Saturday, December 20, 2014

A Tale of Four Parties: Can the Congressional Parties Keep it Together After CRomnibus?

The most recent appropriations bill passed on December 13, or the “CRomnibus”, as it was dubbed was a real feat of political gymnastics. As the bill’s nickname suggests, the budget bill was passed as a combination of both an “omnibus”, or traditional funding bill, and a “CR” budget measure, which Congress passes in an emergency situation. In this case, the emergency was to avoid yet another government shutdown as a result of a failed budget negotiation.

Unfortunately, this stopgap-type budget work is becoming a bit of a pattern lately. Last October, the budget finally passed by Congress was a CR measure, frantically pushed through in order to keep the government’s doors open after federal employees were furloughed for about 16 days because there was no money. This year, a government furlough, or “leave of absence”, was avoided because the budget was passed before money ran out.

This story is a familiar one for the federal government—Democrats and Republicans just can’t agree on how federal money gets spent. Although embarrassing for Congress, government shutdowns are not new. In fact, from 1981-1996, there were 11 government shutdowns after the House, Senate and White House were unable to decide on a federal budget. President Ronald Reagan’s administrations were especially prone to funding gaps that led to government shutdowns, with 8 separate shutdowns ranging from 1-3 days. President George H. W. Bush had one government shutdown lasting 5 days. President Bill Clinton had two—but one holds the record for longest shutdown at 21 days.

Data from Wikipedia
This time around, the debate was especially interesting because it exposed rifts in both political parties. President Obama himself advocated for the budget and pressed hard to get it passed in order to avoid a shutdown in January. Meanwhile, leadership in both the Senate and House shoehorned the budget through the system with a few interesting riders—a prohibition on the legalization of marijuana in DC, a pay freeze for Joe Biden, and the inclusion of white potatoes on the list of vegetables covered by WIC. The appropriations bill was so loaded with riders, that it became what lawmakers call a “Christmas tree”—a bill with many, often unrelated, amendments.

To make matter more complicated, outspoken outsiders from both parties took offense with the budget proposal, for very different reasons. Senator Ted Cruz, a conservative from Texas, opposed the bill because it did not cut off funding for Obama’s Deferred Action for Childhood Arrivals program. Cruz and Senator Mike Lee both argued that the CRomnibus was unconstitutional because it did not block Obama’s executive order. Cruz attempted to stall votes on the appropriations bill by forcing the Senate to go through procedural votes on Obama’s nominees before voting on the omnibus. His efforts pushed the budget vote back to Sunday morning. The Senate, however, rejected Cruz’ constitutional objections, and a majority—74 Senators—voted against his point of order against Obama’s immigration actions. The Senate’s rebuke may have come, in part, because Cruz shut down the government in 2013 over funding for Obamacare, which some Republicans argue gave the party a political “black eye”.

Senator Elizabeth Warren, who opposed the law because it reverses a key provision in the Dodd-Frank Wall Street Reform Act, championed the liberal argument against the CRomnibus. The 2010 Dodd Frank financial reform legislation was passed to protect Americans from predatory bank practices. The key provision weakened in the CRomnibus was designed to keep banks from making risking investments with federally guaranteed funds—money ultimately backed by taxpayers. Democrats were especially worried that this first attack against Dodd Frank would lead to others—and leaving Americans vulnerable to the same financial shenanigans that led to the recession in 2008. The White House, however, argued that enough of the law was kept intact to protect Americans, and that Democrats should overlook one line of the bill in order to pass the budget.

In the end, party line Democrats and Republicans worked together to pass the budget, while conservatives and liberals campaigned against it. Despite valiant efforts from Cruz and Warren, the budget was passed—but only because of intense campaigning by Obama, Boehner, Reid and Hoyer—a strange bipartisan coalition that was willing to compromise in order to avoid government shutdown. This vote exposed fascinating rifts in both national parties, a sign that both Democrats and Republicans in Congress need to do a bit of soul-searching. Going forward, this vote leaves us with several questions: Are the liberal and conservative factions associated with Warren and Cruz permanent? Are these factions closer to the will of the people than the more traditional party leadership? And as the balance of power in the Senate shifts to Republican control, we will have to see if these rifts widen, or if Democrats and Republicans can keep it together.

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