(UPDATE: Please see my latest on this)
Yesterday’s results in the election showed what has now become conventional wisdom: an “anti-incumbent mood,” something the media will parrot from now to November. Have they explored why? Have they tried to understand why people are so angry with the current crop of politicians in Washington? They can look no further than what they ignored during election coverage – last night’s debacle in the Senate.
To get a recap, you can read my evolving coverage from yesterday here, here, here and here. But the nickel tour is this:
• Tom Carper got a compromise version of his pre-emption bill through. It preserves a role for state Attorneys General in prosecuting consumer financial protection laws, but they are prevented from presenting class-action lawsuits against national banks, and the Office of the Comptroller of the Currency can pre-empt their own state laws with the federal standard if he or she so chooses. Right now the OCC is a horrible Bush holdover named John Dugan, but he’s stepping down in the summer. Still, the barely tolerable deal puts a lot of power in the OCC’s hands. By the way, this was the BEST thing that happened all yesterday.
• Carl Levin and Jeff Merkley were stonewalled from presenting their amendment, even under a 60-vote threshold, that would codify the Volcker rule (there’s a “study” of it implicit in the Dodd bill). Republicans, knowing that a cloture vote is coming today, have decided to stop all weakening amendments simply by not allowing unanimous consent for them to get a vote. Merkley and Levin will try again today using a variety of maneuvers.
• Byron Dorgan managed some Parliamentary theatrics when his amendment banning naked credit default swaps was blocked, forcing a vote as a second-degree amendment to a non-controversial piece. But Dorgan’s amendment was tabled with lots of Democratic support.
• There was chaos last night as Tom Harkin realized one of his amendments which he filed three weeks ago wouldn’t get a vote.
• Harry Reid called for a cloture vote today at 2pm, and the Republicans are running out the clock until them. Reid suggesting that there could be post-cloture votes, but told Maria Cantwell, who has had an amendment for weeks to restore Glass-Steagall protections, a bipartisan amendment with John McCain, that her amendment WOULD NOT BE GERMANE POST-CLOTURE. In fact:
But the only amendment that is certain to be ruled germane, said a Democratic leadership aide, is one that makes it weaker. From Sen. Sam Brownback (R-Kan.), the measure would exempt auto dealers from the purview of the Consumer Financial Protection Bureau that the bill would create.
• All through this time, Chris Dodd filed an amendment to gut the strongest piece of his own bill – the derivatives piece “authored” by Blanche Lincoln. I say “authored” because it was completely obvious that she was handed this tough bill for the benefit of her re-election, and even though that wasn’t secured last night, on the very same night they submitted the weakening piece in the form of a manager’s amendment. Instead of spinning off the lucrative swaps trading desks from the big banks, the bill as amended would let the systemic risk council, made up of agencies who opposed the proposal, “study” the provision, until making a (foregone) decision in two years. Lincoln says she’ll fight against the weakening amendment – oh, we’ll see about that.
Overall, we have a bill that got less bad through the Senate process, but is generally as mediocre as the House’s version, better in some ways, worse in others. And there’s a whole conference committee to go. I think the “Constructive populism” took the bill as far as it could go with this Senate, but not to the finish line.
It’s not that voters had any knowledge of this when they went to the polls yesterday. It’s that they’ve seen shenanigans like this consistently for the last five years. They’ve seen it on the Military Commissions Act and the Iraq funding bill in 2006, the FISA bills in 2007 and 2008, TARP in 2008, the health care bill in 2009, and now FinReg in 2010. They’ve seen defeat grabbed from the jaws of victory over and over and over again, and they simply have lost all trust in this crop of elites to do the job. And it’s hard to argue with the public on this one.




18 Comments

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Thanks for the detail David. Love the analysis and commentary.
Thanks David. “Rearranging the deck chairs on the Titanic” comes to mind while reading about the current maneuvering in the Senate.
Voters may well be paying attention to the shenanigans and may be escorting incumbents to the exit in droves this election cycle.
“They’ve seen defeat grabbed from the jaws of victory over and over and over again, and they simply have lost all trust in this crop of elites to do the job. And it’s hard to argue with the public on this one.”
This is exactly right. It’s the same reason that voters sent Specter back home, even with the party and all the newspapers backing him.
the elites at all levels have failed.
These are the people who created the problems and now they want us to believe that they have the solutions. Good luck on selling that one to anyone with a pulse.
I’ll be surprised if the non-incumbents are any more helpful than who they replaced.
Yes, agreed. Not impressed with the “replacments” either, but at least there’s some “message” sent that incumbents simply cannot rest on their laurels anymore. At this stage, I’ll take what we can get and see what happens.
Yup…not a lot people could tell you what the Volker rule is but people know a rigged system when they smell it, and they know that feeling they’re feeling is the feeling of getting screwed with their pants on.
get the feeling that they do not understand a thing about what happened in Ark and PA?
get the feeling that Schumer and Reid are truly horrible leaders?
There was a revolt in the Democratic caucus this afternoon. The cloture vote had to be postponed so that more amendments could be considered.
CQ had a new article about it up an hour or so ago.
Who would vote against a Dodd bill? Why in the world would they want to amend it? Sarcasm off. Honestly, it amazes me the number of people that refuse to accept the reality of what is happening.
Cantwell gets it. Totally gets it.
Then they get voted out too. The idea is make their lives as insecure as they’ve made ours. No one said it would be quick and easy, but it’s a better strategy than pitchforks and defenestrations.
I used tdo think we had congress critters. Now I think we hav congress lice.
absolutely. that is the way for the citizenry to communicate with these creatures. you don’t perform, you’re out. it doesn’t even matter much who or what the opponent is. As long as it isn’t the lying, weazling, up-sucking incumbent dickhead.
I had thought of proposing a law for disciplining members of Congress along the lines of the Marine’s “conduct unbecoming”; but every day they continue to demonstrate there is no such thing. : (
We have a really bad government right now. IO realize that sounds naive and uncomplicated, but that’s how I feel…naive and uncomplicated
Hmmm – that’s very similar to what I’ve been suggesting since the end-game of the health-care sham. In fact, if you delete the word ‘much’, it’s effectively identical (I think that I’d be willing to give new Democratic challengers to Republican incumbents one shot to prove themselves).
A Republican trying to tell us how to fix the economy is like an Arsonist telling the Fire Department that they missed a spot.