Tag Archives: 115th Congress

Representative Government?

Not that popular polling is always the best way to govern, but the current capacity of the Republican controlled federal government to ignore public opinion is amazing.  For example, the Republican tax plan has a 26% approval rating [PR] 91% of Democrats, and perhaps more importantly, 61% of independent voters disapprove of the plan.  66% of Republicans approve of the plan, but we have to remember 37% of the American public identifies with the GOP. [HP]

While we’re remembering the horror at the Sandy Hook Elementary School five years ago (and not forgetting the massacre at the Las Vegas music concert) we know that 32% of Republicans, 83% of Democrats, and 62% of independents support stronger guns laws in this country. Overall support for stricter control of firearms stands at 60%. [PR]

The FCC decision to eliminate the net neutrality rules, some of which go back to the less than golden age of dial up, isn’t popular either.  Polling found that 83% of registered voters disliked the idea, 75% of whom were Republican and 89% of Democrats.  86% of registered voters who were independent didn’t like the idea either.   However, the FCC marched on with a 17% approval rating for its new “light touch” policy.

It seems that whenever the President* starts feeling the heat from Congressional, popular, or media sources he retreats to his anti-immigration rhetoric.  The Wall seems either literally or metaphorically important to him, but it isn’t all that much in the eyes of the nation he’s supposed to be leading.  36% of registered voters support The Wall, while 62% oppose it. [PR]   Voters were given three choices about Dreamers, stay and apply for citizenship, stay but not as citizens, or leave the country.  The December Marist poll found 58% supporting the stay/citizenship option, 23% supported stay but not as citizens, and only 15% supported deportation.   As of the week of December 6th the Quinnipiac Poll found 77% supporting the stay/citizenship application option, 7% supported the stay with no citizenship option, and only 12% supporting the deportation option.

It’s been a while since we’ve seen polling about Vladimir Putin, the other half of the Trump-Putin bromance.  There was some polling done last Summer which might be instructive.  Last July only 15% of Americans had a positive feeling about Putin, and as of late June 2017 approximately 50% of Americans felt the President* was too friendly with the Russian leader. [PR]

A person might think that a leader who isn’t stone deaf to public sentiment or stonewalling to protect his self image might want to consider how best to reach toward a broader audience, and to cultivate something more than a 32% approval rating.  Apparently that consideration isn’t getting much traction in the current White House.

Nor does it seem like the first session of the 115th Congress is paying much attention either.  In fact, it looks like the GOP is doing the drafting of the Democratic Platform for 2018 — Net Neutrality, DACA, common sense gun regulation, immigration reform, and real tax reform for working Americans.  The 32% President and his 37% party are perhaps doing the best they can to elevate the Democratic Party in the mid term elections?

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Filed under Gun Issues, Immigration, Net Neutrality, Politics, Taxation

Rep. Amodei’s Wonderful Record: January De-Regulation Edition

Representative Mark Amodei’s (R-NV2) record in the 115th Congress is as dubious as the institution itself.  For a group touting their “accomplishments” the actual record doesn’t quite hit that level.  Post Office namings, and other minutiae are not included in this list.

Roll Call 8, January 4, 2017:  Midnight Rules Relief Act — “This bill amends the Congressional Review Act to allow Congress to consider a joint resolution to disapprove multiple regulations that federal agencies have submitted for congressional review within the last 60 legislative days of a session of Congress during the final year of a President’s term. Congress may disapprove a group of such regulations together (i.e., “en bloc”) instead of the current procedure of considering only one regulation at a time.” Representative Amodei voted in favor of this bill (238-184).   But, wait, there’s more:

“According to the CRA, resolutions of disapproval not only nullify the regulation in question; they also prohibit a federal agency from issuing any other regulation that is “substantially the same” in the future, unless specifically authorized to do so by a future act of Congress. As a result, these mass-disapproval resolutions would permanently block agencies from addressing threats to public health and safety.”  (emphasis added)

Those who believe that things like corporate accountability, safe working conditions, clean air, and clean drinking water are important wouldn’t find this very appealing.  However, that didn’t stop Rep. Mark Amodei from supporting this bill, which was essentially a solution in search of a problem.

