Congress letting bureaucrats make the laws

Another practice in which Congress evades its constitutional responsibilities:  Passing laws that consist largely of vague frameworks and enabling bureaucrats from the executive branch to fill in the blanks with the substance of the law.  George Will on a bill that would put regulations back under Congressional scrutiny:

John Marini of the University of Nevada, Reno, writes in the Claremont Review of Books that the 2,500-page Obamacare legislation exemplifies current lawmaking, which serves principally to expand the administrative state’s unfettered discretion. Congress merely established the legal requirements necessary to create a vast executive-branch administrative apparatus to formulate rules governing health care’s 18 percent of the economy.

The Hudson Institute’s Chris DeMuth, in an essay for National Affairs quarterly, notes that Congress often contents itself with enacting “velleities” such as the wish in the 900-page Dodd-Frank financial reform act that “all consumers have access to markets for consumer financial products and services . . . [that are] fair, transparent, and competitive.” How many legislators voting for the bill even read this language? And how many who did understood that they were authorizing federal rulemakers to micromanage overdraft fees? In Dodd-Frank, Obamacare and much else, the essential lawmaking is done off Capitol Hill by unaccountable bureaucratic rulemaking.

via A check on the regulatory state – The Washington Post.

Politics swallowing up the task of governing

We touched on this with the bill prohibiting sex-selection abortion, but here it is again, reported in a matter-of-fact way:

Democrats will bring to the Senate floor on Tuesday the Paycheck Fairness Act, a bill that is supposed to help close the wage gap between men and women.

The measure will fail, as intended, because at its core it is not so much a legislative vehicle as a political one intended to embarrass Republicans and help President Obama and congressional Democrats with female voters in November.

Democrats are making an obvious connection between the two as the ‘war on women’ loses traction as an election issue.

The bill, which needs 60 votes to clear procedural hurdles, faces almost certain defeat because most Republicans plan to vote against it. But Obama and Senate Democrats are hoping those votes will give them the opportunity to paint congressional Republicans as hostile to women’s interests.

The strategy is part of an increasingly common practice in Congress of moving legislation aimed solely at producing political results. For House Republicans, the strategy means votes to roll back parts of the Obama 2010 health-care reform bill or votes to highlight rising gasoline prices.

In the Senate, Democrats believe a sustained focus on women’s issues should help them maintain a slim majority after the November elections.

via Paycheck Fairness Act expected to fail – The Washington Post.

“The measure will fail as intended”!  The purpose of the legislation is just to score political points by embarrassing those who vote against it.   Of course, bills before the legislature often have a political sub-text.  But here Congress isn’t even trying to govern.  The members are only trying to get re-elected with seemingly no thought of the constitutional purpose of their institution; namely, to govern the country.

What would Romney do?

In raising the question why both campaigns are ignoring Romney’s record as governor of Massachusetts, Ezra Klein (a liberal) goes on to show how that record might not matter too much.  In doing so, he gives a succinct account of what both Romney and Congressional Republicans are planning to do should the election go their way:

In Massachusetts, Romney governed a blue electorate, and negotiated with a Democratic legislature. If he wins the presidency this fall, he will almost certainly be negotiating with a Republican House and Senate, which would be swept into office along with him.

We don’t have to pore over every decision Romney made in Massachusetts to discern what he would do in Washington if elected. Romney and the Republicans in Congress have explained exactly what they intend to accomplish — and their plans are remarkably in sync.

The budget prepared by Paul Ryan, the House Budget Committee chairman, and the Romney campaign’s general-election platform look quite similar. Both would cut taxes while flattening the tax code. Their Medicare-reform plans look similar; Ryan even modified his original draft to make it look more like Romney’s, which allows seniors to choose between traditional fee-for-service Medicare and private options. Their plans to increase defense spending are alike, as are their plans to cut domestic spending and to turn Medicaid, food stamps and other safety-net programs over to the states.

Because it’s difficult to imagine a scenario in which Romney is elected and Republicans don’t hold the House and win control of the Senate, Republicans wouldn’t be stymied by Democratic opposition. They would have the votes to pass their agenda. True, they won’t get a filibuster-proof majority of 60 in the upper chamber, but Ryan’s budget is, well, a budget, which means it could be passed through the budget reconciliation process — and couldn’t be filibustered. To enact a radical change of direction, Republicans need only a simple majority of votes.

via Why neither Obama nor Romney wants to talk about Romney’s record – The Washington Post.


What awaits us, no matter who wins the elections:

On Dec. 31, the George W. Bush-era tax cuts are scheduled to expire, raising rates on investment income, estates and gifts, and earnings at all levels. Overnight, the marriage penalty for joint filers will spring back to life, the value of the child credit will drop from $1,000 to $500, and the rate everyone pays on the first $8,700 of wages will jump from 10 percent to 15 percent.

