extortion.”

So, I have a proposal. From now on, instead of using “job creators” to identify the businesses that are sitting on huge piles of cash, raking in unprecedented corporate profts, and benefiting from tax breaks and bailouts that have underwritten a cushy life for unaccountable CEO’s, let’s call them what they really are: “hostage-takers.”

The hostages are us.

The hostage-takers want you to believe that tax cuts are always good for the economy. So, how did we do after the Bush tax cuts? As summed up by Ronald Brownstein,

On every major measurement, the Census Bureau report shows that the country lost ground during Bush’s two terms. While Bush was in office, the median household income declined, poverty increased, childhood poverty increased even more, and the number of Americans without health insurance spiked. By contrast, the country’s condition improved on each of those measures during Bill Clinton’s two terms, often substantially.

The hostage-takers want you to believe that regulations kills jobs and, let’s face it, those child labor laws really did kill factory work opportunities for 10-year olds. But regulations can actually create jobs, by generating markets for new goods and services, and by boosting consumer demand as a result of increasing confidence in the marketplace.

Excessive regulation is hardly the problem that created the housing crisis and banking sector meltdown. Quite the reverse. So, to say that regulations per se are the enemy of growth is just wrong.

The hostage-takers want you to believe that all business needs in order to start hiring again is “certainty.” Guess what? There is no “certainty” in the economy; there is only risk. Political scientist Jacob Hacker has documented in compelling terms what he calls the “great risk shift” — the poisonous trajectory of right-wing public policy in which the corporate elite and their political allies have shifted economic risk from their shoulders and placed it on the shoulders of workers and the middle class, who now have less job security, fewer benefits, and a lower median wage, even as productivity improves.

I now have a modest proposal. Let’s stop negotiating with hostage-takers. Let’s stand up to them. Let’s insist that the machinery of government was not designed to accelerate the concentration of wealth in the hands of a very few, while the rest of the population experiences the worst poverty rate in decades and the most dramatic income inequalities in nearly a century. Let’s remind the hostage takers that ours was intended to be a “government of the people, by the people, and for the people.”

And we don’t pay ransom.

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