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Can Congress make democratic governance work?


By Lee H. Hamilton

This is a time of great testing for Congress. As it considers responses to the nation’s health and economic crises, it faces close scrutiny by ordinary Americans, financial markets, and businesses large and small across the country. The pressure to move quickly is intense, and it is not an institution built for that purpose.

Yet Congress acts with unaccustomed swiftness when needed. The House passed the first relief measure—providing paid leave, enhanced unemployment benefits, free coronavirus testing, and food and health care aid—while the administration was still coming to grips with the dimensions of the crisis. The Senate acted the following week. Senate Majority Leader Mitch McConnell’s words to the GOP caucus were instructive: “I do not believe we should let perfection be the enemy of something that will help even a subset of workers,” he said. In other words: Do this now. And clearly, lawmakers took the need for speed to heart, and in a bipartisan way. The measures passed overwhelmingly in both houses.

There’s a key but basic fact to remember about how Congress works: it’s governed by a majority. This seems like a very simple thing to say, but the reality is that it is not always easy to achieve. I lost track of the number of times, when I served in the House, that I counted members, looking for ways to get to 218 votes (a majority of the 435 members) for a bill I supported. It was a constant question within the party leadership: “How many votes do we have? Can we go to the floor and expect to win?” This is compounded when, as now, each chamber is under the control of a different party. Still, while there are never any guarantees, at times of national crisis the math becomes much easier to achieve.

That’s despite the fact that members can vote any way they want to, and Congress is where all the crosscurrents and needs of a complicated nation converge. Congress—at all times, but especially now—is beset by organized interests weighing in. Industry, professional groups, labor unions, farm organizations, veterans’ groups, and hundreds of others all have something to say. These groups are highly organized, effective, and sophisticated. They and their lobbyists are powerful, talented, and deeply knowledgeable of the process. Members of Congress are also listening to the no-doubt urgent messages they’re getting from their constituents and making the political calculations that, even at the most dire times, are very much in the mix on Capitol Hill. You can see why arriving at agreements swiftly is such difficult work.

Which is why, now more than ever, everything depends on the leadership. Even in calm times, the key to the functioning of Congress rests overwhelmingly with the presiding officers of the House and Senate, and with their teams. At the moment, both McConnell and House Speaker Nancy Pelosi are conveying that they intend to keep Congress on an even keel as they work on relief and stimulus legislation. Nonetheless, it is also up to ordinary Americans to keep pressure on the politicians, and especially their own representatives, to make sure that Congress performs as we need it to. I don’t think people are unrealistic about what can be done—they don’t expect miracles. But members of the public do need to remind elected officials that our eyes are on them.

This is obviously a time of great peril, with immense stakes. We are a democracy, unlike the more centrally governed countries that have reacted forcefully to their own crises. Our challenge—and Congress’s in particular—is to respond as the situation demands while preserving the best that democratic governance offers: solutions to the country’s problems that reflect the best thinking and collective wisdom of a great, diverse, and creative nation. It is not written in the stars that Congress can make it work, especially as members grapple with illness in their own ranks. But the evidence so far is that in this crisis, when we need it to come through, Congress can do important work well and do it in a bipartisan way.

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar at the IU Hamilton Lugar School of Global and International Studies; and a Professor of Practice at the IU O’Neill School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years.

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What does it really mean to be patriotic?


Lee Hamilton

By Lee H. Hamilton, Senior Advisor for the Indiana University Center on Representative Government

Patriotism has been on a lot of people’s minds lately. Just ahead of the midterm elections, The New York Times noted that two clashing visions of patriotism were heading to the polls. President Trump and Republicans saw patriotism as “conspicuous displays of respect for the traditional expressions of America—the flag, the military, the Pledge of Allegiance.” Democrats, by contrast, saw it as protecting the norms and institutions of our democracy.

I don’t entirely buy this distinction, at least when it comes to partisan labels. I’ve known plenty of Democrats who consider it patriotic to honor the flag, the military, and the Pledge. And I’ve known a lot of Republicans who value our democratic traditions.

