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The Congress - 2002


Ben Wattenberg: Hello, Iım Ben Wattenberg. The November 2002 Congressional
elections are coming up. Democrats now hold a one-seat advantage in the
Senate. The Republicans have a slim majority in the House. There are
issues aplenty. The economy is dicey. The President is talking a bout war
in Iraq. How important are these elections? And how has our Congress been
doing up until now?

To find out more, Think Tank is joined by Michael Barone, senior writer for
U.S. News & World Report, co-author of the Almanac of American Politics, and
author of The New Americans: How the Melting Pot Can Work Again; and Norman
Ornstein, resident scholar at the American Enterprise Institute, columnist
for Roll Call, and co-author of Vital Statistics on Congress. The topic
before the house: The Congress 2002 This week on Think Tank.


Ben Wattenberg: Norman Ornstein, Michael Barone, thank you very much for
joining us on Think Tank‹again‹youıre both veterans. Norman, let me being
with you. You wrote recently in Roll Call that the Congressional elections
of 2002 might well be the most consequential of our time. What did you mean
by that?

Norman Ornstein: If you go back, Ben, through the 40-year period from 1954,
when the Democrats captured both houses of Congress, to 1994, when Newt
Gingrich gave the Republicans, for the first time, a majority back, you
could look at virtually all of those elections, going in there was no
question who would hold the majority in the House of Representatives. There
were questions about whether there would be a change of 20, 30, 40 seats,
more or less, but no question about the majority in the House. For most of
those elections, until the Republicans took the Senate in 1980 when Reagan
came in, there was no question. Now weıre at a period where both houses are
so close that theyıre literally toss-ups. And probably, next time around,
as we head for the 2004 elections, whichever party holds the majorities will
be in the same position. And add to that one other factor, the parties are
different than what they were back in the 50s and 60s and 70s through that
other era when most of the members tended to congregate somewhere around the
middle ideologically and there was some admixture between the parties. Now
the Democrats have moved Left; the Republicans have moved Right. So the
consequences of a shift in the majority, where if you have it you control
the agenda, the timing of issues, what comes up and when, are much greater.

Ben Wattenberg: Michael, do you buy that idea of the most consequential?
It seems to me that every time we come to an election, somebody is saying
this is the most consequential.

Michael Barone: Well, somebody is often one of the candidates and indeed
for that candidate it may indeed be the most consequential election, but for
others not necessarily. I think Norm is absolutely right. Weıve got an
exquisitely balanced American politics these days. In my introduction to my
Almanac of American Politics 2002 I call this the 49 percent nation. I
mean weıve had three straight presidential elections and three straight
elections for the U.S. House where neither party has gotten a majority of
the vote. The last time those two things happened was the 1880s. No one in
Washington has a living memory of that, except of course Strom Thurmond.

Ben Wattenberg: Consequential means more than just itıs close. How
consequential in terms of the national polity are these elections, who
controls by one vote or who doesnıt control by one vote?

Norman Ornstein: If you have the majority in the Congress, you have the
speakership in the House of Representatives to start with. You basically
control the rules, you control the agenda. That means you can decide what
issues come up, when they come up, and you can have some ability to limit
the amendments that are offered to those issues. You have every committee
chairmanship and every subcommittee chairmanship, so you decide the agenda
and the committees.

Ben Wattenberg: And the committees can decide to hear a certain issue or
not hear a certain issue.

Norman Ornstein: Hear a certain issue, not hear a certain issue. Haul up a
cabinet member or CEO and grill them or not call them up. Focus on some
things and use the Congressional bully pulpit.

Michael Barone: Yeah, Ben, youıve got, for example, one word. Denny
Hastert has been Speaker for four years, this is his fourth year as Speaker.
Legislation is brought to the floor of the House under rules issued by the
House Rules Committee, which limit amendments and so forth. You canıt
really run a legislature of 435 members without some kind of restrictive
rules. Every single one but one of those rules has passed during the four
years that Denny Hastert has been Speaker. In other words, the Republican
majority, and I think Majority Leader Dick Armey and Majority Whip Tom Delay
have done a superb job of keeping their majority together on important and
key votes, including issues that cross party lines a little bit, like fast
track on trade.

Ben Wattenberg: All of these strictures have ways around them. You can
petition for discharge of a bill, but basically thatıs how it works.

