Democracy and Disagreement

by Will Wilkinson on January 3, 2010

If Ezra Klein’s ongoing anti-supermajoritarian jihad is purely strategic, then I think I understand it. It is probably the best Democrats can do rhetorically to try pin the blame on Republicans for lousy governance under a Democratic president with solidly Democratic Congressional majorities (filibuster-trumping, even!). But it doesn’t make much substantive sense. Here’s Ezra’s key passage:

Ever since Newt Gingrich partnered with Bob Dole to retake the Congress atop a successful strategy of relentless and effective obstructionism, Congress has been virtually incapable of doing anything difficult because the minority party will either block it or run against it, or both. And make no mistake: Congress will need to do hard things, and soon.

The coherence of Ezra’s whole piece turns on his confusing “anything difficult” with “anything strongly opposed by the minority.” The idea that the present Congress is “virtually” hamstrung is a transparent absurdity to anyone not a professional cheerleader for the legislative agenda of the Democratic Party. As Ross Douthat recently and rightly noted:

In the Obama era, meanwhile, the Senate has already voted to pass the most expensive stimulus package in history, a sweeping reorganization of the American health care system, and a host of more modest legislative initiatives. In this environment, there’s something a little strange about the stridency of liberal complaints about the filibuster, given what they’ve accomplished — and are on the cusp of accomplishing — even with it as an impediment.

I’d say there something more than a little strange about this stridency. It’s downright bizarre. It appears to be based almost entirely on a clearly false claim: that nothing “difficult” can get done with supermajoritarian Senate rules. The next step in the argument is equally outrageous: that the alleged ineffectuality of Congress puts the American people in the way of otherwise avoidable crises. Here’s Ezra again:

There is no doubt that minority parties generally profit in elections when the unemployment rate is high. But given that reality, what incentive do they have to help the majority party lower the unemployment rate? Further out, there is no doubt that the majority party has an incentive to prevent a fiscal crisis on its watch. But what incentive does the minority party have to sign on to the screamingly painful decisions that will avert crisis?

Suddenly Ezra is some kind of rational choice theorist of politics!

What incentive does the minority party have “to help the majority party lower the unemployment rate”? I may be mistaken, but I could swear that Ezra has portrayed Democratic support for health-care reform as grounded in a good-faith desire to secure social justice, reduce suffering, and save lives. Well, whatever that incentive is, that’s the one congressional Republicans have to help Democrats reduce unemployment and avoid fiscal disaster.

But it is not really surprising, is it, that Democrats and Republicans disagree about the policies that would best achieve these aims? Indeed, these differences help explain why the Democratic and Republican parties are different parties. If the Democrats tomorrow announced support for the kind of employment-stimulating and deficit-reduction policies generally favored by Republicans, we’d suddenly see once “difficult” legislation sailing through the Congress. But given the reality that the Democratic Party and its supporters think these are the wrong policies, what incentive does the majority party have to help the minority party lower the unemployment rate and sign on to painful decisions that will avert a fiscal crisis?

Ezra’s analysis reminded me of a passage in Jeremy Waldron’s Law and Disagreement:

The more dangerous temptation is not to pretend an opposing view does not exist, but to treat it as beneath notice in respectable deliberation by assuming it is ignorant or prejudiced or self-interested or based on insufficient contemplation of moral reality. Such an attitude embodies the idea that since truth in matters of justice, right, or policy is singular and consensus is its natural embodiment, some special explanation — some factor of deliberative pathology, such as the lingering taint of self-interest — is required to explain disagreement, which explanation can then be cited as a reason for putting the deviant view to one side.

When Lieberman effectively nixed the public option, Ezra suggested that callous indifference to mass death was at work. If supermajoritarian rules are bringing this kind of monstrous pathology into play, then by all means let’s get rid of them! But, as it is, those rules aren’t even capable of preventing the congressional majority from imposing massive unpopular institutional changes on a reluctant public. That Ezra sees these evidently manageable constraints on the majority party as a positive danger to the public interest suggests that he sees opposing views as unworthy of respect.

  • Sarah
    There's an interesting underlying idea here that I wish I understood better.

    Which ideas should be "treated as beneath notice"? I would argue that at least some should. You have the Constitutional right to be a flat-earther or a white supremacist, but you can be effectively excluded from certain communities. I don't want the New York Times publishing editorials by the Grand Dragon of the KKK. If an astronomer writes a research paper, she doesn't have to counter potential objections from geocentric believers.

    When we're talking about voluntary communities, there's a tension between the desire to keep an open forum for diverse views, and to avoid spending resources on the promotion of obviously false or immoral views. At a university, for example, I do want controversial speakers and professors, but I want them to have at least some legitimacy. Should Robert George be a tenured professor? Yes. Should a Holocaust denier? Not really. Should Ahmedinejad give a speech? I really don't know.