But the two broad strands outlined by The Times inarguably exist. For myself, I believe that patriotism means getting on with the serious business of improving our country. It means that we strive to ensure that we live up to our pledge of liberty and justice for all. In this formulation, patriotism is best expressed not in parades or speeches or exhortations or conspicuous displays, but in what we do.

So much of our national discussion of patriotism is about military heroes. This is important, but it’s an incomplete view of love of country. We encounter patriotism at all levels of American life. The teacher in the classroom, the parents who raise their children to be good citizens, the clerk who keeps town records and helps people vote, the ordinary working person who goes about her tasks with dedication and proficiency — patriotism can be found everywhere in our communities, among people who pursue their lives with the good of the country at heart.

We have inherited a magnificent political legacy, a set of customs and traditions that give ordinary people the tools and power to improve life for themselves and succeeding generations. Patriotism lies in our efforts to enlarge that legacy so that it applies to all citizens.

It means we defend civil liberties, the right to dissent, and the equality before the law of all Americans. And it means that upholding our core values — tolerance, mutual respect, the right of everyone to be heard, the belief that in pursuing our own lives and interests we all are capable of contributing to the vibrancy of our democracy — is every bit as patriotic as placing our hand over our heart while reciting the Pledge.

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar of the IU Hamilton Lugar School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years.

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Congress tanks—but does it care?


 

Lee Hamilton

By Lee Hamilton

We’re at a watershed moment in American political history. Our Congress — I’m talking about the people’s body, the institution created by our founders, and not just the men and women who currently inhabit it — is in deep trouble. And no one seems to be offering hope.

Its public standing is abysmal, occasionally dropping into the single digits in polling. Very few people seem to respect it, even on Capitol Hill. Small surprise, as the Pew Research Center reported the other day, that “More members of the U.S. House of Representatives are choosing not to seek re-election to that body than at any time in the past quarter-century.” Since filing deadlines haven’t passed in most states that number is almost certain to grow.

Just as worrisome, power is shifting decisively to the President. The “balance of power” you read about in 7th-grade civics? It’s a myth today. Co-equal branches? Not any more. Members of Congress over the years have delegated much of their power to other branches, especially the executive, so that they can escape accountability for tough choices. It allows them to focus more on getting re-elected, and on the local and constituent interests that are their electoral bread and butter.

Here’s what may be the most discouraging thing of all: there was a time when congressional leaders would forcefully defend the Congress. They don’t even bother to do that any more. In fact, it’s not unusual to find them defending their own leadership but criticizing the institution they lead.

To ponder what we can do about it is to confront a long list of daunting challenges. For starters, congressional leaders have abandoned two centuries of precedent, a traditional set of norms, customs and procedures that allowed a body representing the complexities of the entire country to arrive at policy solutions that by and large spoke to the public good.

Today, bills are often drafted outside the committee system, without careful deliberation, consideration, or even participation by most members. The leadership has accumulated more and more power, leaving ordinary members out of the loop, especially in the all-important budget process.

We’re saddled with a Congress that affords special interest groups far too much power. Their representatives and lobbyists swarm over Capitol Hill to influence and cajole, write speeches, supply talking points, and funnel money and favors of all descriptions to members. And because re-election is so expensive, Congress not only accepts all this, but seeks it out. Ordinary citizens have lost influence in the process.

The body itself has become extremely polarized, which means that the decisions it makes are more extreme. House districts are gerrymandered, which has increased the tendency for them to elect the most extreme candidates in both parties, which only accentuates polarized views when these legislators arrive in Washington.

And Congress has largely rejected its oversight responsibilities, which ought to carry a weight equal to legislating — and which put it on a par with the executive branch. It uses the subpoena power rarely, grills administration and other witnesses only occasionally, and even more rarely holds the executive branch accountable. Want an example? We’ve got half a dozen conflicts going on around the world, armed forces in some 70 countries, we’re incurring casualties and putting our men and women in extreme danger — and Congress holds no hearings of any consequence to ask what’s going on or what we’re gaining from the commitments we’ve made around the world.