Michael Barone: Yes, they passed campaign finance, for example. The House
eventually passed a bill the Speaker didnıt want, but the fact is on most
issues they prevail. So, we have this year the Republican House passed a
Republican version of prescription drug bill, paying for some seniors for
prescription drugs. The Democratic Senate was unable to pass a bill one way
or the other. So thatıs a pretty favorable place for the issue for
Republican candidates. They can say, look we passed a prescription drug
bill. Democrats didnıt even do it. The one before us is our bill. Now if
the Democrats controlled the House of Representatives they could probably
pass a Democratic version of a prescription drub bill. It would have a
better chance of passing, or something like it in the Senate, and then the
issue would be, is that mean, nasty George W. Bush going to veto
prescription drugs for seniors. That puts the issue in a different light
and itıs likely to produce a different legislative outcome.

Ben Wattenberg: He has threatened the veto pen but hasnıt really used it
much, has he?

Michael Barone: He hasnıt used it at all.

Norman Ornstein: Letıs put this in stark terms: if the Democrats had gained
six more seats in the 2000 House elections, and held a majority by one vote
in the House, they would have kept the Bush tax cut from coming up. Tax
measures have to originate in the House. For months, taken away all the
momentum, and we would not have had anywhere near the tax cut we got. We
might have gotten a tax cut. We might not have gotten any tax cut. But the
tax cut we got would have been far different and the Presidentıs top
priority would have been delayed and diluted. Thatıs the difference it can
make. Now if you have all the reins of power doesnıt mean you can get
everything done because our system is so permeable and you canıt keep
perfect party unity, but if you donıt have the reins of power then you donıt
have the control of the agenda.

Michael Barone: The first President Bush was really forced by the
Democratic Congress to raise taxes in 1990 and to break his central promise
of ³read my lips, no new taxes.² That was because Democrats had the
majority in both houses and so you got a tax increase.

Ben Wattenberg: He could have vetoed it.

Michael Barone: He could have vetoed it, but as a practical matter they
were holding his defense budget hostage. The reason he agreed to that tax
cut, I believe, is that he felt that it was the only way to set separate
fire walls to preserve defense spending from being cut as much as he feared
the Democrats wanted to cut it. So he made a deal on taxes to save defense.

Ben Wattenberg: So the President, in hockey terms, if the Congress is of
the other persuasion, heıs sort of the goalie. He can stop a lot of shots,
but he canıt stop them all.

Michael Barone: And he can influence the negotiations by making veto
threats, as Bill Clinton did on a number of occasions.

Ben Wattenberg: And as Bush as done.

Michael Barone: And as Bush has done occasionally. And Bush has been
threatening a veto of the Homeland Security bill if it contains the
provisions on civil service workers that the Democrats want to keep in it in
the Senate.

Ben Wattenberg: Norman, you also wrote in that article, I think, that not
only is it the most consequential but the most unusual. What are the
unusual things that have happened in this Congress?

Normal Ornstein: Itıs not over yet, of course. We not only have a session,
well itıs supposed to end October 4th so they can get home and campaign for
this consequential election, wonıt end until late October, and then they may
come back for the so-called lame duck session.

Ben Wattenberg: Explain a lame duck session for our viewers.

Norman Ornstein: The new Congress takes office on January 3rd under the
Constitution. The election is in the first week in November. So that
period between November and January you still have the old Congress in
place, even thought many of its members are going to be leaving. A lame
duck is a session of Congress that keeps the old Congress and its members in
placeŠ

Ben Wattenberg: Who can call that Congress?

Norman Ornstein: The Congress can call it or the President can call a
session.

Ben Wattenberg: If the President calls a session they are bound to come?

Norman Ornstein: They are bound to come, they arenıt bound to do anything.
But theyıve been talking because theyıve got so much that they want to do in
the period before the election. And remember, whatever you do in a
Congress, a two-year period, if you donıt finish it by the end, you donıt
pick up where you left off, you go right back to square one. So theyıve
got a lot they want to do.

