Abusing ‘the power of 41’

Senate Minority Leader Mitch McConnell (R-Ken.) sat down the WSJ’s James Freeman this week, and noted, after more than a year of record-breaking obstructionism, he’s rather pleased with himself. (thanks to V.S. for the tip)

“When I woke up after the election in November 2006,” Mr. McConnell says, “I realized I was going to be the Republican leader and not the majority leader. That was the bad news.” The one-time county judge continues: “The good news is that 49 is not a bad number in a body that requires 60. The United States Senate is the only legislative body in the world where a majority is not enough.”

Though he has used a variety of political and parliamentary tactics to steer bad ideas off the rails, Mr. McConnell simply credits the Senate’s cloture rules, which require 60 votes to force consideration of any bill. “My goal from the very beginning, which my Republican colleagues have supported without exception, basically, is to use the power of 41 — or more — to do one of two things: either to stop things that are totally awful … or more frequently, to use the power of 41 to shape.”

This is sheer nonsense. The problem has never been that Senate Republicans judiciously blocked “totally awful” legislation; the problem has been that Senate Republicans have demanded supermajorities for every bill that moved.

To hear McConnell tell it, the GOP caucus has been careful and deliberate about the Senate’s cloture rules. What he did not mention, and which the WSJ ignored, is that Senate Republicans have blocked more bills in 2007 than any previous minority blocked in any two-year span in congressional history.

The Journal’s Freeman credits McConnell for steering “bad ideas off the rails.” But looking back over what was blocked last year, it seems by the standards of McConnell and the WSJ editorial board, practically all ideas are “bad.”

Just as an aside, because it’s a stale debate by now, I should probably add that McConnell basically accused Democratic lawmakers of committing treason, undermining U.S. security in exchange for cash from trial lawyers.

Protection against terrorism may yet prove to be a potent issue this November. Temporary wiretap authority enacted last year has expired. The Senate has passed a bill – supported by Mr. McConnell – clarifying the government’s ability to target overseas terrorist communications without a court order. But Ms. Pelosi and her colleagues in the House Democratic leadership have refused to go along, even to allow a vote on the measure. Among the reasons is that the bill grants immunity to phone companies that respond in good faith when the feds ask for help in matters of national security.

Based on the declared support of House Democrats for the Senate bill, Mr. McConnell says the bill would pass if it came to a vote. Of Ms. Pelosi and her colleagues’ obstructionism he comments tartly, “It would make you believe that they’d rather see companies in court than terrorists in jail.”

Some 40 lawsuits have been filed against phone companies who responded to government requests for wiretaps in the aftermath of 9/11. Mr. McConnell believes the Democratic leadership is doing a favor for the trial lawyers, a key party constituency.

“It shows you how far they’re willing to go,” he says, “to enrich these obscenely wealthy characters who practice this kind of law. They’ll do anything for them, even jeopardize the security of the United States of America.”

McConnell is a pretty sleazy character, but even for him, this is low.

The irony, of course, is that it’s Republican supporters of telecom immunity who are looking to get a financial reward, not Democratic opponents looking for money from the plaintiffs’ bar.

First, the substance.

Having visited EFF’s offices myself, I can confirm Cohn’s description — they’re anything but a swanky law firm. And EFF’s work has been vital to defending and expanding online freedom. The idea that the FISA debate is about trial lawyers, rather than privacy and the Constitution, is an insult both to the hard-working lawyers at organizations like EFF and the ACLU, and to everyone else’s intelligence.

Second, the Republicans’ financial motivation.

With the House Democrats’ refusal to grant retroactive immunity to phone companies — stalling the rewrite of the warrantless wiretapping program — GOP leadership aides are grumbling that their party isn’t getting more political money from the telecommunications industry.

Like most corporate interests with a heavy stake in Congressional action, the major phone companies significantly boosted their contributions to Democrats last year after the party surged back into the majority.

But giving by that sector is getting special attention from Republicans now that the debate over the surveillance program is front and center — and focused on the phone companies’ role in aiding the Bush administration after the 9/11 terrorist attacks.

“It’s quite discouraging,” said one GOP leadership aide, referring to the disparity in giving from the telecommunications industry in light of the FISA debate, but also the broader lack of support for Republicans from the business community in general. […]

In a reflection of the sensitivity of the subject matter, and an apparent recognition that they would undermine their own messaging by appearing to be motivated by fundraising concerns, Republicans on and off Capitol Hill declined to comment on the record. […]

“There’s no question that from time to time staff, and maybe some Members, say to fellow travelers: ‘Are you giving us some air cover? Are you helping us help you?'” [one Republican lobbyist said.]

Pointing at Dems (falsely) with one hand, while reaching for a telecom handout with the other.

Shameless. Simply shameless.

there’s nothing “seems” about it: the clowns who control the wsj editorial page are dishonest propagandists of the first order. they are opposed to anything that doesn’t further tax-cutting and republican dominance, and think nothing at all of being inconsistent or flat-out lying to support those two goals. any democratic idea is by definition to these people a “bad” idea.

friends don’t let friends read the wsj editorial page (the rest of the paper is pretty damn good) precisely because exposure to this kind of cesspool thinking is destructive to rational thought.