You can take the agenda for reform from this depressing litany. Congressional leaders need to stop manipulating the process and let members vote on the tough issues of the day. Finding ways to stem the tidal wave of money and favors is crucial. So are ending gerrymandering and tamping down the politics of polarization. Congress needs to reassert the authority given it by the Constitution to serve as a check on executive overreach and misguided policy-making.

Americans have a right to be disappointed in the performance of the legislative branch. But they also have an obligation to speak up about it and demand action not just on a favored bill, but on improving the effectiveness of the Congress itself.

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar, IU School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years.

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Election reform is about more than simply fraud


Lee Hamilton

By Lee Hamilton

A dozen years ago, the preface to a report on federal election reform began with these words: “Polls indicate that many Americans lack confidence in the electoral system, but the political parties are so divided that serious electoral reform is unlikely without a strong bipartisan voice.”

I can find no part of that sentence that’s not still true. Americans still lack confidence in the electoral system. The political parties are still divided. Serious electoral reform remains unlikely. Perhaps the only change is that the commission issuing the report was co-chaired by a Democrat and a Republican—former President Jimmy Carter and former Secretary of State James Baker — who genuinely tried to find a bipartisan approach to our election system’s problems.

Since then, we’ve careened into a pitched political battle on the issue.

At one level, I’m baffled by the lack of progress. I sat on that commission, and what seemed obvious to us then seems even more obvious today. Voting is the most basic step a representative democracy asks of us. We do three things when we vote: we select the officials we want running the government; we suggest the direction of government policy; and we reaffirm our belief and our stake in representative democracy. You can’t get more important than that. So why do we remain in an endless national standoff on how to fix our elections?

The answer, of course, is that in politically divided times, changes to elections are seen through partisan eyes.

This is disappointing, because right now there should be plenty of room for agreement. We face genuine challenges to our electoral system that even the most partisan of Democrats and Republicans could come together on: aging machines, long lines at the polls, cyber attacks by hostile entities, foreign interference, inadequately trained voting officials, voter lists that are not up to date… It’s a long list.

But where the two sides fall apart is on the most basic of questions: how readily do we give access to the voting booth? I’ll lay my cards on the table. I believe in wider access. Creating a Congress and an overall government that are more representative of the American people rests on expanding the electorate and beating back the barriers to voting.

The more people who vote, the better the chance to strengthen the political center formed by moderates and pragmatists. The lower voter turnout becomes, the more sway held by the most ideologically intense voters, who reward the most polarizing candidates, and the more likely deep resentments are created among those citizens denied the right to vote.

This is not to dismiss concerns about voter fraud. We do need to make sure that the person arriving to vote at a polling site is the same one who’s named on the voter list. And we’re headed in that direction. The number of states requiring a voter ID has increased dramatically over the last couple of decades—today about 50 percent of American voters live in states that require a voter to produce an ID before casting his or her ballot.

Yet the ambivalence many of us feel about this is understandable. We want to ensure there’s no fraud, but at the same time we are aware that stringent ID requirements disenfranchise a lot of people who may have trouble acquiring an ID: they don’t have a driver’s license, passport, or birth certificate. So the requirements can be an effective way to block minority groups or others from voting. And there’s this political reality: many of those who call the loudest for restrictive ID laws are targeting groups that they think will vote against them.

Though we want to ensure that only those people eligible to vote are actually voting, we also want to ensure that all those who are eligible to vote find it convenient to do so. There’s a lot of work to be done on that front, at every level of government. The entire system needs top-to-bottom review and strengthening. And so far, I see no evidence that we as a nation are taking this need seriously.

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government.  He was a member of the U.S. House of Representatives for 34 years.

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Congress needs to reassert itself on use of force 


Lee Hamilton

By Lee H. Hamilton

The Trump Administration, like its predecessors, has shown an apparent appetite for the use of force overseas. The “mother of all bombs” dropped on Syrian troops, saber-rattling toward North Korea, proposed deployments of U.S. forces in 10 or more countries — all of this suggests a growing comfort with the idea of putting our troops in dangerous places.