Michael Barone: Yes, theyıve got a complicated bill on bankruptcy reform,
which is being held up on a side issue. And that is one that an awful lot
of members would like to see passed. Itıs got large majorities, but youıve
got to get it through. Thatıs coming up. Youıve got appropriations for
many departments. Weıre probably going to be considering an Iraq war
resolution or something in the nature of that, probably before the election.
The Homeland Security bill is stuck in the Senate right now,

Norman Ornstein: Prescription drug benefits. Weıve still got the energy
bill thatıs been out there for so long and patientsı rights and so on. But
what makes this unusual, Ben, is if you go back to the election in 2000,
President winning by one electoral vote after the 36 days of controversy,
seeing his party lose seats in both houses of Congress, these very close
margins, you would have easily gotten away with predicting total gridlock.
We havenıt had a huge number of bills enacted into law, but when you look at
the sweep of things that have been done up until now: the tax cut, which is
a sweeping piece of legislation‹I take no position on whether these are good
or bad things‹a farm bill, huge and sweeping farm bill. The most major
campaign finance reform, really the first significant one in a quarter
century. A whole series of things done after September 11, from the Patriot
Act to the sweeping changes in transportation security.

Michael Barone: Fast track on trade was voted for the first time since it
lapsed in 1994. That was a significant and hard-fought vote with almost
none of the Democrats supporting free trade measures these days.

Norman Ornstein: Most Congresses, if you got one or two of those things
done, you Œd say, boy, that was a very significant accomplishment. Theyıve
actually accomplished quite a lot here, and if they do some of the things
that are still on the agenda before theyıre done this actually will be an
extraordinary Congress in terms of consequential legislation.

Ben Wattenberg: What are the major issues that Joe Congressman, or Joe
Senator, is going to be running on this fall?

Michael Barone: Well, the fact is, what weıre hearing them run on is not
very much. Some of the Democrats in particular, but also some of the
Republicans, are talking about prescription drugs for seniors, that comes
out fairly high. Many of them are talking about education. The Congress
passed an education bill in 2001 that was fairly significant. But the fact
is that there arenıt a lot of specifics. This is one of those times when no
issue really stands out on the screen. People are concerned about the war
on terrorism, but they also say theyıre concerned about domestic issues.
Thereıs some concern about the economy, but the fact is that neither the
Republicans nor the Democrats are proposing to do something significantly
different in terms of macro-economic policy, even though some people running
for election are saying well the economyıs in terrible shape. I mean I
asked Dick Gephardt, the House minority leader, Democratic leader, he said
the economyıs in terrible shape, weıve got to do something. I said, what
should we do? He said, I donıt know.

(laughter)

Norman Ornstein: What we do is this, Ben, Democrats would much prefer to
run on, and have voters concerned about as they go into the voting booth,
the economy, where the mood is sour, and domestic issues, like prescription
drugs, where they have a comparative advantage when voters are asked which
party can do better. The Republicans have a distinct and clear advantage on
foreign policy, the war on terrorism, military affairs. And if the issues
that people are thinking about, as they go into the voting booth, are a war
in Iraq, dealing with terrorism, making sure weıre strong abroad, then
Republicans will be very satisfied. And at this moment we donıt know which
will dominate.

Michael Barone: I think the Democratic Senate leadership has not handled
this to its maximum political advantage. They wanted to have this corporate
responsibility issue be the focus of things this fall, and they wanted to
assail the Republicans for not curbing irresponsible executives. The fact
is that bill was passed on a bi-partisan basis. The Sarbanes bill, which
was supported mostly by Democrats but had significant Republican support in
committee, and on the floor then was basically accepted by the Republican
House. That was passed at the beginning of August. Instead the Democrats
are getting into a fight with President Bush on Homeland Security, which is
not the issue theyıd really like to fight about.

Ben Wattenberg: For many years, members of Congress, when asked on the
public opinion polls, who do you think highly of, who do you not think
highly of, were right down in the basementŠ

Michael Barone: Yes, but my member of Congress was high.

Ben Wattenberg: My member of Congress was high, the others. And then
they got sort of a boost after 9/11, when everybody got a boost. And now
itıs sort of coming back down again. Letıs just chat for a moment about the
image of Congress. You guys work with them all day long, all week long,
all year long. I mean, you get this image of people who are spending more
time raising money than they are legislating, that theyıre not honest, that
theyıre always going out on junkets, that itıs sort of a mugıs game. Is
that how you all feel about the Congress? You talk to the people regularly.
You see how they live.

Michael Barone: I think thatıs a sort of grotesque caricature of what goes
on. I mean, the fact is, itıs not a life that most people would want to
live. You have to spend half the time in your districts, half the time on
Capitol Hill. Then you have to spend a lot more time these days in
airports, taking your shoes off and so forth. The fact is, yes, they do
spend some time raising money and they pay attention to how they raise
money. But they also, most of them, spend significant amounts of time
legislating. The junkets youıre talking about, some of them are kind of
free luxury trips. A lot of them are actually pretty hard-working trips
that have schedules and briefings that would be considered onerous duty.