The Social Security payroll tax will pop back up to 6.2 percent from 4.2 percent under the deal approved Friday by Congress. And new Medicare taxes enacted as part of President Obama’s health-care initiative will for the first time strike high-income households.

The potential shock to the nation’s pocketbook is so enormous, congressional aides have dubbed it “Taxmageddon.” Some economists say it could push the fragile U.S. economy back into recession, particularly if automatic cuts to federal agencies, also set for January, are permitted to take effect. . . .

The tax shock is set to occur after the Nov. 6 election but before the new Congress — and potentially a new president — take office two months later. While the outcome of the contest is likely to color the tax debate, Obama will either be freshly reelected or on his way out and, therefore, free to play hardball with Congress.

White House officials say Obama will not sign another full extension of the Bush tax cuts, as he did in December 2010. Obama is demanding a partial extension that would preserve the cuts for middle-class taxpayers but permit rates to rise on household income over $250,000.

via ‘Taxmageddon’ looms at end of payroll tax holiday – The Washington Post.

This will be decided by the lame duck Congress and the potentially lame duck President (unless he is re-elected, which I still think is likely).  Doing nothing or being deadlocked means the tax cuts will all expire.

Congress fails again

Back in August, Congress averted a government shutdown at the last minute by kicking the can to a “Supercommittee” that was assigned to find $1.2 trillion in savings.  The incentive was a provision that if the bipartisan task force failed to do so, $1.2 trillion would automatically be cut, with half from social programs (to get the liberals to co-operate) and half from defense (to get the conservatives to co-operate).  The deadline for an agreement would be Thanksgiving.

Well, that would be this Thursday and it is evident that no agreement is likely, with the sticking points being the same ones that stymied Congress back in April:  Democrats want not only cuts but new revenue, and Republicans won’t agree to any tax increases.

But doing nothing will be just as good, given the automatic cuts that will take place (though not until 2013).  Right?  You would think so.  That was the agreement.

But now the word is that Congress will renege on that deal by adding back what would have been cut out of  social programs and national defense!

Supercommittee Expectations Wane on Tax Divide – Bloomberg.

The two debt-reduction plans

So House Majority Leader John Boehner has a debt reduction plan on the table.  It is competing with Senate Majority Leader Harry Reid’s plan.  (Notice how both sides are cutting President Obama out of the discussion.)  Both plans cut spending by $1.2 trillion.  Neither plan involves a tax increase.  In fact, the two plans are extremely similar.  Philip Klein gives us a useful comparison:


– Both plans claim to reduce discretionary spending by $1.2 trillion.

–Both plans create a joint, bipartisan, Congressional committee to find future savings.

– Neither plan includes specific entitlement reform.

–Neither plan includes specific tax increases.


– Reid’s plan wants to raise the debt ceiling all in one chunk (and boosts the claimed deficit reduction number by relying on savings from the expected wind down of the wars in Iraq and Afghanistan), but Boehner it raised in two parts.

– While both plans endorse a joint committee, the Boehner plan makes the second debt limit increase contingent on Congress passing $1.8 trillion in additional deficit-reduction based on its recommendations.

– Boehner plan would ensure a vote in both chambers on a Balanced Budget Amendment.

– Boehner proposes caps to future spending.

Possibilities for compromise:

– It would be easy for Reid to allow a vote on the Balanced Budget Amendment.

– The differences over whether the debt limit increase should be short-term or last through the 2012 election is not an ideological-based disagreement, so it seems either side could give way on that one.

– Depending on the level of the spending cap, there may be some compromise there.

via Boehner and Reid plans aren’t that different: a comparison | Philip Klein | Beltway Confidential | Washington Examiner.

And yet, for all of the similarities, both sides are still at each other’s throats. Not only that, Boehner’s own party is in revolt against his plan.   I’m not sure why.  Surely the Republicans are getting what they want, over a trillion dollars in cuts and no new taxes.  The main issue now is political:   Reid is proposing a two year package, tiding things over until after the 2012 elections, while Boehner wants to go through all of this again in a year.

Meanwhile, the country faces default and probably worldwide economic collapse if the debt ceiling isn’t raised by August 2.

Under President Clinton, the ascendant Republicans  in Congress shut down the government, sparking a popular backlash that re-elected the unpopular president.  I suspect the same thing will happen again:  Today’s ascendant Republicans, giddy with having taken the House of Representatives, will show themselves willing to shut down the economy, sparking a popular backlash that will re-elect President Obama.