Why a Progressive Presidency Is Impossible, for Now
Eric Alterman | July 7, 2010
Few progressives would take issue with the argument that, significant accomplishments notwithstanding, the Obama presidency has been a big disappointment. As Mario Cuomo famously observed, candidates campaign in poetry but govern in prose. Still, Obama supporters have been asked to swallow some painfully "prosaic" compromises. In order to pass his healthcare legislation, for instance, Obama was required to specifically repudiate his pledge to prochoice voters to "make preserving women's rights under Roe v. Wade a priority as president." That promise apparently was lost in the same drawer as his insistence that "Any plan I sign must include an insurance exchange...including a public option." Labor unions were among his most fervent and dedicated foot soldiers, as well as the key to any likely progressive political renaissance, and many were no doubt inspired by his pledge "to fight for the passage of the Employee Free Choice Act." Yet that act appears deader than Jimmy Hoffa. Environmentalists were no doubt steeled through the frigid days of New Hampshire canvassing by Obama's promise that "As president, I will set a hard cap on all carbon emissions at a level that scientists say is necessary to curb global warming—an 80 percent reduction by 2050." That goal appears to have gone up the chimney in thick black smoke. And remember when Obama promised, right before the election, to "put in place the common-sense regulations and rules of the road I've been calling for since March—rules that will keep our market free, fair and honest; rules that will restore accountability and responsibility in our corporate boardrooms"? Neither, apparently, does he… Indeed, if one examines the gamut of legislation passed and executive orders issued that relate to the promises made by candidate Obama, one can only wince at the slightly hyperbolic joke made by late night comedian Jimmy Fallon, who quipped that the president's goal appeared to be to "finally deliver on the campaign promises made by John McCain."
None of us know what lies inside the president's heart. It's possible that he fooled gullible progressives during the election into believing he was a left-liberal partisan when in fact he is much closer to a conservative corporate shill. An awful lot of progressives, including two I happen to know who sport Nobel Prizes on their shelves, feel this way, and their perspective cannot be completely discounted. The Beltway view of Obama, meanwhile, posits just the opposite. That view—insistently repeated, for instance, by the Wall Street Journal's nonpartisan, non-ideological news columnist, Gerald Seib—is that the president's problem is that he and his allies in the Democratic Party "just overplayed their hand in the last year and a half, moving policy too far left, sparking an equal and opposite reaction in the rightward direction." And Newt Gingrich, speaking from what is actually considered by these same Beltway types as the responsible center of the Republican Party, calls him "the most radical president in American history" and "potentially, the most dangerous" as he urges his minions to resist the president's "secular, socialist machine."
Personally, I tend more toward the view expressed by the young, conservative New York Times columnist, Ross Douthat, that Obama is "a doctrinaire liberal who's always willing to cut a deal and grab for half the loaf. He has the policy preferences of a progressive blogger, but the governing style of a seasoned Beltway wheeler-dealer." Or as one of Obama's early Chicago mentors, Denny Jacobs, explained to his biographer David Remnick, Obama is a pol who learned early that "sometimes you can't get the whole hog, so you take the ham sandwich."
But the truth, dear reader, is that it does not much matter who is right about what Barack Obama dreams of in his political imagination. Nor is it all that important whether Obama's team either did or didn't make major strategic errors in its first year of governance: in choosing to do healthcare before financial reform; in not holding out for a larger, more people-focused stimulus bill, in eschewing a carbon tax; or in failing to nationalize banks and break up those that are "too big to fail." Face it, the system is rigged, and it's rigged against us. Sure, presidents can pretty easily pass tax cuts for the wealthy and powerful corporations. They can start whatever wars they wish and wiretap whomever they want without warrants. They can order the torture of terrorist suspects, lie about it and see that their intelligence services destroy the evidence. But what they cannot do, even with supermajorities in both houses of Congress behind them, is pass the kind of transformative progressive legislation that Barack Obama promised in his 2008 presidential campaign. Here's why.
