Wednesday, November 14, 2012

A House Divided



Who is to blame for gridlock in Washington?

A lot of people blame fickle voters but I blame two Virginians; James Madison and Eric Cantor.

The debate about taxes on the wealthy is illustrative.

On the campaign trail Barack Obama repeatedly pledged to raise taxes on the wealthy if re-elected, which he was; with a narrow, but clear, majority of the popular vote. Not surprisingly, Obama wants to follow through on that pledge.

In an interview with ABC News Paul Ryan was asked if he thought the nation’s voters had given Obama a mandate to raise taxes on the wealthy.

“I don’t think so, because they also re-elected the House Republicans,” Ryan said. “So whether people intended or not, we’ve got divided government.”

I doubt that’s what most voters want and it may or may not be the type of impasse that Madison and the other framers of the Constitution intended; but it most certainly is a circumstance that the Constitution facilitates.  

It’s important to remember that no Federal politician, including the president, is elected by the popular vote of the nation as a whole. That fact alone makes it difficult for a president or either party to claim a true mandate from a single election.

Madison and the Federalists who prevailed in the battle over the U.S. Constitution were clearly hesitant to give too much power directly to voters, fearing a “tyranny of the majority.”

Thus, the president and the 100 senators (thanks to the 17th amendment)[i] are elected by voters that are segregated into states (and, for the president, the District of Columbia). Members of the House of Representatives are elected by voters that are segregated into 435 districts – which are further segregated by apportionment among the 50 states. Importantly, these state-apportioned districts are drawn by state legislatures. Because both the house and senate are controlled by Republicans in 26 state legislatures (the same number that Republicans controlled in 2011 when the congressional districts were drawn)[ii] it is not a surprise that the House districts were drawn to favor Republicans.  

When reflecting on the recent election and contemplating a future budget deal it is important to understand that the substantial Republican majority in the House of Representatives is the result of this structural advantage which the Founders intentionally created; and not the result of a fickle electorate that voted one way for the president and the U.S. Senate and a very different way for the U.S. House of Representatives.

Democratic House candidates received slightly more votes than Republican candidates in the Nov. 6 election but the Republicans ended up with a 35-seat majority in the House.

Michigan, Pennsylvania and Wisconsin are prime examples of this disconnect. President Obama received the majority of the popular vote in all three states, Democrats won the Senate contests in Michigan and Wisconsin and Democratic candidates for the House received, collectively, more votes than their Republican opponents in all three states.

Yet all three of these “blue” states will be sending more Republicans than Democrats to the U.S. House next year.  In Pennsylvania the count is 13 Republicans to five Democrats. In Michigan the count is nine Republicans to five Democrats and in Wisconsin it is five Republicans to three Democrats. Collectively, that’s a 27 to 13 edge for Republicans in three states were voters clearly favored Democrats.

There are no states where it worked the other way, where the Republican candidates received more collective votes but the Democrats got more congressmen.

There are 12 states where Democrats elected more U.S. House members than they would receive if the votes were applied proportionately – but there are 21 states where that is the case for Republicans.

A clear majority of Americans say they want the president and the Congress to compromise and work together but the district-by-district structure of the House does not facilitate that desire.

At least 190 House Republicans represent districts where Democrats have no plausible chance of winning. To put that in perspective, those 190 House members from “safe” Republican districts constitute 88 percent of the votes that Republicans need to elect the Speaker of the House and each of them is far more likely to be defeated in the next election by someone from their own party, running against them in the Republican primary, than by a Democrat running against them in the general election.

Republican Representative James Lankford of Oklahoma described this reality succinctly when he told the New York Times recently that: “I was elected by my district to represent their values. I really don’t approach this and say, now I’ve got to cave to what the Senate or president want.”

It is hard to argue with the righteousness or – perhaps more importantly – the logic of Lankford’s assessment.

Even though Lankford’s position is clearly not what the majority of Americans want the position he describes is clearly a circumstance that the framers of the Constitution purposefully chose to facilitate.

As the Speaker of the House and now – post-election – the most visible national face of the Republican Party, John Boehner is caught in the middle of these cross currents.

For Boehner to meet Obama halfway and also retain the Speakership he needs to be allowed the flexibility to cut a deal from House Republicans that have ample reason to be inflexible.

Thus, the key to a bipartisan budget deal is most likely held by House Majority Leader Eric Cantor; the congressman that will likely replace Boehner as Speaker of the House if Boehner decides to fall on his sword and cut a bipartisan deal with Obama.


[i] Prior to ratification of the 17th amendment in 1913 state legislatures chose U.S. senators.
[ii] Democrats now control both houses in 19 state legislatures, up from 15 in 2010. Three states are split and Nebraska has a single, bicameral legislature which is controlled by Republicans.

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