But the decision to send troops overseas requires clear eyes, hard questions and specific answers. If we are sending our military abroad, our objectives and exit strategies need to be nailed down. Are we engaging in nation- or empire-building? Do we risk being locked into protracted, unending conflicts? Are we inflating the dangers to our national security, as when we falsely asserted that Saddam Hussein had weapons of mass destruction?

And when we do intervene, are we avoiding or increasing the suffering of the local people whom we’re trying to help? No use of force should go forward without reciprocity — that is to say, capable, committed local leaders who fight corruption and try to provide good governance and protect the values we cherish and promote.

The use of force ultimately comes down to the president — or the president and his top advisors — making the decision. Too often this happens without sufficient dialogue, consultation, or robust debate beyond the White House. In particular, the people who have to do the fighting and bear the costs need to have a major voice in the use of force, and the best way to ensure that is with the involvement of the Congress, along with the media, courts, civil society, and even the international community.

There are obviously cases where the president needs flexibility. But if we’re to put our troops in harm’s way, he also needs independent advice and to answer tough questions. I don’t see any alternative but the strict, robust and sustained involvement of the Congress.

Deciding on the use of force is the most grave and consequential decision government makes. It is of such import that it should not be made by the president alone, but should be shared with the Congress. Presidents should not get broad authority to use force without limit on geography, objectives, or types of forces. The Founding Fathers had it right: the president is commander in chief; Congress has the authority to declare war. Power over the use of force needs to be shared.

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar, IU School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years.

 

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Those who know Congress best are shaking their heads 


Lee Hamilton

Lee Hamilton

By Lee H. Hamilton

I had the good fortune last week to spend some time in Washington, D.C. with about a dozen former members of Congress. As you’d expect, we got to talking about the current Congress. Very quickly it turned out that the same question was troubling all of us: Why is it held in such low public esteem?

We represented both parties and a variety of eras, and had a range of experience under our belts. But we all found ourselves chagrined by what we’ve been witnessing. You have to understand that most former members of Congress believe deeply in the value of the institution for American representative government. We might take opposite sides of particular policy debates, but on one point we all agree: we want the institution itself to succeed and thrive. These days, it’s doing neither.

For starters, we were hard-pressed to come up with any real accomplishments for this Congress. It did pass a revision to No Child Left Behind, and a controversial expansion of cyber-surveillance capabilities — which it slipped into a must-pass budget bill. It also took the entirely uncontroversial step of broadening sanctions on North Korea. But that’s pretty much it.

In the country at large, people are fretting about control of our borders, stagnant wages, college expenses, the cost of health care, the opioid addiction crisis, the spread of ISIS, the strengthening effects of climate change. The administration is trying to keep the Zika virus from gaining a foothold in this country, and congressional inaction has already caused Puerto Rico to default on one set of obligations, with a much bigger default looming – and doomed airline passengers to longer and longer waits as the TSA struggles. Yet on Capitol Hill, no one seems particularly concerned. Instead, its members left town to campaign.

This may be unfair, but I can’t help but think about my first year in Congress. We enacted 810 bills, including the passage of Medicare and Medicaid, the Voting Rights Act of 1965, the Elementary and Secondary Education Act, the Water Quality Act, and setting up the Departments of Transportation and of Housing and Urban Development. Not every year was like that, but the contrast is inescapable. Among the group of people I was with last week — people who watch Congress closely — there was unanimity: this will go out as one of the least productive years in congressional history.

Worse, members show little interest in making Congress more productive. Our little group all remembered times when we or our colleagues pushed reform efforts to make the institution work better—and were struck that current members aren’t doing so. Most Americans belong to some group or another that’s trying to accomplish change for the better and improve itself at the same time. Why would Congress be an outlier? But it is.

Some of the observations we shared last week are old hat. Congress is excessively partisan, with too many of its members highly distrustful of the other party and inclined to blame it for Capitol Hill’s ailments. As an institution, it seems incapable of ridding itself of the bad habits it’s gotten into: the reliance on omnibus bills and continuing resolutions; timidity in the face of presidential power; a marked reluctance to use the levers of congressional authority — especially control of the federal budget—to prod or check executive action.