Roll Call 23, January 5, 2017:  “Regulations from the Executive in Need of Scrutiny Act of 2017”  Representative Amodei voted in favor of this bill.  “(Sec. 3) The bill revises provisions relating to congressional review of agency rulemaking to require federal agencies promulgating rules to: (1) identify and repeal or amend existing rules to completely offset any annual costs of new rules to the U.S. economy.” [Cong]  This is vague to the point of ridiculousness.  There are several ways to do a cost analysis, and we can bet that the GOP has in mind only the most stringent, even if there is an obvious benefit to public health, safety, or general well being.  Frankly, there are some rules we have put in place which are expensive in terms of commercial and industrial calculations, but necessary in terms of public health and safety — we do not allow, for example, the unlimited release of arsenic into supplies of drinking water.   It’s hard to imagine this as a “major piece of legislation” without considering the potential hazards it creates for local governments and citizens who have to live with the pollution, work rules, and other regulations which place them at risk.

Roll Call 45, January 11, 2017: “(Sec. 103) This bill revises federal rulemaking procedures under the Administrative Procedure Act (APA) to require a federal agency to make all preliminary and final factual determinations based on evidence and to consider: (1) the legal authority under which a rule may be proposed; (2) the specific nature and significance of the problem the agency may address with a rule; (3) whether existing rules have created or contributed to the problem the agency may address with a rule and whether such rules may be amended or rescinded; (4) any reasonable alternatives for a new rule; and (5) the potential costs and benefits associated with potential alternative rules, including impacts on low-income populations.”  Here we go again!  Yet another way to tie the hands of executive branch departments and agencies, and a GOP tenet for some time now.  Remember, the rules don’t have to be in one category (for example, environmental regulation) they can also cover such things as SEC rules and regulations, banking, and other financial regulations.   Representative Amodei, voted in favor of this bill and perhaps needs to explain if he meant this to handcuff the financial regulators who are responsible for seeing that Wall Street doesn’t replicate its performance in the run up to the Housing Crash of 2007-2008.

Roll Call 51, January 12, 2017:  SEC Regulatory Accountability Act, and yet another House attempt to slap a “cost-benefit” analysis on SEC regulations on financial market transactions.  Representative Amodei voted in favor of this bill.    There were objections to this bill at the time, and this is one of the more cogent:

“The most prominent new requirement would mandate that the SEC identify every “available alternative” to a proposed regulation or agency action and quantitatively measure the costs and benefits of each such alternative prior to taking action.  Since there are always numerous possible alternatives to any course of action, this requirement alone could force the agency to complete dozens of additional analyses before passing a rule or guidance. Placing this mandate in statute will also provide near-infinite opportunities for Wall Street lawsuits aimed at halting or reversing SEC actions, and would be a gift to litigators who work on such anti-government lawsuits. No matter how much effort the SEC devotes to justifying its actions, the question of whether the agency has identified all possible alternatives to a chosen action, and has properly measured the costs and benefits of each such alternative, will always remain open to debate.”

Speaking of a “Lawyers Full Employment Bill,” this is it.  Imagine voting in favor of allowing an infinite and interminable number of lawsuits demanding that the SEC consider ALL available options before promulgating a rule.  That didn’t stop Representative Amodei from voting in favor of it.

If you’re seeing a pattern, you’re right.  “De-regulation” has been a Republican talking point for the last 40 years.  However, while the term sounds positive when it’s generalized the devil, as they say, is in the details.  The January flood of deregulation bills in the 115th Congress wasn’t designed to tamp regulations on ordinary citizens, but on the corporations (especially in terms of environmental issues) and Wall Street players who want more “flexibility” in their transactions.

What the Republicans have yet to provide are instances of jobs lost because of environmental regulations.  Since this evidence is scarce, the next ploy is to argue that the costs outweigh the benefits.  By emphasizing the short term monetary costs the GOP minimizes the importance of long term economic or environmental costs, and the impact deregulation has on residents in our states and communities.

We can point to jobs lost after financial deregulation — Nevada was one of the poster children for financial sector deregulation impact.  Eight months later, Representative Amodei has yet to offer more than the usual highly generalized platitudes about the significance of the deregulation fervor during the first month of the 115th Congress.

We’ll be taking a look at some other “important” votes taken by our 115th Congress.  In the mean time, it’s depressing but productive to watch what this current Mis-administration is doing in regard to North Korea, Iran, women’s issues, common sense gun control legislation, and the various and sundry scams and grifts associated with the Cabinet.

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Filed under Amodei, Economy, financial regulation, Nevada politics, Politics

The Russians Are Already Here: Contrasts and Comparisons

A peek at the past — Most people know that Japanese forces attacked the US Naval Base at Pearl Harbor, Hawaii on December 7, 1941.  The US entered World War II immediately.  President Franklin Roosevelt delivered his famous “Day of Infamy” speech to Congress on December 8th.  While most Americans recognize the first lines of the speech, it’s time to remind ourselves of Roosevelt’s remarks later in his brief address:

“No matter how long it may take us to overcome this premeditated invasion, the American people in their righteous might will win through to absolute victory.

I believe I interpret the will of the Congress and of the people when I assert that we will not only defend ourselves to the uttermost, but will make very certain that this form of treachery shall never endanger us again.

Hostilities exist. There is no blinking at the fact that that our people, our territory and our interests are in grave danger.”

At the end of the war in 1945 there wasn’t much public appetite for additional war investigations, but Congress did act.  A resolution adopted on September 6, 1945 called for the formation of a joint committee on the Investigation of the Pearl Harbor Attack.  One of the results of the investigations and other efforts was the passage of the National Security Act of 1947, which among other things consolidated the military into the Department of Defense and established the Central Intelligence Agency.   In other words, after an attack on the US, we were capable of thorough investigations, even when public sentiment was divided on the results, identifying problems, and legislating proposed solutions.

On September 11, 2001 radical terrorists attacked targets in New York City, Washington, DC, and attempted a third attack thwarted by passengers.  The 9/11 Commission was established by PL 107-306 on November 2002.  The commission was independent, bipartisan, and directed to publish a full and complete account, and mandated to make recommendations to prevent future similar attacks on the US and its citizens.

These are two of the most commonly cited examples of US responses to attacks on the United States as people try to evaluate current attacks on our country and our responses to those assaults.  While these are useful markers, and excellent examples of our capacity for both action and self-reflection, they aren’t precisely analogous to present Russian attacks on American institutions. To repeat the obvious, the two major previous attacks were physical and highly visible. They were both ‘mechanical’ in the sense that the main elements of the attacks were either weapons or weaponized aircraft.

Notes about the present — By contrast, the Russian assault on US (and other western nations) is better seen as an extension of the Cold War between the US and the former USSR.  Any investigation of Russian activities must, of necessity, be broader than the more focused investigations of December 7th and September 11th.  It must also take into consideration the weaponized use of non-mechanical forms of assault.  It challenges our ability to reflect on the nature, extent, strategy, and tactics of the current attacks.

We have not responded all that well to this assault.   For one thing, the weapons used relied on our own strengths.  We have an open and engaged environment with constitutionally protected freedoms of speech and press.  This very environment was used to foment discord, and disinformation — and that was the point.

In January 2017 the US intelligence services released a public summary of their findings concerning Russian interference in the 2016 elections.  Two of those findings should be especially concerning:

“In unequivocal language, the report pins responsibility for the election attack directly on President Vladimir V. Putin of Russia, ruling out the possibility that it was ordered by intelligence officials or simply carried out by Kremlin supporters.

 United States officials believe Mr. Putin wants to damage the image of American democracy to make it less attractive to Russians and their neighbors.”

In light of these remarkable conclusions, the US response has been equally remarkably tepid, partisan, and confused.

First, the current investigations of the matter are fragmented.  Instead of following the precedent of an independent commission (such as the 9/11 commission)  or even a bipartisan investigative panel (such as the Pearl Harbor committee) the Congress established a special counsel to investigate possible violations of US statutes, and relied on standard (and partisan) congressional committees to conduct a wider range of inquiries into the wider aspects of the Russian attacks.

Secondly, the partisan nature of the Congress has interfered with the efficient and efficacious collection of evidence and testimony in regard to the nature and scope of the Russian assault on our democracy.   Perhaps no committee has been such a signal example of what partisanship can do to an important investigation as the House Intelligence Committee.  The Senate Judiciary Committee’s efforts directed by Senator Charles Grassley (R-IA) are questionable:

“Grassley’s role in the congressional probes into Russian meddling in the 2016 election has perplexed and concerned members of his own party, Republican staffers on the committee told The Daily Beast.

The probe appears to have already missed one of its own deadlines. And rather than publicly needling potential Russian meddlers, Grassley has primarily used his bully pulpit to rip an opposition-research firm and the FBI.”

In short, Senator Grassley seems at present to be more concerned with casting doubt on a specific dossier and its origins than on conducting an independent investigation.   A reasonable person could easily conclude that the current Congress has failed to create an atmosphere in which the conclusions of its various panels will be accepted as credible by the general public.  Of all the failures of the 115th Congress, this may well be the one with the most lasting deleterious effect.

The Russians are here, and the 115th Congress has neither demonstrated its interest in focusing on specific problems and solutions as the Congress in 1945 after the attack on Pearl Harbor, nor the interest in exploring the nature, scope, and specifics of the attacks of September 11th.   Perhaps this is an example of the greatest danger posed by Putin’s assault on democratic institutions?

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Filed under Homeland Security, Nevada politics, Politics, public safety