Laws, Rules, Guidelines, Traditions and Process

Dear Children:

The 112^th Congress has started before the 111^th Congress has adjourned Sine Die. The new majority has announced that it doesn’t have the votes to repeal the new healthcare law as they promised. So, they’re going to bludgeon it to death procedurally, fiscally and by subpoena.

You can decide for yourselves whether the law is good, bad, in need of emendation or any number of combinations of the above. That’s your right as a thinking person.

Still, let’s take the time now to think through this “any means possible” strategy as a legislative tool. Just so you know how I feel, the ideal ought to be (in the vast majority of cases) to allow legislators to vote up or down any lawful measure. To use the Rules of the House as an endless delaying tactic strikes me as disrespectful and careless. Similarly, using the subpoena power of legislative committees as a tool of intimidation should be used reverently and sparingly. The investigation of colleagues across the aisle is a particularly nasty instrument and best left to law enforcement.

You may recall last spring the minority was up in arms over what they termed ”abuse of process”. It was subsequently suggested by Speaker Polosi that the healthcare bill, as it was returned from the Senate, not be opened for amendments bypassing debate in conference. That way, the bill could be approved by a single vote without further deliberations. The strategy worked. It was signed into law a couple of days later. The minority went apoplectic. The House went into recess; Congressmen held town hall meetings and the Tea Party Movement was born. That takes us to November 2nd.

Here we have a classic case of handing the loser a club with which to beat the winner bloody. On the one hand, healthcare reform was so important to the majority that it felt obliged to employ any tactic to get the measure passed. It was a matter of honor and promise keeping. On the other hand, the tactic so enraged the minority that it felt licensed to employ whatever tools it had at hand.

Now, the situation is reversed. The new majority will use any weapon in its arsenal to get the law repealed or, failing that, starved. There will be a lot of blood on the carpet over this one.

There are only two things for sure barring some catastrophe: two years hence Republicans will still be in control of the House and Mr. Obama will still be President.

But how will the republic fare? Will this matter be fought to a draw that maybe (just maybe) the next election will settle? Is there any chance we can learn some civility? Hang on to your wigs and keys. The ride will be bumpy.

I’m just sayin’

Poppy