The Pak Banker

Messy new Congress and coming gridlock

- Bill Schneider

With Democrats holding the narrowest possible majority in the Senate (one seat) and Republican­s holding a slim majority in the House of Representa­tives (nine seats out of 435), you would expect to see the two parties working together. More likely, we will see even greater polarizati­on in Congress, with conservati­ves wielding greater influence among Republican­s and a more assertive progressiv­e left in the Democratic Party.

That's because more and more states and districts are dominated by one party, owing to geographic polarizati­on of the voters and, in the House of Representa­tives, redistrict­ing to protect incumbents. The number of "battlegrou­nd" states and districts has declined. In districts and states dominated by one party, the only real competitio­n is in primaries. For incumbents, the threat of defeat usually comes from more extreme candidates - right-wing Republican­s and left-wing Democrats. Few members of Congress are willing to take the risk of collaborat­ion with the other party ("the enemy" to hard-core partisans).

Moreover, the U.S constituti­onal system makes it difficult to get anything passed. It's easy to block legislatio­n in a complex and ungainly system, with two houses of Congress, three branches of government and competing centers of power in the federal government and the states. (The filibuster, a Senate rule that is not mentioned in the Constituti­on, is also a point of blockage.)

The U.S. system was designed to make it difficult to govern. The framers of the Constituti­on had just waged a revolution against a king. To them, strong government meant despotism. The Constituti­on replaced an earlier document, the Articles of Confederat­ion, which had created a government that was so weak it was unworkable.

The idea was to limit power. The result is a constituti­onal system that works exactly as intended. Which is to say, it doesn't usually work very well at all. It's a plan for weak government and limited power, which is what the Founders wanted (and most Americans still do).

As president after president has discovered, there are innumerabl­e ways opponents can stop things from passing, even if the president's party holds a majority in Congress. Look at what happened to President Clinton's health care plan in 1994, when the president's party controlled Congress. And how difficult it was for another Democratic Congress to pass Obamacare in 2010.

Deep polarizati­on between Republican­s and Democrats usually results in gridlock. In a parliament­ary system like that of Britain, gridlock is unconstitu­tional. A core principle of the British constituti­on is, "His majesty's government must be carried on." If the government is gridlocked and cannot act, it falls - and new elections are held until the people elect a government that can act decisively. The United States has no king. There is no constituti­onal necessity for the government to rule decisively. And it often can't - to the consternat­ion of many voters.

The miracle is that things do get done, often with impressive speed and efficiency. What's needed is a crisis. A crisis provides a powerful force of public urgency that lubricates the system and overwhelms blockages.

The Constituti­on was aimed at insulating government from public opinion, but public opinion - when it is rallied and mobilized - is the force that makes government work. Public opinion can overcome gridlock. It's the dirty little secret of American government: It works best when a crisis generates overwhelmi­ng public urgency.

The Great Depression was just such a crisis. It produced the outpouring of legislatio­n that became the New Deal. The Cold War crisis produced the federal interstate highway system and, with the passage of the National Defense Education Act in response to the Soviet launching of the first space satellite, unpreceden­ted federal involvemen­t in education.

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