Ben Wattenberg: That are longer than Think Tank even.

Michael Barone: Yes, itıs that kind of thing. So I think most of these
people are in business, theyıre in the politics business, through some
combination of ambition and idealism. The ratios between those two
qualities vary. but thereıs some element of both in almost all of them.

Ben Wattenberg: Norman, are these guys having fun? There was a time, I
donıt know, maybe about ten years ago when this sort of rancorous business
started, where a lot of elected office holders say, you know, itıs not fun
anymore. What about it?

Norman Ornstein: Itıs not fun. Itıs not certainly what it used to be. I
used to talk to the former Republican leader Bob Michel, who in the 50s and
into the 60s, he and a few of his colleagues, including Dan Rostenkowski,
the Democrat from Chicago, used to pile together into a Buick and drive to
Washington. Theyıd spend a lot of time here. You didnıt have regular
flights back. They were concerned about legislating. They had
relationships across party lines and they got satisfaction out of their
work. Itıs harder to get satisfaction. Partly because, as Michael says,
itıs a difficult lifestyle. Frankly the level of rancor and bile has
increased dramatically since say the 70s and into the 80s. Itıs down now
from what it was a couple of years ago, partly because of September 11th,
but itıs still higher that it should be.

Michael Barone: The level of rancor is there. The Constitution wasnıt
written to make it a pleasant lifestyle to be a member of Congress. I mean,
the fact is there was a price to be paid for that amity, and that price was
lack of competition between the parties and to some extent lack of
accountability of members of Congress. The Republicans got along well with
the Democrats as long as they didnıt threaten their majority. When Newt
Gingrich did threaten that majority and succeeded in overturning it,
naturally there was huge rancor and that was the price we paid for
competition. The result though is that the voter now has a serious choice
to make between the two parties. The parties being more cohesive than they
used to be are now more accountable for the results. Forty years ago there
were a lot of conservative Southern Democrats, in fact in some Congresses
they were more than half the Democratic caucus in the 1950s, there were a
fair number of liberal Republicans. Now the parties are much more cohesive,
you get party line votes, and you the voter have a choice.

Ben Wattenberg: Between the so-called red states and the so-called blue
states, which is in my judgment a little bit hokey because I mean if you
take a whole state and say thatıs a red state because it went 51-49 for the
Democrats. The maps on the red state/blue state thing are a little bitŠ

Michael Barone: Well they are, but there are some serious differences here.
I mean, New York City and Los Angeles County went for Al Gore by a bigger
margin than Lyndon Johnson carried them against Barry Goldwater in 1964.
For them this was a very one-sided race. Montana and Kentucky, to take two
of possible many states, gave George W. Bush a bigger margin than Richard
Nixon got over George McGovern in his landslide win in 1972.

Ben Wattenberg: Big cities got Democratic and rural areas goŠ

Michael Barone: Well, they donıt even see this as a close call.

Norman Ornstein: But this is presidential politics that weıre talking about
and in that sense Michael is right, voters have a choice. The paradox here
is that even though the parties have become distinct and more different, if
weıre talking about Congress, most voters donıt have a choice. Ninety
percent, close to ninety-five percent of the districts of the House are
safe. Members go back, they travel a lot, the lifestyle is brutal, most of
them are not seriously challenged.

Ben Wattenberg: Why do they keep doing it? I mean, after theyıre in office
for three terms or four terms theyıve established enough contacts here in
Washington that they can quit, work less hard, make three times four times
five times the money, and yet they stay on.

Michael Barone: Not all of them.

Norman Ornstein: Most do. If you talk to members, they get enormous
satisfaction, even though the lifestyle is tough, out of being in public
life and making those decisions. Thereıs an excitement that every day you
go in and something important may be happening. And if youıre out, you
donıt have that same level of excitement, the sense that youıre right at the
cutting edge of things. So, itıs something that many of them do and they
get locked into it. And we continue to get a reasonable group of people,
but I have to tell you, the money chase, what it takes to run and to win,
the brutality of it all, weıre having a harder time in many places of the
country, getting the quality of people across the board to run.