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    Just watch your 401K go up in smoke?
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    Got a dead end job with no benefits?
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    Been deployed to Iraq AGAIN?

    Well you can thank the Road Block Republicans who are working hard in Washington to SCREW YOU!

    Wanna get your life and country back?
    VOTE THEM OUT.

  • This article is misleading when it says “Mr. McConnell simply credits the Senate’s cloture rules, which require 60 votes to force consideration of any bill.” That sounds like all bills require 60 votes to even get voted on. The key word is “CLOTURE” – which basically means it takes 60 votes to stop a “filibuster”.

    What has been infuriating is Harry Reid and the Democrats have allowed the Republicans to just threaten a filibuster – and the Democrats just give up. Why not make the Republicans stand in the well fo the senate and actually hold the floor for days on end? They are not getting anything done anyway. Harry Reid actually made a fairly effective Minority Leader – but he is woefully inadequate as a Majority Leader. (Maybe Hillary cans show some of her “testicular fortitude” as the new leader – that is, if she doesn’t totally piss everybody off by next year.)

  • The supposed requirement for a Senate supermajority in order for anything to move (which only seems to apply to Democratic legislation) will be a huge problem for the Obama administration starting in 2009. I suggest either the old Republican “constitutional option,” or, failing that, adoption of rules to make filibusters much harder to mount.

  • On May 20 the Democratic Primary in Kentucky will determine the opponent to Mr. McConnell. I hope many of you will join me in sending money to that candidate.

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  • I hope the Republicans keep at least 41 trhough next year. I really fear what the left wing of the Democratic Party can do when they control both houses and have President Obama to sign bills.

  • Odd, I dont recall anything under 50 have any particular power back when we were in the minority. . .

  • Legislating should be the main goal rather than just “stopping the democrats”. The 60 vote rule is only necessary to stop filibusters and these obstructionist republicans filibuster everything solely for political reasons. Trying to make sure they prove government doesn’t work they operate solely to ensure the privatization of our nation and the profiteering by corporate interests. McConnell has disgraced our nation by his obstructionism, wasting our time and taxpayer dollar by his childish shenanigans. A big baby who believes bipartisanship. I can’t wait for the adults to take charge. Without republican obstructionism and with finally a dem president, house and senate we can begin to resolve this republican disaster. I can barely contain my enthusiasm that we might finally have a chance to restore our freedoms and end this class warfare. Perhaps this anti peace era will be brought to an end and we might finally get somethings done. We tried it the republican way and the results have been disastrous…now it’s our turn if we can just get these obstructionists like McConnell out of the way.

  • What is the left wing of the Democratic party anyway? I just can’t seem to picture what would be representative of a “left wing”. Would that be Kucinich?

    ***TRSP*** What do you mean by “left wing”? What would be their criteria? What is it you fear them doing?

  • #10 TRSP is afraid that Democrats will do horrible things like pass laws to protect people rather than corporations, get rid of the boondogle that is the “war on terror” and actually catch terrorists rather than use them to make people afraid, pass a windfall profits tax on oil companies to pay for Bush’s war, etc.

    You know, real work.

  • No, I am in favor of things like a reasonable minimum wage, and correcting stupid laws that prevent people from suing over wage discrimination after 180 days.

    I am even in favor of a single payer health insurance system. I have lived in England, Candada and Germany and think their systems are sooooo much better than ours.

    However, I am concerned about all the anti Wal-Mart crap. I am concerned about the anti NAFTA crowd.

    I also find it amazing that anyone who makes a moderate, let alone a conservative post, here gets no respect at all.

    I am not a liberal because liberal is a good thing. I am liberal because the far right has pushed things way, way too far.

    Go back in history. Gerry Ford was a very conservative congressman when he became VP. Right now he would be a Democrate.

    However, because of gerrymandering, the House is full of far right and far left people. The primary system now makes it very difficult for moderates to even get the nomination. So in the Senate, which is less polarized, (you can’t gerrymander a state) is becoming more extreme.

    Can anyone name a single senator who is being challenged by someone closer to the political center in a primary? When was the last time a Democrat replaced a more liberal democrat in the Senate?

    I could go on but everyone has probably stopped reading by now.

  • I am in favor of things like a reasonable minimum wage, and correcting stupid laws that prevent people from suing over wage discrimination after 180 days.

    I am even in favor of a single payer health insurance system. — TRSP, @13

    Then you’re so far to the left, you’d be called a “flaming commie”, by our current standards; I could wish there were more of you, especially in the Senate.

    Which makes it all the more curious, when you claim that our current crop needs to move more to the centre (either by personal conversion or by replacement); if they did, they’d drop off the earth… on the right side. By my count, we have — maybe — two true liberals in the Senate: Feingold and Sanders. And Sanders isn’t even a Dem…

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