    If we treated no views as "beneath notice", we'd spend infinite time and energy accommodating and discussing every perspective, regardless of whether a consensus sees it as absurd or heinous. As individuals, all of us regard some views as "beneath notice" as a sort of shorthand; I can say "Stalinist" and most people will understand that I mean that pejoratively, and I don't have to constantly re-debate the pros and cons of Stalinism.

    I think that where we draw the line is probably socially contingent. After all, in the 1950's, it might have been reasonable to ask people to debate the pros and cons of Stalinism. At any given time, there's a sort of consensus of the well-informed. It includes a diversity of possible views, but not every possible view.

    At present, I think it's fairly obvious that the "consensus of the well-informed" includes some political conservatives. That's why it seems frankly nuts when someone like Ezra treats conservatives as if they're really as illegitimate as Klansmen or flat-earthers. But even I don't know where to draw the line sometimes -- does Glenn Beck belong in the consensus of the well-informed? Are his claims and arguments worth countering? This seems to be a very case-by-case thing.
  • Just wanted to say this is a good thoughtful post.
  • MichaelDrew
    Is the objectionableness of the idea described in the quoted passage (that the correct moral view of some policy questions can in some instances be rightly seen as utterly clear and unambiguous from an objective perspective) supposed to be utterly self-evident? Because I don't see word one even suggesting that that is how we should see it, much less any further verbiage actually making the case.
  • Paul Zrimsek
    I don't think it's necessarily disrespect for opposing opinions tout court, but every so often you get one of these issues where Democrats like Klein manage to convince themselves that getting their own way is not just a good thing, but an entitlement.
  • Paul Zrimsek
    A good example of this entitlement mentality at work from one of Megan McArdle's commenters, who seems as nonplussed by the idea of a loyal opposition actually opposing something as Mike is by the idea of a manageable constraint on the majority actually managing to constrain the majority.
  • Mike
    "That Ezra sees these evidently manageable constraints on the majority party as a positive danger to the public interest suggests that he sees opposing views as unworthy of respect."

    Manageable? To get to 60 votes on a compromised bill, Reid had to literally buy off Nelson and Landrieu and change the bill every time Lieberman woke up on the wrong side of the bed.

    It guess the fillibuster is manageable if the goal is mediocrity.
  • Point
    Following up a response to an Ezra post that overlooked a number of key points, here's one that completely ignores the example at the heart of the argument: the California fiscal crisis.

    But then again, it's not hard for something to sound "incoherent" if you're not listening to it.
  • pithlord
    California's fiscal crisis is an excellent example of too many veto points making it impossible to take measures necessary to avoid disaster.
  • Point
    I think that's Ezra's whole point -- and the the Senate filibuster poses a similar threat on a national scale.
  • Point
    Ezra did another post, and gives another point:

    "The obstruction won't mean health care doesn't get done. It will just mean it gets done worse."

    And understand, "worse" doesn't mean "not what democrats want"; it means "what nobody wants"; it means that the bill passed through these processes is different from the one passed through compromise in ways that nobody likes, least of all the side not participating.
  • I'm not sure criticisms like this are fair anymore, because I get the impression that Ezra isn't even trying to produce coherent analysis.

    His column seems to have become a Democratic Party fundraising letter; intended to rouse the party faithful more than to stimulate thought or understanding.

    Should we really expect a valid argument?

    I don't recall the Democrats getting onboard with the difficult task of addressing Social Security's impending issues, by joining with the governing majority to privatize a small part of Social Security.

    If Klein were thoughtful and honest, he'd realize that he's made an argument against all strong central power, because he now recognizes that politicians and parties do things that are in their own political interest, rather than the general interest, and that these things are often not aligned.

    But, he isn't.

    That being said, if Ezra has some feasible changes in mind that would facilitate genuinely productive hard choices, like reducing real (defense and non-defense) government spending, I'd be eager to hear them.











  • DMonteith
    Social security, which may or may not need extra funding in two or three decades, depending on overall economic performance, must be addressed now! Global warming, which may or may not involve various social/ecological disasters over the next few decades must not be addressed at all! Thoughtful and honest!
  • DMonteith
    But it is not really surprising, is it, that Democrats and Republicans disagree about the policies that would best achieve these aims?

    ""If we're able to stop Obama on this, it will be his Waterloo. It will break him." --Jim DeMint

    Yeah. That sure sounds like disagreement over the particulars of reaching common goals to me too. Only a cynic would think it's almost like the minority party sees opposing views as unworthy of respect.

    Are you trying to keep the baby David Broder from crying in his manger, or what?
  • Tim
    But of course, different (and from the liberal perspective, better) accomplishments would have been possible without a supermajority requirement. So pointing out what has been accomplished is a little bit off topic.