Ben Wattenberg: Would you like to be a Congressman?

Norman Ornstein: When I was growing up and when I first started to study
this I would have killed to be a member of Congress. Now I would not want
the lifestyle.

Ben Wattenberg: Norman, I know you were very active not only as a scholar
but as a participant in helping pass this campaign finance reform bill.
Thatıs not going to take effect for this election, is that right?

Michael Barone: Correct

Ben Wattenberg: What is it going to do to congressman and senators for the
next elections?

Norman Ornstein: Well, for the individual members it will be in some ways a
boon to them because one of the elements of this bill raises the limit of
what an individual can give to a congressional candidate from a maximum of
$1000 to a maximum of $2000. Now this is the first adjustment in 25 years
itıs still way below inflation.

Michael Barone: Yes.

Norman Ornstein: Itıs not as if this is going to suddenly transform American
politics and it wasnıt intended to do that. Itıs going to, if weıre lucky,
take a system that I believe had just careened out of control, especially in
terms of the outside advertising that was done, and move it back to almost
where we were in the mid-1980s.

Ben Wattenberg: Letıs talk about this election just for the brief few
moments that we have left. What are the polls showing?

Michael Barone: The vote in 1996 for House of Representatives was
Republicans 49 percent, Democratic 48.5 percent. In 1998, 49 percent
Republican, 48 percent Democratic. In 2000, 49 percent Republican, 48
percent Democratic. Nothing that Iıve seen in the polls and individual
races or preference nationally indicates to me that we necessarily will get
a popular vote that is different from that by any significant amount.


Norman Ornstein: Keep in mind that with say two to three dozen House races
that are hotly contestable right now, maybe eight, you could push it to ten
or twelve Senate races that are really interesting and close, you donıt need
much of a trend. The polls may not even show a trend. That could just be
enough, with the winds swirling in late October, to tip a couple of races in
one direction, from 51-49 one way, to 51-49 the other, and that will
determine the majority.

Michael Barone: And youıll have as we said earlier sharply different policy
results. If that House vote should change from 49-48 Republican to 49-48
Democratic, and that results in the Democrats taking over the House of
Representatives, there will be different policy results on many issues.

Ben Wattenberg: I want to ask a question about this policy results thing.
You have each indicated that the Congress is now more polarized than before.
There are people on the right, there are people on the left.

Michael Barone: Political scientists used to call for accountable, cohesive
parties, weıve got them now.

Ben Wattenberg: Okay, but yet, Norman and you also Michael listed out the
list of what has passed the Congress, and you said that it was pretty big
stuff and it was pretty good stuff, and knowing you guys that means it was
not extreme in left or right. So here you have the Congress that is much
more polarized than before, and yet they are passing important legislation,
that is legislation of the center. Is that right?

Norman Ornstein: I think more of it this time around, but not all of it,
was center-right because of the tremendous cohesion that the Republicans had
in the House and because of the political skills of the President. But it
was center-right, or it was center-left, or it was center. We do not have
extreme legislation passing. There is a check and balance at work here.

Ben Wattenberg: Norman, if you were a typical voter and watching television
on election night, what one race would you be looking at to give you a clue
as to what was happening?

Norman Ornstein: To me the most interesting race in the country is for the
Senate in Texas. This is the seat that Phil Gramm is retiring from. The
Presidentıs state, overwhelming Republican, conservative Republican who held
the seat, and the Democratic candidate for the Senate there, former mayor of
Dallas, African American moderate named Ron Kirk is putting up a tremendous
fight. If he wins that seat he becomes an instant national figure, and it
creates a huge problem for the President just in terms of appearance.

Ben Wattenberg: How about you Michael?

Michael Barone: I think one of the most interesting on election night will
be the race for Senate in Missouri. This is the seat held by Jean Carnahan,
the widow of the late Governor Mel Carnahan. Thereıs a strong Republican
challenger here, Jim Talent, former congressman, nearly elected governor in
2000. And if Talent wins, the polls show this is a pretty close race, if
Talent wins, his term begins upon his election and certification by the
secretary of state and the governor. That means that there could be a
post-election session of the old lame duck Senate in which presumably
control would pass from the Democrats to the Republicans again.


Ben Wattenberg: Wow. Michael Barone, thank you. Norm Ornstein, thank you.
And thank you. Please remember to send us your comments via e-mail. For
Think Tank, Iım Ben Wattenberg.

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