Yet none of us believe this is irreversible. We are all convinced that strong leadership in Congress could make an immense difference. In the past, effective legislators on both sides of the aisle—as committee chairs and as caucus leaders—have left behind them a legacy of great accomplishment. Democrat Emanuel Celler of New York and Republican William McCullough of Ohio joined forces to craft the Civil Rights Act of 1964; Democrat Wilbur Mills of Arkansas and Republican John Byrnes of Wisconsin together helped shape Medicare.

I won’t waste your time with a list of consummate legislators who were able to get things done. The point is simple: it may be a different time and legislative environment from 50 years ago, but strong leadership can make Congress work. On that, my former colleagues and I, Republicans and Democrats, found ourselves in full agreement.

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar, IU School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years. For information about our educational resources and programs, visit our website at www.centeroncongress.org. “Like” us on Facebook at “Indiana University Center on Representative Government,” and share our postings with your friends.

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It’s getting harder to govern, and it’s not just politicians’ fault


Lee Hamilton

Lee Hamilton

By Lee H. Hamilton

We may not know who our next President is going to be, but here’s one thing that’s almost certain: he or she will take office with roughly half of the electorate unhappy and mistrustful. The notion that the President speaks for a broad coalition of Americans who are willing to set aside their differences on behalf of a compelling new vision for the country? It’s vanished.

I’ve spent a lot of time pondering where it went, and though I still haven’t found an answer, I do know this: it’s not only Washington’s—or even the political class’s—fault.

Let’s start with a lament I hear frequently about this year’s crop of presidential candidates: “Is this the best we can do?” I used to believe that the popular argument that the best among us do not seek political office was wrong—that there were plenty of standout Americans who went into politics. And there are. But there are also a lot of talented people—the kind who could lead us beyond our tired political discourse—who take a look at politics and turn the other way these days.

I’ve known a lot of very good people in politics, who were motivated by a true interest in improving the country and saw politics as a competition of ideas, not a mean-spirited clash of ideologies. I see less of this today. Many politicians seem genuinely not to like one another. They see a victory by the other party as a threat to the well-being of the nation.

This is a departure from the past, and it’s not a healthy one. There was a time when the parties and other organizations that brought disparate voters together—charitable institutions, unions—helped build a unity of effort in the government. But groups like that are weaker now.

Which is a shame in a year like this, when voters are angry and distrustful and worried by economic insecurity. They don’t have much appetite for the substance and complexity of policy, seem to relish the clashes that this year’s campaigning has produced, and are uninterested in talk of finding common ground.

It’s a campaign year, of course, so a certain amount of this is to be expected. But if the voters’ surly mood and mistrust carry over after November, it’s going to be very hard for the next President—and politicians in general—to govern effectively.

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar, IU School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years.

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Beyond transparency, we need accountability


Lee Hamilton

Lee Hamilton

By Lee H. Hamilton

Over more than three decades in Congress, I had the chance to question a lot of federal officials. Most of the time I wasn’t after anything dramatic; I just wanted to understand who was responsible for certain decisions. How often did I get a straight answer? Almost never.

It was easily one of the most frustrating aspects of trying to ensure robust oversight of the government. Our representatives’ job, after all, is to help make government work better. And you can’t do that if you don’t know whom to hold accountable for important decisions.

Accountability is essential to good governance. I’m not just talking about transparency—that is, citizens’ ability to know what’s being done in our name. That’s important, but equally important is holding accountable those who made the decision to do it: ensuring that they are accountable to policy-makers, adhere to their obligations, follow the law, and that their actions are appropriate and responsive to the needs of the country.

This is elusive. Accountability requires that officials step up and take responsibility for their decisions, and not try to shift that responsibility to others or to some ill-defined group. It requires unambiguous performance standards, clear codes of ethics, timely reporting, and acceptance of responsibility, especially with regard to budget or spending decisions.

