Monday, October 16, 2023

What’s Wrong with Congress

By Jonah Goldberg

Thursday, October 12, 2023

 

At the time this went to press, the Republican Party was in disarray.

 

I should probably be more specific.

 

The House GOP was struggling to replace Kevin McCarthy as speaker after his ouster had been orchestrated by Representative Matt Gaetz with the help of a small cadre of Republican opportunists (and, technically, the entire Democratic caucus). There’s no need to recount the specific policy disputes that sundered the caucus, because there were none. Not really. The notion that Gaetz, who supported trillions in spending during the Trump administration, is a sincere champion of fiscal restraint is almost as implausible as the suggestion that he’s a champion of sexual restraint.

 

His claim that he is passionate about getting the party back to regular order and proper governance is belied by his previously explained philosophy of governance. In his book he recounts how former speaker Paul Ryan once counseled him not to prioritize being on TV so highly. “Why raise money to advertise on the news channels when I can make the news?” Gaetz writes. “And if you aren’t making news, you aren’t governing.” Gaetz boasts of growing up in the house occupied by Jim Carrey’s character in The Truman Show, a dark comedy about a man who doesn’t realize he’s the star of a TV drama. The difference, Gaetz writes, is that “I know that all the world’s a stage, especially when we all have cameras with phones [sic].”

 

Of course, like dysuria, Gaetz is just a painful symptom. A great number of Republicans — and Democrats — have a similar understanding of governing as performance art. Representative Alexandria Ocasio-Cortez (D., N.Y.) is a prodigious fundraiser, a social-media powerhouse, and a ubiquitous talking head on TV. But her legislative record is among the slightest in Congress.

 

The reasons for the current political dysfunction are fairly well established. The “big sort” has created extremely safe districts for incumbents in both parties, which means that the only threat to their tenure is a primary challenge. Ever since Barack Obama’s 2012 campaign, both parties have convinced themselves that there’s no point in attracting new voters and all they need to do is rev up turnout among their existing coalitions, which just makes them speak their own language even louder, like the proverbial ugly American. Widespread polarization and negative partisanship, fanned by ideological media on both sides, foster an environment in which many primary voters are more eager to hear how you will fight the other party than how you will implement a policy. The most passionate partisans see politics as a form of gladiatorial entertainment detached from any notion of good governance.

 

***

 

These are not Republican problems or Democratic problems. They are American problems that manifest themselves in both “red” and “blue” parts of the country. But they are more acute and obvious in the Republican Party, which suffers from — to borrow a phrase from Governor Ron DeSantis — a culture of losing. Large swaths of the Right have an apocalyptic vision of politics and assume that the “enemy” — the Democrats, the Deep State, the Biden “regime,” even the Republican “establishment” — is so thoroughly corrupt and evil that any compromise amounts to collaboration. Better to be like the Sicarii, the Jewish warriors at Masada who opted to die rather than give in to the Romans.

 

Indeed, even the suggestion of incremental success or legislative progress poses a threat to this worldview. The perfect is always the enemy of the good, and in the apocalyptic telling the perfect is achievable simply by the brute application of Republican willpower. McCarthy’s debt-ceiling deal in June was a modest victory, but it was immediately denounced by many right-wing firebrands as a betrayal.

 

Why? Because if partial victories are possible, the stakes are not as existential as claimed. The logic of “the Flight 93 election” holds that half measures are suicidal folly. Better to die fighting because there is no tomorrow than build toward a better one. The incentives for incremental progress are outweighed by the benefits of catastrophizing. Winning assigns accountability; losing is liberating, providing opportunities to go on TV or send out fundraising emails and claim that you were “stabbed in the back” by the “uniparty” or the “RINOs.” When asked on ABC’s This Week about his defeat in the shutdown fight, Gaetz was happy to admit defeat. “We lost,” he conceded, but “a defeat is not a surrender.” This was a pithy expression of the now deep-seated view in many quarters that it is better to lose fighting in the name of purity than to partially win.

 

Donald Trump has fueled the culture of losing. In 2018, he celebrated numerous Republican midterm defeats, blaming them all on the failure of GOP candidates to “embrace” him more fully. In 2020, he cost the party the Senate by encouraging Georgia Republicans to avoid voting in a “rigged” runoff election overseen by Republicans. In 2022, he stymied the attainment of a Republican Senate majority by promoting deeply flawed primary candidates who were loyal to him but could not win in the general election. Trump has made it clear time and again that he’d rather be the sole leader of a smaller Republican Party composed of his personal praetorians than one of many leaders in a larger Republican Party that is a majority party.

 

Indeed, Gaetz’s ouster of McCarthy would have been impossible if the GOP didn’t have such a narrow House majority. Were it not for the culture of losing, the caucus would be large enough to marginalize professional malcontents and sincere Sicarii. This is the context behind Representative Matt Rosendale’s admission that he had prayed for a narrow GOP victory in the 2022 midterms. If the GOP were a true majority party, the Matt Rosendales would have to choose between irrelevance and doing their jobs.

 

***

 

There are structural reasons for this predicament. As in Hemingway’s description of bankruptcy, it came upon us gradually and then suddenly. Contrary to the expectations of the Founders, Congress ceased to be a jealous guardian of its powers and prerogatives, ceding its functions to the executive branch and the courts. This self-gelding coincided with internal changes in Congress. Starting in the 1990s, in the name of reform, committee chairmen were neutered and the speaker’s office became the real locus of legislation, which was hammered out by party leaders and presented on short notice to members who could do little but vote up or down.

 

The parties followed a similar pattern of self-neutering under the banner of reform. Starting with the Democrats after the 1968 election and their disastrous convention, the parties decided they should absolve themselves of any institutional responsibility to select or even screen candidates. America remains the only advanced democracy in which parties outsource candidate selection to primaries alone.

 

The greatest blow to the power of parties at least wasn’t entirely their fault. Once more in the name of reform, the McCain-Feingold Act took away the parties’ power of the purse. It thereby removed their remaining tool to hinder unelectable candidates and ushered in a world in which politicians had to rely on direct fundraising fueled by “making news” on TV and, later, social media. As Mitch McConnell predicted at the time, “We haven’t taken a penny of money out of politics. We’ve only taken the parties out of politics.” It’s no coincidence that McConnell is the politician most loathed by the Sicarii. He has worked assiduously to support the most electable Republican Senate candidates because, as a grown-up, he prioritizes having a Senate majority. He famously detests self-interested Republicans who care more about their own fundraising and TV time than having a functional party. And the people who don’t care about governing or Republican majorities detest him for it in return.

 

It’s counterintuitive, but weak parties create strong partisanship because weak parties cannot impose the discipline required to set priorities, punish destructive politicians, or do the other things necessary to protect their brand with the voters on whom their majority depends. Meanwhile, a weak or dysfunctional Congress cannot fulfill its role of being the place where political differences are properly debated and resolved. As a result, other institutions outside party control adopt party functions. Fox does more to educate voters and set Republican priorities than the GOP does. The various interests that make up the GOP coalition have little incentive to compromise for the good of the party, as they have the ability to directly influence voters, donors, and politicians. Of course, all of these problems become more apparent in a populist era. A ship with structural weaknesses can serviceably sail along on calm waters, but rough seas not only make the disrepair more obvious, they hasten the shipwreck.

 

None of this is good for conservatism. When William F. Buckley was the intellectual leader of the insurgent movement to transform the GOP into a conservative party, it was understood that this was just a first necessary step toward the real goal: to move the country in a conservative direction. That goal was accomplished (contrary to what you may have heard on TV or Twitter/X, the Rockefeller Republicans left the party ages ago). But the larger mission has been forgotten or abandoned. The incentives — cultural, financial, psychological — for being in a constant state of rebellion against “the establishment” are simply greater than the incentives to do the hard work of party-building and constructive legislating. The loudest voices say all we need for total victory is willpower, not votes. The responsible voices know otherwise, but they tend to whisper lest they be accused of weakness or collaboration.

 

***

 

How do we get out of this mess? There are changes to the Constitution that might help — for instance, restoring congressional supremacy by requiring a simple majority to override presidential vetoes and/or giving Congress a legislative veto of (increasingly lawless) presidential executive orders. But it is very unlikely that any of them could be made in the foreseeable future. Moreover, our predicament isn’t really the result of any obvious constitutional defect. The Constitution can be understood as the skeleton of our system. Legislation and healthy parties are the muscle and sinew, and that is what has atrophied. For instance, the Founders never imagined that the average congressional district would contain 800,000 people. (George Washington spoke only once at the Constitutional Convention, to insist that districts of 40,000 were too large.) Expanding the House requires only an act of legislation, but House members are unlikely to allow further dilution of their power and prestige. House expansion would help Congress be more responsive to voters, reduce the worst aspects of gerrymandering, and cool some of the passion for scrapping the Electoral College by making it much harder for a presidential candidate to win the college while losing the popular vote.

 

Alas, we’ll likely never return to picking candidates in smoke-filled rooms, but in 2021 the Virginia GOP realized that a conventional primary would probably result in a sure loser for the governor’s race, so it nominated Glenn Youngkin at a convention instead. If eliminating primaries is impossible, adopting ranked-choice voting would make it more likely that better general-election candidates got nominated.

 

Eliminating the current campaign-finance regime would be exceedingly difficult, given Supreme Court rulings and the widespread view that democracy is invigorated, rather than crippled, by small donors who see politics as more a choose-your-own-adventure video game than a contest of ideas. But the parties could adopt various rules that would make them serve less as marketing departments for whoever happens to win a primary.

 

Last, it’s time to recognize the downsides of “transparency.” It may be “the best disinfectant,” but disinfectants aren’t cure-alls. The body politic needs its healthy bacteria, too. Putting cameras everywhere, particularly in Congress, was a mistake. Televised congressional hearings are not mechanisms of debate and discovery. They are opportunities for politicians to preen for the cameras and create YouTube clips of themselves for fundraising emails. That’s why, if you watch any high-profile hearing, you’ll notice that the witnesses rarely get to answer important questions and the self-important questioners often repeat the same points in time-sucking mini-speeches. The Schoolhouse Rock version of how a bill becomes a law is a quaint myth at this point. Congress has become a parliament of pundits.

 

Politics in general, and legislating in particular, is about negotiating, haggling, and horse-trading. That is impossible to do when all the world, but especially Congress, is a stage, the audience thinks compromise is collaboration, and “governing” means winning their applause.

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