Here’s the roll call for Boehner’s stupid bill to do a bunch of radical things in exchange for extending the payroll tax holiday and unemployment insurance benefits. Ten Democrats, most of them reliably terrible, voted for this monstrosity. Fourteen Republicans voted against it, most, if not all, because it wasn’t radical enough. The Speaker wanted 240 Republican votes, but got only 224.
Members approved the bill in a 234-193 vote in which 224 Republicans supported it — short of House Speaker John Boehner’s (R-Ohio) goal of getting 240 GOP votes, which he said would give the House a “strong hand” in negotiations with Senate Democrats.
The White House didn’t wait long to issue their response:
Statement by the Press Secretary on Tonight’s House Vote on the GOP Payroll Tax Cut Plan
This Congress needs to do its job and stop the tax hike that’s scheduled to affect 160 million Americans in 18 days. This is not a time for Washington Republicans to score political points against the President. It’s not a time to refight old ideological battles. And it’s not a time to break last summer’s bipartisan agreement and hurt the middle class by cutting things like education, clean energy, and veterans’ programs without asking the wealthiest Americans to pay their fair share.
This is a time to help the middle class and all those trying to reach it by extending a tax cut worth $1,000 for the average family. The President has been very clear: Congress should not finish their business before finishing the business of the American people. They cannot go on vacation before agreeing to prevent a tax hike on 160 million Americans and extending unemployment insurance. That is simply inexcusable in this economy. It is our expectation that in the eleventh hour Congressional Republicans and Democrats will come to an agreement to protect the middle class and finish their budget work for the year.
As far as the White House is concerned, it’s like the House didn’t pass anything at all. They didn’t even react to the stupid Keystone XL gambit. Boehner went to a lot of effort to pass this stupid bill in the hope that he would gain some leverage, but he fell far short of his goal and he now has even less time to wrap his business.
The vote sets up the prospect of negotiations with the White House and Senate over how to deal with the bill, as the Senate is not expected to approve it. The House all year has moved to pass critical legislation in order to boost its chances of success in negations with Democrats in the Senate and the White House, and appeared to be following that game plan with today’s vote.
Harry Reid slowed down the negotiations over the separate appropriations omnibus bill, preventing Boehner from passing his version of it and then just splitting town and forcing the Senate to take it or leave it.
As for forcing Congress to spend Christmas in Washington, Article II, Section III of the Constitution says this (emphasis mine):
Section 3 – State of the Union, Convening Congress
He [the president] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
There’s a whole lot of dysfunction on display in the Capitol. And not much holiday cheer.
So in other words, he can tell them to go cool off for a week and do recess appointments. Or even adjourn them till like the day after Christmas, if he wants.
I admit that the language doesn’t fit the circumstance precisely, but if Reid and Boehner disagree about adjournment, the president has the power to settle the matter. So, for example, if Harry Reid doesn’t want to adjourn, the president can presumably take his side in the matter.
I thought the House GOP has been running some kind of procedural thing keeping the House technically in session over breaks so that the President can’t do recess appointments. Is that just totally wrong?
No. It’s not wrong. If the president were to force the adjournment of Congress for the sole purpose of making recess appointments, it would be unprecedented, and not a very good precedent. It’s justified at this point because of the CFPB nominee, who is being held up on nullification grounds. But it isn’t something to be done lightly.
Another option for Obama is making recess appointments the next time the House and Senate take a day off (even if it’s a holiday).
That would probably work best as a stealth strategy—no hints that it’s coming. (The old “possession is 9/10 of the law” strategy.)
Appears Boehner has nothing to negotiate with. I would send them home to their constituents.
Here’s where President Obama’s “Rope-a-Dope”/counterpuncher approach to politics may be helpful.
Given:
-Congress’ record-low approval ratings in public opinion surveys;
-how Congressional Republicans have behaved all year;
-how Obama has, and is perceived by most of the public to have, consistently and persistently attempted to negotiate compromises with Republicans;
-how Congressional Republicans have consistently and persistently refused to negotiate compromises with Obama;
Obama could call Congress into session later this month to increase pressure on Republicans to compromise or concede on 1) payroll tax cuts, 2) unemployment benefits, or 3) both.
He could then adjourn them (if the House refuses to adjourn) and then make a slew of appointments.
If he uses either or both of these tactics, my guess is that he’d have general public support because he would be “getting things done”. (Not to mention “getting things done that are popular with the public”.)
When even temperamentally cautious political scientists like Jonathan Bernstein and writers like James Fallows are at the point of supporting changes to the filibuster, the Republicans may have pushed too far (punched themselves out, to continue the boxing metaphor), and may find themselves down on the mat—despite having landed more punches and won most of the rounds in the fight. (E.g., http://www.youtube.com/watch?v=AY3yIIxXvy4 )
Indiana sinks one more notch lower with Donnelly’s GOP friendly vote – and he wants to be a senator. Well, seems he has a precedent in Evan Bayh’s behavior. At least we have Andre, the lone progressive, to cancel Donnelly’s vote for now.
Andre Carson