    The stridency comes from the perception that the goalposts have moved in recent years (or decades) as the filibuster has become SOP.
  • dnieporent
    No. Re-read the quote. Ezra didn't complain that liberals can't get every last thing they want; he complained that Congress was virtually incapable of getting *anything* difficult done.
  • y81
    "the perception that the goalposts have moved in recent years (or decades) as the filibuster has become SOP."

    It just hasn't been policy until now to attempt to pass far-reaching legislation on straight party lines. The 1964 Civil Rights Act, the Economic Recovery Tax Act, No Child Left Behind, Medicare Part D: all were passed with strong bipartisan support. The Bush White House, for example, negotiated with Ted Kennedy to produce a bill that he would support. The Obama White House did not reach out to Republicans to se what they would require (e.g., tort reform, availability of barebones catastrophic coverage policies, an end to restrictions on interstate sales of health insurance, limitations on the income tax exclusion for high cost policies, expansions of medical savings accounts, etc.) to support a health insurance reform package. If you refuse to negotiate, you encounter "obstructionism."
  • Point
    "The Obama White House did not reach out to Republicans to se what they would require... to support a health insurance reform package."

    Huh? As I recall, they had a number of the opposition over to talk it over; Baucus even held up the process for several months to talk over the bill with the gang of six -- initially, the gang of seven, including Sen.'s Enzi, Grassley, and Hatch, who gave no good faith negotiation, and Sen Snowe, who voted for the bill in committee, then voted to fillibuster a fundamentally similar bill on the Senate floor, on the grounds that it was moving too "quickly".
  • y81
    No, no, no. Trying to pick up a few liberal Republican supporters is not bipartisanship. That isn't what Bush did with NCLB; he went to the Democratic leaders (e.g., Teddy Kennedy), not to a handful of Blue Dogs. That's why the bill passed something like 76-24 (you could look it up). And if you go back to 1964, I believe that the percentage of Republicans voting for the Civil Rights Act was actually higher than the percentage of Democrats (you could look that up, too).

    Admittedly, Clinton passed his first budget on pure partisan lines. That sort of ties in with what Ezra Klein exemplifies, that liberal Democrats regard their political opponents as inhuman monsters, refuse to negotiate with them, and then accuse them of obstructionism. I don't recall a single Reagan, Bush 1 or Bush 2 measure that was passed on pure party lines, though I may be forgetting something.
  • DMonteith
    Hmmm. What could possibly have happened to the ideological composition of the two parties over the last 46 years that explains how two reasonable minorities, of differing partisan label, were at different times able to make deals to advance collective well-being with presidents from the opposite party? Maybe someone who's extra super smart can help us out here.
  • y81
    NCLB was passed in 2001, which kind of undercuts your point.

    Slightly tangential, but I find it passing strange that the people who insist that only the criminal folly of the Bush regime prevented successful negotiation with the governments of Iran and North Korea are the same people who insist that you can't negotiate with Republicans: those hate-filled murderous monsters don't negotiate in good faith and there's no point in even trying to compromise.
  • DMonteith
    Wow, the democratic majority drafted NCLB, put it through the committee process, debated it and amended it on the floor, and held the final vote in just 8 days? You're right, that does totally undermine my point.

    Yes, your straw men are tangential.
  • DMonteith
    Ah yes, that's true. NCLB passed 8 days after Jeffords' party switch went into effect. It's so easy to forget how that large, complex legislation was written, went through the committee process, was debated on the floor, was amended and was passed in just over a week under the auspices of the democratic majority. Touche. Thank goodness no one needs to think about that whole "changing ideological composition of the two parties" crap now.

    And yes, that other stuff is tangential. Why don't people negotiating with a car salesman just pinch him, grab the keys, and run away yelling "Nyah, nyah!"? After all, it worked with your little sister. Or are you not suggesting that we filibuster Iran and North Korea? May I recommend Shredded Wheat for breakfast? It's also high in fiber and even though it's kinda bland I'm sure it tastes better than those straw men you're devouring.
  • Point
    "Trying to pick up a few liberal Republican supporters is not bipartisanship."

    Wait, Sen. Grassley, Sen. Enzi, and Sen. Hatch are liberal Republicans?
  • "That Ezra sees these evidently manageable constraints on the majority party as a positive danger to the public interest suggests that he sees opposing views as unworthy of respect."

    Mirabile dictu - some opposing views are unworthy of respect. Who could disagree with that? (!)
  • lhhunt
    The Waldron quote is about the temptation to see views as unworthy just because they are in opposition to the majority. That such views can be wrong on other grounds is obvious.
blog comments powered by Disqus

Previous post:

Next post: