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Can we have a regular congress? 


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By Lee H. Hamilton

You probably didn’t notice, but the Senate passed a milestone a couple of weeks back. Before 2015 was a month old, senators had already had a chance to vote up-or-down on more amendments than they did in all of 2014.

This is a promising sign that new Majority Leader Mitch McConnell might have meant it when he declared last year that he wants the Senate to return to the “regular order” of debate and amendments. For the last few weeks, a favorite inside-the-Beltway guessing game has been whether he’d be willing to stick with it in the face of demands, sure to come, to reduce debate and amendments and expedite approval of bills.

I know you’re thinking this is just inside baseball. Let me explain why it matters. In Washington, the line between process and policy is blurred. The policies Congress produces are forged by the process it uses, and the leaders of the two houses have great power over that process and hence over the results. Talking about how Congress makes laws is the same as talking about what it does in those laws.

So a return to the “regular order,” on either or both sides of the Capitol, has enormous implications. There is no single solution to Congress’s problems, but it’s hard to imagine Congress can get past its dysfunction without adopting the regular order.

If you’re uncertain what I mean, you’re not alone. There are a lot of lawmakers who have very little idea what it entails either because they were elected after Congress abandoned it in the 1990s.

At its simplest, the regular order is what you learned in school. A member introduces a bill, which is referred to committee. The committee hears from experts, looks at its options, considers amendments, and then reports the bill to the floor, where there’s more debate and deliberation. The other body goes through the same process, and the separate bills they produce get reconciled in a conference committee, where the members also talk to the President’s representatives about what he’ll want to see in order to approve the measure. Finally, the President approves or rejects the bill. The process, though never perfect, is relatively open, fair to all members, and promotes accountability.

Over the last few decades, however, Congress has adopted an alternative approach: the mega-bill. These bills usually run to hundreds if not thousands of pages. They bypass the committees and get drafted in the offices of the leadership. They limit amendments to a few, if any. They limit debate. They constrict — if not eliminate — thoughtful consideration and largely dispense with votes except for an up or down vote on the entire mega-bill. They invite all kinds of last-minute and under-the-table deals. They shut ordinary members out of the process, undermine participation, shield Congress from public scrutiny, and are, in short, an outrage to democracy. Yet they’ve become a habit on Capitol Hill.

Why? They’re convenient and concentrate power in the hands of the leadership.

At a very basic level I’ve never understood why they’ve had such staying power. The regular order holds clear advantages for the majority of legislators. It’s more open, produces more accountability, and gives ordinary members a sense they’ve had a fair shot at influencing the course of national policy. This is no minor consideration. When the process works well, it produces better-quality legislation and pride in the institution, because members know they’re taking part in fair procedures. When members take pride in the work being done around them, they communicate that sense to their constituents.

But reliance on mega-bills has imposed a great cost on Washington. Federal agencies cannot plan ahead. Government operations get disrupted. Uncertainty abounds. Backroom deals flourish. Secrecy pervades the process from beginning to end. Public confidence in government erodes. Members themselves feel shunted to the sidelines.

It is hard to get voters focused on congressional process when they’re so focused on particular issues — how a candidate feels about climate change or abortion. But the plain truth is that the regular order enhances the chance that legislation that truly represents what’s best for Americans will emerge from Capitol Hill. Maybe one day Congress will come to believe this, too.

Lee Hamilton is Director of the Center on Congress at Indiana University. He was a member of the U.S. House of Representatives for 34 years.

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We need term limits


Lee Hamilton is the last person to offer objective arguments against term limits on Congress. (The Cedar Springs Post, January 22, 2014.) He fed at the public trough for 34 years and could not possibly remember what the average American is going through to feed, clothe and educate a family. What has Harry Reid done to help, for example?

Term limits are needed so there will eventually be elected to Congress enough legislators with the courage to punish the IRS abusers, imprison government officials hiding the facts of the border patrol agent’s death, make public the real reason we lost four Americans, including an ambassador, at Benghazi.

We need legislators with the courage to no O.K. spending bills that include $400 hammers and all the other wasting of tax dollars so many in Congress feel is necessary in order to be reelected term after term. Term limits would allow a legislator the freedom to act in the best interest of their constituents and not worry about if it would lose votes.

And to suggest that long term legislators have the “…ability to legislate effectively and oversee the government responsibly…” would be laughable if it wasn’t so distant from reality.

 

Sincerely, 

Kenn Hildebrand, Newaygo

 

Post Script Notice:

The Cedar Springs Post welcomes letters of up to 350 words. The subject should be relevant to local readers, and the editor reserves the right to reject letters or edit for clarity, length, good taste, accuracy, and liability concerns. All submissions MUST be accompanied by full name, mailing address and daytime phone number. We use this information to verify the letter’s authenticity. We do not print anonymous letters, or acknowledge letters we do not use. Writers are limited to one letter per month. Email to news@cedarspringspost.com, or send to PostScripts, Cedar Springs Post, PO Box 370, Cedar Springs, MI 49319.

 

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Now it’s time to focus on growing the economy


V-Lee-HamiltonBy Lee H. Hamilton

Recent economic news has been broadly reassuring. Retail sales are strong, November saw the best job gains in three years, the federal deficit is shrinking, the stock market is robust, and the Fed is expressing enough faith in the economy that an interest rate bump next year is considered a certainty.

Yet the public remains unconvinced. This is partly because perceptions haven’t caught up to reality. For many middle- and lower-class families, economic circumstances have not changed very much.

Strong numbers do, however, offer one unambiguous piece of good news: The pressure on policy makers to focus on near-term or immediate problems has eased, which means they can now focus on the fundamental question of economic growth. As Princeton economist Alan Blinder, political strategist Al From and others have pointed out, now is the time for policy-makers to concentrate on creating the environment in the country for sustained, non-inflationary economic growth.

To begin with, we have a chance to get our fiscal house in order and pursue long-term deficit reduction. This means modernizing entitlement spending and shaping a tax-reform package that focuses on investments to boost productivity and help the economy to grow for everyone. It also means eliminating public subsidies to individual enterprises—that money can better be spent on boosting the economic skills of ordinary Americans through education and training.

There are other steps government policy-makers can take to improve broad economic growth. We need to expand trade through open markets and simplify the regulatory structure so that it protects Americans without burdening companies beyond reason. And we must address our nation’s deferred infrastructure needs, which hinder the smooth functioning of every business that relies on transporting its goods.

The same applies to reforming government itself. A government that does not work well—that wastes money, fails its regulatory responsibilities, and cannot make timely decisions—undermines economic growth. Finally, policy-makers need to remember that economic growth means providing a ladder out of poverty for the truly needy. Providing opportunity for low-income Americans through the Earned Income Tax Credit and programs to upgrade their skills is vital. No one who works full time should be poor in this country.

Free, competitive markets are the best way to deliver goods and services to Americans. Government must not get in the way of that system. Nor should it stand idle. The right response by government to our economic challenges is not to focus on the immediate economic problems of the day, but to invest in economic growth for all.

Lee Hamilton is Director of the Center on Congress at Indiana University. He was a member of the U.S. House of Representatives for 34 years.

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Look Up, Americans—it’s not as bad as you think 


V-Lee-Hamilton-webBy Lee H. Hamilton

We are one glum country.

Trust in the federal government is at historic lows, according to Gallup. More than half of the respondents to an October Rasmussen poll think our best days are behind us. And just a few weeks ago, an NBC/Wall St. Journal poll found that the one thing Americans agree upon, whatever their race or circumstances, is that the system is stacked against people like them.

I have just one thing to say to this: could we all take a deep breath?

We deal with our challenges from a position of strength. We have friendly neighbors to the north and south, oceans to the east and west, and a growing, relatively young population. We possess abundant natural resources, the world’s most capable military force, a nuclear arsenal second to none, and a deterrent power envied by every other country on earth.

We’re doing better economically than any other major industrialized nation, and have put more people back to work since the recovery began than the rest of the industrialized world combined. Our people possess strengths in abundance. We have a remarkable reservoir of talent and a strong entrepreneurial tradition that nurtures inventiveness and draws countless people from abroad eager to make something of their future. Does that sound like a once-great nation on its knees?

I’m not blind to our shortcomings or to the severe challenges we confront. If you read this column regularly, you know that. But in the face of extraordinary difficulties, we adapt, persevere, and eventually emerge stronger. In the end, government may act slowly, and it’s often well behind where you’d wish it to be, but it does act.

All these things give our society a resilience to keep in mind the next time you see a news story or commentary hyping a pessimistic view of our future. We have a long way to go, there’s no doubt about it. But I’m reminded of a young woman a few years ago who asked me, after a bleak speech I’d given laying out the problems of the world, “Is there any hope?” My answer now is the same as it was then: Yes, of course there is.

Lee Hamilton is Director of the Center on Congress at Indiana University. He was a member of the U.S. House of Representatives for 34 years.