So how do we get there?

Without clarity on who’s in charge of what and who’s responsible for which decisions, it becomes too easy for officials to remain unanswerable for their actions. Yet clear lines of authority mean nothing unless the deciding officials are identified and measured against what actually takes place. Officials need to give a full account of what they do and the decisions they make.

As a nation, we face a growing issue on this front when it comes to federal contractors—that is, the private workforce doing jobs for federal agencies. There are very few mechanisms for holding contractors responsible for their errors, abuses and missteps.

Accountability also requires a robust media to tell us what’s going on in the entire system: within the bureaucracy, in the behavior of contractors, and among legislators who ought to be overseeing both but often don’t.

Accountability is key to good government. All I wanted to know in those congressional hearings was who made the decision about the public’s business. Is that too much to ask?

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar, IU School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years. For information about our educational resources and programs, visit our website at www.centeroncongress.org. “Like” us on Facebook at “Indiana University Center on Representative Government,” and share our postings with your friends.

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There’s too much secrecy in government


By Lee Hamilton

Lee Hamilton

By Lee H. Hamilton

We have a secrecy problem. This may seem odd to say during an era in which the most intimate details of individuals’ lives are on display. Yet government is moving behind closed doors, and this is definitely the wrong direction.

In fact, I’m dismayed by how often public officials fight not to do the public’s business in public. And I’m not just talking about the federal government.

City and town councils regularly go into executive session to discuss “personnel issues” that might or might not truly need to be carried on outside public view. And let’s not even talk about what can go on behind closed doors when it comes to contracting.

At the state level, lawmakers exempt themselves from public records laws, underfund public watchdogs, and exempt lobbying expenditures from sunshine laws. “While every state in the nation has open records and meetings laws, they’re typically shot through with holes and exemptions,” the Center for Public Integrity reported last year. “In most states, at least one entire branch of government or agency claims exemptions from the laws.”

In case you’re wondering whether this has an impact on real people’s lives, it’s worth remembering that thousands of emails released in the wake of Flint, Michigan’s water crisis revealed “what appears to be an active effort by state employees to avoid disclosure of public records under [freedom of information laws],” according to Governing magazine.

Meanwhile, there’s no shortage of efforts to keep the public from learning all sorts of details about how the federal government conducts business.

Campaign contributors increasingly manage to avoid disclosure of their political activities. Government contractors are not subject to most of the transparency rules that affect federal agencies—even as more and more business is being done through contractors.

The 72 federal inspectors general who are appointed to ensure the efficiency and accountability of the agencies they oversee face constant efforts to limit their access to records. Routine information is classified and kept secret; members of Congress joke that what they’ve just read in a top-secret document was taken from the front page of the New York Times. Yet they themselves increasingly rely on omnibus spending bills — which are put together behind closed doors by a handful of leaders and congressional staff with no public scrutiny.

Most notably, of course, secrecy extends to national security issues. There are some government secrets that are necessary to protect, and a balance has to be struck between protecting national security and openness. But the presumption should be in favor of openness. Those who favor secrecy should make their case in public and not rely on the old adage, “Trust me.”

Take the question of the U.S. drone program. The overall program may be necessary, and technical means, operational details, intelligence methods are all rightfully classified. But that should not be an excuse for hiding information from the American people about what we’re doing with drones. Do we want our resources spent on targeted killing programs? Who determines who gets killed? What’s the evidence on which we base who gets killed? How many innocent people have been killed? The American people have a right to know what’s going on. But we’re being kept in the dark.

Openness is not a panacea, but it makes good government more likely. Representative democracy depends on our ability to know what’s being done in our name. We cannot exercise the discriminating judgment required of citizens about politics, policies and politicians if we do not know what they’re doing. Nor is it possible to maintain the checks and balances required under our Constitution without openness and transparency. We have to shine a bright light on the actions of public officials so that it’s more likely they’ll act with integrity. Justice Louis Brandeis gave perhaps the most famous formulation of this requirement in his 1913 statement, “[S]unlight is said to be the best disinfectant.”

