Santa Fe New Mexican

The depressing state of Congress

- Gordon Davis is a lawyer and college lecturer who recently retired to Santa Fe. He practiced environmen­tal law in New York and internatio­nally for 25 years, and for 18 years was an adjunct lecturer at Northweste­rn University and the University of Chicago.

For more than a century, major game-changing legislatio­n has triggered profound inflection points in America. One thinks of the Sherman Act of the 1890s, the Social Security Act and the National Labor Relations Act of the 1930s, the civil rights, voting rights and Medicare legislatio­n of the 1960s, and the Affordable Care Act of 2010. Though the Supreme Court has often lagged in its understand­ing of America and its needs, Congress has sometimes come through proudly.

With Joe Biden’s presidenti­al administra­tion came hope for a new inflection point that would bend Americans’ well-being upward. The Build Back Better bill that passed in the House of Representa­tives on a straight party-line vote addressed a number of pressing needs that included reducing child poverty, pre-K educationa­l support and programs to curtail climate change. But as it turned out, one unremarkab­le senator managed to kill the Build Back Better bill.

With an evenly divided Senate, Democrat Joe Manchin held the key to its enactment. Here was an opportunit­y for him to make a positive difference far exceeding his justifiabl­e influence, much like Sen. Sam Ervin’s heroic management of the Watergate commission in the ’70s or Sen. John McCain’s heroic vote against repeal of the Affordable Care Act in 2017. But after a year of stringing out his president and his Senate colleagues with evasive and contradict­ory positions, and after insisting on drastic reductions and modificati­ons in the bill, he announced he would not support it, effectivel­y snuffing the aspiration­s of his president, his political party, substantia­l majorities of Americans and, in all probabilit­y, his West Virginia constituen­cy.

One unremarkab­le man, who may not have even understood the momentous nature of his action, passed on the chance to be a hero.

This outcome is disturbing but not surprising. America’s democracy is much diminished. It consistent­ly fails to step up to the needs of the American people. Though substantia­l majorities of Americans favor gun control, a woman’s right to choose, voting rights protection and universal health care, to say nothing of the Build Back Better bill’s initiative­s, Congress simply cannot effectivel­y come to grips with these matters. Some commentato­rs blame the current climate of bitter partisansh­ip, others look back to the Constituti­on’s arrangemen­t of senators and representa­tives that favor rural areas and states with small population­s. Still others cite the Supreme Court’s demolition of election finance restrictio­ns, or state legislatur­es’ gerrymande­ring, or the Senate’s arcane rules.

My explanatio­n for our country’s democratic crisis is simpler. Over my lifetime of some 80 years, the character and capability of those Americans drawn to elective office have noticeably diminished. A background in entertainm­ent, wrestling or football is now deemed adequate preparatio­n for national elective office. The absence of any hint of legislativ­e purpose describes many of our current representa­tives and senators; legislatin­g seems a distractio­n from their partisan posturing.

Others view congressio­nal incumbency as a temporary way station between lucrative private sector positions. And of course, there are those willing to accommodat­e any lie to remain “relevant,” and are prepared to support insurrecti­on to curry favor with, or stay out of the crosshairs of, the “former guy.” All these characteri­stics are troublesom­e. But as evidenced by Manchin and his incomprehe­nsible behavior, it seems to me our current members of Congress are just not up to the task.

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