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What lies ahead 


 

V-Lee-HamiltonBy Lee H. Hamilton

Given all the words and images devoted to the midterm elections over the past few weeks, you’d think the results had told us something vital about the future of the country. In reality, they were just a curtain-raiser. It’s the next few weeks and months that really matter.

The big question, as the old Congress reconvenes and prepares to make way for next year’s version, is whether the two parties will work more closely together to move the country forward or instead lapse back into confrontation and deadlock. I suspect the answer will be a mix: modest progress on a few issues, but no major reforms.

Overall, the deep frustration Americans feel toward Washington will likely continue. Especially since, despite the urgent problems confronting us, the House leadership has announced an astoundingly relaxed 2015 agenda that includes not a single five-day work week, 18 weeks with no votes scheduled, and just one full month in session: January.

Why might there be progress? The President wants to enhance his legacy. More politicians these days seem to prefer governing to posturing. The Republican Party may have won big in the elections, but it still cannot govern alone: it will need Democratic votes in the Senate and the cooperation of the President. And both parties want to demonstrate that they recognize they’re responsible for governing.

This is not to say that progress is inevitable. President Obama has made clear that he believes he must act to halt deportations of illegal immigrants, even if he does so without Congress; congressional Republicans say they consider unilateral action an act of war. Meanwhile, the new Republican Senate is almost certain to give the President’s nominees a hard time; while GOP senators are unlikely to want to appear too tough on Loretta Lynch, the nominee for attorney general, the gloves will almost certainly come off for nominees who must negotiate hearings after her.

In the end, 2015 will see a mix of small steps forward and backward. There’s little chance of a minimum wage increase and it’s unlikely the budget will be passed in an orderly and traditional manner. Similarly, significant and difficult issues like major entitlement and tax reform will prove hard to budge.

On the other hand, Congress can probably manage to avoid a government shutdown, and it faces decent prospects of expanding and protecting our energy boom, promoting fast-track trade authority, and funding key infrastructure needs.

Here’s the basic truth: divided government does not have to be dysfunctional. It can be made to work, and if incremental progress on small issues is the way to get started, then let’s hope Congress and the President pursue that course.

 

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President and Congress should work together on military intervention 


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By Lee H. Hamilton

In his speech last week outlining his plans to use military force against the jihadists of the Islamic State, President Obama gave Congress only passing mention. “I have the authority to address the threat from ISIL,” he said. “But I believe we are strongest as a nation when the president and Congress work together.”

He’s right, of course. But that’s not the half of it.

Our process for deciding to use force has not caught up with these dangerous times. It has been decades since Congress asserted any meaningful role; its members prefer to avoid a potentially difficult political vote, let the President take the lead, and then criticize him if he was wrong.

There are certainly occasions when the President must act alone. If we’ve been attacked or hostilities are imminent or some emergency presents itself for which force is the only response, we’d expect the President to respond effectively.

But there are powerful political reasons for making the decision to use force abroad a joint one with Congress, in all but emergencies. When our nation must deal with controversial, complicated questions, there is great value to making the President articulate his analysis of the situation and the reasons for his decisions, and to test that thinking beyond close advisors who naturally tend to support him. The best place to do so is in Congress.

Moreover, military action supported by both the President and Congress carries more legitimacy at home and more conviction abroad. The U.S. is in a far stronger position before the world if it is clear that the branches of government are unified and we are speaking with one voice as a nation.

It is common wisdom that our Constitution is ambiguous on war powers, since it makes the President the commander in chief, yet gives Congress the ability to declare war. In a sense, though, the Constitution’s message is anything but ambiguous: by giving a role to each branch, it clearly considers the use of force to be a shared decision.

This imposes a responsibility on Congress. Congress cannot be a bystander when it comes to the grave decision to use our military abroad. It, too, needs to take ownership of decisions to use force, for the good of the American people’s understanding and acceptance of the issues at stake, and for the benefit of the nation’s profile abroad.

Lee Hamilton is Director of the Center on Congress at Indiana University. He was a member of the U.S. House of Representatives for 34 years.

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Where Congress falls short … and where it doesn’t


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By Lee H. Hamilton

 

At a public gathering the other day, someone asked me how I’d sum up my views on Congress. It was a good question, because it forced me to step back from worrying about the current politics of Capitol Hill and take a longer view.