But Judge Damon Keith of the Sixth Circuit Court of Appeals put an exclamation point on the idea in a 2002 ruling that the government could not carry out secret deportation hearings without proving the need for secrecy. “Democracies,” he wrote, “die behind closed doors.”

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar, IU School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years. For information www.centeroncongress.org. “Like” us on Facebook at “Indiana University Center on Representative Government,” and share our postings with your friends.

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Before you reject the system, understand it


Lee Hamilton

Lee Hamilton

By Lee H. Hamilton

If there’s a theme that sets this political season apart, it’s the voters’ utter disdain for most of the people who practice politics. They’re fed up with politicians, they’ve lost faith and confidence in the political elite, and they don’t believe that the realm where politicians ply their craft—government—works.

There are many legitimate reasons for these people to be turned off by the way politics has been practiced and to be discouraged by the way the political system appears to work. But I’d argue that if you’re hell-bent on shaking up the system, you also need to understand it—and understand that certain features are likely to persist no matter how hard you try to change them.

The first is that it is very hard to make our representative democracy work. We make progress incrementally, over years if not generations. So you have to approach politics with great patience. Our system discourages the rush to judgment; it puts a premium on including as many voices as possible, which takes time in a complicated country.

Many people are also turned off by what lies at the center of our system: deal-making. This involves a clash of ideas in the public arena, compromise, and negotiation, which make many Americans uneasy. Yet, it’s how we resolve our differences, and has been since the first day of the United States’ existence.

So politicians who insist on purity impede solutions. There ought to be a healthy tension between idealism and realism, but we have to find a pragmatic way to combine them. This makes it challenging to come to an agreement on complicated issues, but it’s necessary to keep the country from coming apart.

We cannot look to government to solve all our problems. Indeed, we live in an era in which government faces more and more problems it cannot effectively deal with. Increasingly, citizens have to step forward and fill the void that government leaves. We may well be moving into the century of the citizen. Our communities and lives are better because of citizen action. Indeed, unless citizens boost their involvement and contributions, many of our problems will not be solved.

Lee Hamilton is a Senior Advisor for the Indiana University Center on Representative Government; a Distinguished Scholar, IU School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years.

 

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How to tell if Congress is working again


By Lee H. Hamilton

Lee Hamilton

Lee Hamilton

There have been encouraging signs that the Republican leadership on Capitol Hill wants to make Congress function again. They’ve talked about using conference committees more, allowing a more open process for rank-and-file members, enacting separate appropriation bills rather than using omnibus bills, and letting committees lead on legislation rather than hoarding all power in the leadership offices. Perhaps most important, they’ve acknowledged that Congress has many bad habits, and insist that they want to restore a healthy legislative process.

This has to be heartening to any American concerned about the level of dysfunction to which Congress had sunk. The question is, how can we tell if Congress is actually fixing itself? For as promising as the rhetoric might be, there’s a long way to go before words and reality meet on Capitol Hill. Here’s what you should keep your eye on:

First, differences in emphasis separate the leaders of the two houses, Senate Majority Leader Mitch McConnell and House Speaker Paul Ryan. Ryan is intent on pressing forward with key policy proposals that would anchor a bold Republican legislative agenda. But that’s because the Republican majority in the House is not generally believed to be at risk. Over in the Senate, things are different: control of that body next year is up for grabs, and McConnell seems to be focused on maintaining his party’s majority. For his members, boldness is a risk. This difference could lead to slim production.

So look to see how many and which issues the two leaders really push forward. Will they advance the Trans-Pacific Partnership trade deal in some version, or let it slide until the elections are past? Will they tackle tax reform? How about authorizing support for the war against ISIS? Ryan has already removed one key matter—immigration reform—from the table. Will other pressing issues also bite the dust?

The second big indicator is whether Congress has the political will to fix itself. Most members say publicly that they don’t want gridlock and are dedicated to making the institution function smoothly. The key measure of whether they really mean it is the attitude they take toward their political adversaries. If what you hear on Capitol Hill is nothing but distrust, then they’re not serious. If they’re willing to negotiate and compromise with one another—as happened at the end of last year, with the passage of an omnibus spending package — then there’s hope.

Third is what you might think of as the rolled-up-sleeves test. How hard are members of Congress willing to work at addressing the key issues facing the country? So far, the evidence is disappointing. The legislative schedule put out by the congressional leadership is, to be blunt, lax. On average, members of Congress will be working about nine days a month. They’ve given themselves four stretches of ten days off at a time. They’ll be off for 52 straight days in July, August and September, and then another 39 days in a row in October and November. Yes, it’s an election year and they want to campaign. But you cannot run a government that is not in session. The best we can hope for is an obvious sense of urgency when members of Congress are in Washington. Look for it. If you don’t see it, little will get done on Capitol Hill.

I should say that not all the responsibility for restoring Congress rests at the federal level. The states, too, have a key role to play. Will they get serious about how they draw congressional districts, so that politicians no longer have the luxury of picking their voters rather than the other way around? Will some states continue to pursue efforts to make voting harder—which, like gerrymandering, has the effect of shoring up the extremes in Congress? Will states make the effort to modernize their voting systems, so that the democratic process has a chance of working with minimal friction?

In the end, good intentions and fine rhetoric don’t accomplish much. I hope you’ll keep an eye on Congress and cheer for its members to act in accord with their own advice. If they do, Congress will take a giant stride toward improved performance.

Lee Hamilton is a Distinguished Scholar, Indiana University School of Global and International Studies; and a Professor of Practice, IU School of Public and Environmental Affairs. He was a member of the U.S. House of Representatives for 34 years. For information about our educational resources and programs, visit our website at www.centeroncongress.org. “Like” us on Facebook at “Indiana University Center on Representative Government,” and share our postings with your friends.

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Dysfunction exacts a cost



V-Lee-Hamilton-web
By Lee H. Hamilton

Earlier this month, The Economist, the renowned British weekly, ran an editorial advocating an end to the U.S. dollar’s supremacy as the world’s chief currency. The magazine offered several economic motives and one supremely political one. “For how long,” its editors wrote, “will countries be ready to tie their financial systems to America’s fractious and dysfunctional politics?”

I want to be blunt here. Congress’s inaction on a host of important issues — its inability to deal with our problems — is doing real damage to our country. It undermines our ability to lead in the world and causes undue economic and social hardship at home. We are getting a reputation as a nation that cannot deal with many of its problems.

If we’re to get out of this mess, the starting point is to recognize the political reality of divided government. The parties have a right to their own hopes and aspirations, but they also need to take seriously the responsibility to govern. They need to find a way past the unhappiness and anger that are evident in the country at large.

Given the seriousness of our problems and the lack of progress on the policy agenda Congress is supposed to handle, there’s really only one way forward: through negotiation and compromise. This has never been easy—learning to compromise on the issues without compromising one’s own principles—but it’s especially challenging now, when I worry that striking a deal has become a lost art.

Still, certain steps seem obvious. The congressional leadership must let the Congress work its will. Members should be allowed to vote straightforwardly on the major policy issues of the day, without leadership manipulating the process to control the result. The House should reject the Hastert Rule, under which a majority of the majority caucus is required to bring a bill to the floor. And both houses need to stop the outrageous use of huge omnibus bills adopted by short-cutting time-tested regular order procedures.

If Congress does not learn to compromise and negotiate, the country is headed for even deeper trouble than we’re currently in. U.S. world leadership will slip, our ability to deal with economic and social issues at home will deteriorate, and the electorate will become even more embittered. Our future is in Congress’s hands. It would be nice if they recognized it.

Lee Hamilton was a member of the U.S. House of Representatives for 34 years. He writes regularly about Congress and what individuals can do to make our representative democracy work better. His columns are part of the educational mission of the Center on Congress at Indiana University, where he is director. Visit www.centeroncongress.org or go to Facebook to express your views about Congress, civic education, and the citizen’s role in representative democracy. “Like” them on Facebook at “Center on Congress at Indiana University.”

 

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