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The American political system is nothing if not complicated and so too are the reasons for its myriad points of democratic dysfunction. Some are endemic to our constitutional regime and all but impossible to address save by the extremely cumbersome (and profoundly unlikely) prospect of amending the Constitution. Others are the result of a corrupt capital culture that likes it that way and has little incentive to change. Many are the result of the peculiar commercial and ideological structure of our media, which not only frame our political debate but also determine which issues will be addressed. A few are purely functions of the politics of the moment or just serendipitous bad luck. And if we really mean to change things, instead of just complaining about them, it would behoove us to figure out which of these choke points can be opened up and which cannot. For if our politicians cannot keep the promises they make as candidates, then our commitment to political democracy becomes a kind of Kabuki exercise; it resembles a democratic process at great distance but mocks its genuine intentions in substance.
We live, as Tony Judt has written, in an "age of forgetting," and nowhere is this truer than in our political discourse. Rarely do we stop to remind ourselves that, as a New York Times editorial put it, Obama "took office under an extraordinary burden of problems created by President George W. Bush's ineptness and blind ideology." The economy was tanking: for the decade between 2000 and 2009, real growth was at its lowest point since the 1930s, and the fact that two-thirds of all economic gains went to the top 1 percent of the population meant stagnation at best for most workers, actual decline for many. Clear environmental threats had been allowed to fester. The Bush Justice Department was engaged in what appears to be widespread criminal action in a host of areas. We were fighting two wars, hamstrung by the hatred of most of the world's citizens, and operating torture chambers (and lying about it) across the globe. What's more, based on the theory of the "unitary executive" Bush and Cheney were claiming near dictatorial powers to ignore both houses of Congress and even the courts when it suited their purposes. What was his successor to do? Should he bail out the banks? Nationalize them? Break them up? Allow Detroit to die? Invite the firing of tens, possibly hundreds of thousands of teachers, police, firefighters and emergency workers by state and local governments strapped by falling tax revenues? Allow the deficit to explode or the economy to implode? Should he close Guantánamo and Bagram prisons? End rendition? Get out of Iraq? Reverse signing-statements? Outlaw domestic spying? Cut carbon emissions? And by the way, exactly how would he accomplish these things—and simultaneously? By legislation? By executive fiat? By magic? Believe me, I could go on.
America's most irresponsible, incompetent and ideologically obsessed presidency not only left most of these political and economic crises on its successor's plate, it often masked significant problems that received virtually no attention, so prominent were the crises it caused. Many of these are more worrisome than the ones that made the front page. Entitlements were rising unsustainably. So was US foreign debt to China. Our education system was falling farther and farther behind other Western nations' as "No Child Left Behind" failed by virtually every appreciable measure, save number of tests given. Fifty-five percent of Americans were on their way to being laid off, having their work hours reduced or being forced into part-time employment. And, almost entirely uncovered by the media, much of our physical infrastructure had corroded to the point of near collapse. According to the American Society of Civil Engineers, "More than 26%, or one in four, of the nation's bridges are either structurally deficient or functionally obsolete," a problem that would likely cost roughly $17 billion per year to repair, or almost twice what had been budgeted. One-third of America's major roads are "in poor or mediocre condition and 45 percent of major urban highways are congested." Its drinking water systems "face an annual shortfall of at least $11 billion to replace aging facilities." Inland waterways, wastewater systems, levees: all of these crucial systems rate a "D" or lower according the Civil Engineers' report card. What's more, this neglect at the federal level is matched by an equal lack of interest in these topics by the mainstream media. A valuable study by Jodi Enda in the American Journalism Review revealed an almost total lack of interest in these issues on the part of virtually every major news organization.
The result of this malign neglect is that post-Bush America is one disaster waiting to happen after another, all of which—when they do—are laid at the feet of the current president, regardless of whether addressing them is consistent with his policy agenda. For if he does not find a way to do so, they will likely overwhelm it. The financial crisis that dominated Obama's early months—and almost brought down the entire world economy—is one obvious example. But consider for a moment the crisis of the moment: the BP oil spill in the Gulf of Mexico that so many in the mainstream media have sought to portray as "Obama's Katrina." Of course Obama himself is responsible for his administration's reaction to the spill as well as his ill-considered decision, taken just weeks before it took place, to allow expanded drilling in coastal areas. But almost all MSM debate on the question has treated the oil spill as an act of God, or of BP's negligence. In fact the conditions that led to the spill—including the egregious malfeasance that empowered BP and the rest of the industry to ignore the most basic precautions—were a direct outgrowth of the Bush/Cheney industry-friendly defenestration of the basic functions of the government's regulatory functions.
As Enda's report noted, before the spill no editor or producer thought to call a reporter and say, Hey, why not take a look at what's up over at the Minerals Management Service? Almost nothing had been written about the MMS at all of late, save for its now infamous four-year sex scandal. According to MMS spokesman Nicholas Pardi, there's not a single reporter in the country who covers its activities full time. And yet in the wake of this endless disaster, thanks to the energetic reporting of those institutions that are now on the job, we've learned, for instance, that the Minerals Management Service did not require oil companies to have backup systems to trigger blowout preventers in case of an emergency. No enforcement mechanisms existed at all. In recent years, regulators allowed the oil executives to fill in their own inspection reports in pencil, which were then traced over and submitted. Free hunting and fishing trips, tickets to games, expensive meals were the norm at the Lake Charles office, all provided by the oil companies. Taking such gifts "appears to have been a generally accepted practice," according to the department's acting inspector general, Mary L. Kendall. Two years ago, one MMS employee undertook four inspections of platforms while in the process of negotiating the terms of his employment with that same company. Another was suspected of using crystal meth during his inspections. It's no wonder that that the MMS collected only sixteen fines from the more than four hundred investigations of Gulf of Mexico drilling incidents over the past five years. The agency found roughly 200 violations of its regulations, but showed virtually no interest in pursuing any of them.
Meanwhile, as a result of this almost comically lax enforcement, BP executives felt no compunction in ignoring safety and environmental rules to which it was allegedly subject. One 2001 report found that the company paid little attention to the equipment it would need in the event of an emergency shutdown, equipment that might have prevented the explosion on the Deepwater Horizon rig. It often fell back on the least expensive and less reliable deepwater well design—called "long string"—and did so far more frequently than its industry competitors. Another report, from 2004, discovered a pattern of company intimidation toward its employees who expressed uneasiness about its safety or environmental practices. California officials accused the company of falsifying its 2002 fuel tank inspections, adding that four of five of its storage facilities failed to meet proper standards. BP was forced to settle a lawsuit brought by the South Coast Air Quality Management District for over $100 million. In 2005, a Texas City refinery explosion cost fifteen lives, owing in part to a failed warning system that one report found consistent with practices at "all five U.S. refineries, not just Texas City."
Given all of the above, Paul Krugman is quite right to point out that the failures of both the MMS and BP that led to the spill—MMS's failure "to require a backup shutdown system that is standard in much of the rest of the world, even though its own staff declared such a system necessary," as well as the exemption it gave BP "from the requirement that they file plans to deal with major oil spills" and its allowing "BP to drill Deepwater Horizon without a detailed environmental analysis"—are part of a pattern relevant not just to the MMS or even to the Bush/Cheney administration's lackadaisical approach to environmental regulation. Rather, they reflect the entire administration's attitude toward governance in general, and regulation in particular. "For the Bush administration was, to a large degree, run by and for the extractive industries," Krugman notes. Its appointees were not merely corporate lobbyists and shills who frequently enjoyed little interest and less competence in the areas they were being asked to regulate. They were often also corrupt. Again to take just one of many potential examples, the Bush/Cheney deputy secretary of the interior (the man credited with actually running the place) was the coal-industry lobbyist J. Steven Griles, who, in 2007, pled guilty to lying to Congress about his ties to Jack Abramoff's operation.
As it happens, Dick Cheney's role was crucial in creating these conditions. As Joshua Dorner of the Center for American Progress wrote, "Former Vice President Dick Cheney's National Energy Policy Task Force <1> concluded in May 2001 that 'advanced, more energy efficient drilling and production methods: reduce emissions; practically eliminate spills from offshore platforms; and enhance worker safety, lower risk of blowouts, and provide better protection of groundwater resources.'" Dorner continues:
One of the worst elements of what has come to be known as the "Dick Cheney energy bill" had a direct role in eliminating the kind of regulatory oversight that may have prevented the blowout of BP's Mississippi Canyon 252 well on April 20 of this year. Section 390 of the legislation dramatically expanded the circumstance under which drilling operations could forego environmental reviews and be approved almost immediately under so-called "categorical exclusions" from the National Environmental Policy Act. The use of such exclusions went on to widespread abuse under the Bush administration <2>. BP's blown-out well did not <3> undergo an environmental review thanks to a categorical exclusion. (BP was lobbying <3> as recently as April to expand the use of such exclusions.)
Paul Krugman correctly notes that Barack Obama "isn't completely innocent of blame in the current spill," owing to the fact that BP "received an environmental waiver for Deepwater Horizon after Mr. Obama took office." Indeed, as the current deputy interior secretary later mused, "What happened to all the stakeholders—Congress, environmental groups, industry, the government—all stakeholders involved were lulled into a sense of what has turned out to be false security." But the "broader pattern" here, Krugman notes, is one of "the degradation of effective government by antigovernment ideology." As a result of this ideology's ruinous effects, we are likely being lulled into a similar sense of "false security" about any number of aspects of our public life and the government's regulatory responsibilities. These failures have the potential to despoil almost every aspect of President Obama's positive agenda, not unlike an oil gusher spewing its poison into a pristine Louisiana wetland.
Faced with countless challenges merely to restore some sensible equilibrium to US policy regarding say, long-term deficits or financial regulation, Obama faces the conundrum of a system that, as currently constructed, gives the minority party no strategic stake in sensible governance. The two parties are demonstrably different in this respect. Democrats, even in the minority, participate in solutions designed to improve governance. They cannot help themselves. A commitment to the principle of good governance is the primary reason most Democrats tend toward politics in the first place. One might argue that this faith in government's ability to improve people's lives is misplaced or that it becomes easily corrupted over time by the temptations of power and privilege, but few serious political observers would deny its initial presence. This is rarely true of Republicans, who are suspicious of government on principle and opposed to successful programs in practice. (If government succeeds, Republican ideology fails…)
Ironically, given the deeply contested manner in which George W. Bush ascended to the presidency in 2000 despite his second place finish in the popular vote and a transparent power grab on his behalf by the US Supreme Court, it is Obama's, not Bush's, legitimacy that has come under attack by mainstream Republicans. As the environmental reporter Dave Roberts describes it, "at the federal Congressional level, the Republican Party has become tight in its discipline, extreme in its ideology, and utterly unprincipled in its tactics." To be fair to the Democrats, they are a far more ideologically diverse party than the Republicans, and contain many moderates, many of whom, in past Congresses, would easily have been conservatives. To further complicate matters, the more conservative or "centrist" representatives are almost always the most vulnerable, since they do not represent reliably liberal districts (many were recently recruited by Rahm Emanuel for the purposes of winning in "purple" districts). As NPR's Ron Elving recently observed following the publication of yet another poll predicting catastrophe for the Democrats this November, "The House Democratic majority is, as always, a struggle between the 'sitting pretty' faction that's safe (this year as always) and the more fragile 'scaredy cat' faction that could be carried off by even the gentlest of anti-incumbent breezes." "The 'scaredy cats' are the Blue Dogs," adds New York Times pundit Charles M. Blow. As a result, the Democratic leadership in both houses is forever forced to compromise with its own side rather than its opposition. Now add to this the fact that, as Roberts rightly notes, "Congressional Republicans exercise far more party discipline, are far more extreme ideologically, and are far more willing to twist and abuse procedure than are Congressional Democrats." It's true, as pundits like to claim, that both sides "do it," but Republican conservatives do it better, more often and to far greater effect.
More at:
http://www.thenation.com/print/article/37165/kabuki-democracy-why-progressive-presidency-impossible-now