Congress, I said, does some things fairly well. Its members for the most part are people of integrity who want to serve their constituents and the country. They also strive to reflect their constituents’ views, though they tend to under-appreciate voters’ pragmatism and over-estimate their ideological purity. Still, they’re politicians: their success rests on being accessible to their constituents, understanding what they want, and aligning themselves with that interest.

Yet for all the attractive individual qualities that members of Congress display, their institutional performance falls short. They argue endlessly, pander to contributors and powerful interests, posture both in the media and in countless public meetings, and in the end it amounts to very little. They discuss and debate a lot of problems, but don’t produce effective results.

This may be because many members of our national legislature have a constricted view of what it means to be a legislator. They’re satisfied with making a political statement by giving a speech, casting a vote, or getting a bill through the chamber they serve in, rather than writing legislation that will make it through both houses of Congress, get signed by the President, and become law. The days appear to be over when members of Congress strove to be masters of their subject matter and legislators in fact as well as in name.

Perhaps because they’re forced to spend so much time raising money and listening to well-heeled people and groups, they also seem to have trouble seeing current affairs from the perspective of ordinary people. They fall captive to the politics of any given issue, rather than thinking about the much harder question of how you govern a country with all its residents in mind. They don’t see the necessity, in a divided Congress and a divided country, of negotiation and compromise.

Plenty of forces are responsible for this state of affairs, from the outsized role of money in the political process to today’s hyper-partisanship to TV-driven sound-bite debates. But in the end, it’s still a source of great frustration to the American people, me included, that well-meaning, talented individuals cannot make the institution work better.

Lee Hamilton is Director of the Center on Congress at Indiana University. He was a member of the U.S. House of Representatives for 34 years.

 

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There’s an alternative to the Imperial Presidency


V-Lee-Hamilton-webBy Lee H. Hamilton

 

In his State of the Union speech to Congress last month, President Obama drew widespread attention for pledging to use his executive authority to advance his priorities. He insisted he intends to act with or without Congress, and listed well over a dozen actions he plans to take by executive order.

Plenty of people were happy about this. The speech was applauded by pundits who have given up on Congress, and believe the only way to move forward is by strengthening the presidency. The present government is paralyzed, they argue. A stronger presidency would get Washington moving again.

Others are alarmed by this approach. The President, they say, is trampling on the constitutional separation of powers, and grabbing powers for himself that were meant to be shared with Congress.

The problem with this debate is that it’s missing a key part of the equation. Yes, our system needs a strong presidency. But it also needs a strong Congress. We are best off as a nation when the two consult, interact, and work together as powerful branches.

Every president in recent memory has expanded the power of his office and been accused of a power grab. They’ve had plenty of motivation to do so. The modern world demands decisive action. Americans tend to support presidents who act forcefully. Congress is complex and hard to work with.

Yet there are limits to this approach, because in the end there is no substitute for legislation. Executive orders lack the permanence and force of law, so they can be hard to implement and can be cancelled by a later president. They don’t benefit from consensus-building and consultation with voices independent of the President’s.

Consensus-building can’t happen in a vacuum, however. Without a strong Congress able to find its way effectively through the thickets of lawmaking, this President and his successors will surely continue to address the nation’s challenges on their own. The question is, how far down that road can we go before Congress becomes irrelevant, with too much power and too much potential for the abuse of power in presidential hands?

The march toward presidential unilateralism dangerously undercuts our constitutional system. Before we give up on the separation of powers, let’s try strengthening Congress. This may not be the easy route, but if we don’t take it, representative democracy itself is in doubt.

Lee Hamilton is Director of the Center on Congress at Indiana University. He was a member of the U.S. House of Representatives for 34 years.

 

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Trust … but definitely verify


V-Lee-HamiltonBy Lee H. Hamilton

 

Of all the numbers thrown at us over the course of last year, one stands out for me. I fervently hope we can avoid repeating it this year. That number is 12. It’s the percentage of Americans in a December Quinnipiac poll who said they trust the government in Washington to do what is right most or all of the time. It’s a depressingly small number, especially compared to the 41 percent who say they “hardly ever” trust the government. On top of that, a few months ago an AP poll found that fewer than a third of Americans trust one another. The poll’s message is clear: our society is in the midst of a crisis in trust.

Trust is essential to our political system and our way of life. The belief that people and institutions will do what they say they will do is the coin of the realm in our society. It is what allows people to work together—in their daily interactions with others and in their communities, legislatures and Congress. Negotiation, compromise, collegiality, and the mechanisms our complex and diverse society depends upon are impossible without trust.

You could argue that we see all around us the results of our trust deficit. Government dysfunction, an economy performing below its potential, public officials’ scandals and misdeeds, trusted institutions’ willingness to skirt the law and standards of good conduct, our social safety net under attack because people mistrust recipients—all of these speak to a society struggling as trust weakens.

Yet here’s the question. Do the polls match your experience? In my case, they do not. Trust is still a big part of my dealings with institutions and individuals, most of whom are good people trying to live a decent life and to be helpful to others. Trust may have weakened, but most of us do not see or experience a corrupt America. A sense of community remains crucially important to make this country safe and secure for ourselves and our children. Events in recent years have given us plenty of reason to be distrustful. Clearly, healthy skepticism is warranted in the wake of the NSA revelations and other evidence of government and corporate misbehavior. In the end, however, “trust but verify” is still the golden standard. Our ability to function and move forward as a society rests on trust. Think about it.

Lee Hamilton is Director of the Center on Congress at Indiana University. He was a member of the U.S. House of Representatives for 34 years.

 

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Congress still isn’t being responsible


 

V-Lee-HamiltonBy Lee H. Hamilton

 

Congress is winding down its historically unproductive session with a small flurry of activity. It’s a welcome change, but so long overdue that it can’t possibly make up for what should have been accomplished on Capitol Hill this year. The problem is that for too long, members of Congress have been working hard at everything except the one thing they should have been working hard at: legislating. They’ve been so unproductive that they’ve actually threatened our world standing and our domestic well-being.

To be sure, they are moving incrementally. Gridlock is breached, but not broken. The likelihood is that Congress will pass a defense bill. It reached a small-scale budget agreement that undoes a bit of the damage caused by the sequester. It is finally starting to work through a list as long as your arm of judicial and executive-branch confirmations, but only because Senate Democrats decided they had to change the rules if they wanted to fill long-unfilled government appointments.

Yet, the list of what Congress hasn’t done is sobering. There’s no food-stamp reauthorization or waterways construction bill. It passed a one-month extension to the farm bill, but that falls far short of the certainty this crucial economic sector needs. There’s no lasting solution to the debt-ceiling problem. Almost nothing has been done about the fundamental gap between taxes and spending. It has left unemployment benefits unresolved, immigration reform unresolved, tax reform unresolved, and action on climate change unresolved. This lack of productivity makes me wonder if Congress can address truly hard challenges without a crisis before it.

Mind you, some legislators take pride in how unproductive Congress has been. They argue that the less the government does, the better. But given Congress’s pathetically low standing in the polls, it’s clear that most Americans don’t agree. They don’t like incompetence, as their response to the botched rollout of the Affordable Care Act suggests, and they really don’t like people who dodge their responsibilities, which is what Congress’s ineffectiveness amounts to. Unlike many members of Congress, Americans seem to understand that things that ought to be done are not getting done, and that there are real costs to inaction.

We’re in a competitive race with China for world leadership, and whether we like it or not, others around the globe are comparing our two governments. The attractiveness of the American model is under challenge, and our political dysfunction is a serious handicap. As the Wall Street Journal put it recently, a superpower that isn’t sure it can fund its government or pay its bills is not in a position to lead. And, because problems aren’t getting addressed, others are stepping into the breach at home, too—but with less transparency, less accountability, and less flexibility.

The Fed is doing the heavy lifting on the economy. The Supreme Court is essentially legislating. Executive branch agencies are trying to handle massively difficult challenges through executive orders. State and local governments have decided that even on issues they can’t truly address effectively, like immigration, they’re on their own.

When asked about all this, congressional leaders tend to blame the other house, arguing that they’ve done their best but the other side has bottled up their efforts. All I can say is, finger-pointing is not an excuse, it’s an admission of failure. A leader’s responsibility is to enact legislation, not just get a bill through the house of Congress he or she controls.

Legislating is tough, demanding work. It requires many hours of conversation about differences, commonalities, and possible solutions. It demands patience, mutual respect, persistence, collegiality, compromise, artful negotiation, and creative leadership, especially when Congress is so divided.

Yet, when Congress meets only episodically throughout the year, when it often works just three days a week and plans an even more relaxed schedule in 2014, when the House and Senate give themselves just one overlapping week this month to resolve huge questions of public policy, you can only come to one conclusion: They’re not really willing to work hard at legislating. A last-minute flurry of bills offers hope, but it’s going to take a lot more work to convince the country that Congress knows how to live up to its responsibilities.

Lee Hamilton is Director of the Center on Congress at Indiana University. He was a member of the U.S. House of Representatives for 34 years.
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