Tag Archives: US congress

Ten reasons why the Iran sanctions Senate bill is policy malpractice

Iran nuclear talks: Kerry and Zarif meet at the UN

Iran is quickly moving to the front of the ever-shifting foreign policy agenda in Washington at the end of this week, with 59 members of the US Senate, including 15 Democratic senators and the Democratic chairman of the Senate Foreign Relations Committee, senator Bob Menendez of New Jersey, supporting the Nuclear Weapon Free Iran Act of 2013.Iran Flag IconUSflag

The bill would impose additional sanctions on the Islamic Republic of Iran in the event that the current round of talks fail between Iran and the ‘P5+1,’ the permanent five members of the United Nations Security Council (the United States, the United Kingdom, France, China and Russia), plus Germany.  US president Barack Obama met with the entire Democratic caucus in the US Senate Wednesday night to implore his party’s senators not to support the bill.  Senate majority leader Harry Reid opposes the bill, and he hasn’t scheduled a vote for the new Iran sanctions — and even some of its supporters may be backing off as the temporary six-month deal proceeds.

But with 59 co-sponsors, the bill is just one vote shy of passing the Senate, and it would almost certainly pass in the US House of Representatives, where the Republican Party holds a majority.  In the event that the Congress passes a bill, Obama could veto it, but the Senate is already precariously close to the two-thirds majority it would need to override Obama’s veto.

The Obama administration argues that the bill is nothing short of warmongering, while the bill’s supporters argue that the sanctions will reinforce the Obama administration’s hand in negotiations.  Javad Zarif, Iran’s foreign minister (pictured above with US secretary of state John Kerry), has warned that the bill would destroy any chances of reaching a permanent deal, and it’s hard to blame him.  Under the current deal, reached in November, the P5+1 agreed to lift up to $8 billion in economic sanctions in exchange for Iran’s decision to freeze its nuclear program for six months while the parties work through a longer-term deal.  The deal further provides that Iran will dilute its 20% enriched uranium down to just 5% enriched uranium, and the P5+1 have agreed to release a portion of Iran’s frozen assets abroad and partially unblock Iran’s oil exports.

So what should you make of the decision of 59 US senators to hold up a negotiation process that not only the Obama administration supports, but counts the support of its British, German and French allies?

Not much.

And here are ten reasons why the bill represents nothing short of policy malpractice.   Continue reading Ten reasons why the Iran sanctions Senate bill is policy malpractice

Why Menendez is such an awful Senate Foreign Relations Committee chair

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Was Jesse Helms a better chair of the Senate Foreign Relations Committee than Bob Menendez?  USflag

Menendez, who took over the committee earlier this year when former senator John Kerry was appointed as US secretary of state, is making headlines this week for a bill that would largely derail a still delicate US-Iranian rapprochement.  He introduced a Senate bill yesterday that, if enacted, would mark a serious setback in the nuclear negotiations between the United States (and the other members of the ‘P5 + 1’ team that includes the five permanent members of the United Nations Security Council, plus Germany) and Iran.  The bill would institute a new round of punitive economic sanctions on Iran on the heels of a six-month deal between negotiators and the administration of Iran’s new moderate president Hassan Rowhani that all parties hope could lead to a more permanent accord.  On Thursday, ten Democratic committee chairs sent a letter to Senate majority leader Harry Reid in opposition to Menendez’s bill, and the White House has warned Menendez that his legislative efforts aren’t helping negotiations.

Though Menendez’s bill, co-sponsored with Republican senator Mark Kirk of Illinois, is called the ‘Nuclear Weapon Free Iran Act,’ there’s no firm evidence that Iran even wants to build a nuclear weapon, though plenty of US policymakers suspect that Iran has secret designs on building one.  Rowhani and his foreign minister Javad Zarif have disclaimed interest in nuclear weapons, and Iran’s supreme leader Ali Khamenei has argued that nuclear weapons are a violation of Islamic law.

The bill would introduce new sanctions if Iran violates the terms of the current agreement or fails to come to a permanent agreement with the ‘P5 + 1’ team.  In essence, it would put an economic sanctions gun to Iran’s head — the bill demonstrates no respect for a process of negotiation between two sovereign states.  It seems more designed to score low-hanging political points for conservative Democrats than to engage seriously on finding a mutually acceptable path for Iran’s energy program that also makes the Middle East more stable.  Menendez, a longtime ally of the American Israel Public Affairs Committee (AIPAC), is siding with Israeli prime minister Benjamin Netanyahu, who has attempted to derail the Iran deal at every turn.

As James Traub wrote in Foreign Policy earlier this week:

 The reason why Menendez and others really are marching on a path to war is that they are demanding an outcome which Iran manifestly will not accept: zero enrichment. As Daryl Kimball, director of the Arms Control Association, puts it, “This is a strategy based upon hope that is not supported by the evidence of Iranian actions over the past decade, its past statements, or common sense.”….

I have no idea why Menendez and other Democrats believe that more pressure will make Iran abandon a core tenet of the revolution and thus undermine their claim to rule. (I asked for an interview, but the New Jersey senator was not available.) Maybe they believe it because [Netanyahu] has made zero enrichment his own bottom line.

So who is Menendez, and how did he rise to become the preeminent foreign policy official in the legislative branch of US government?

Menendez is the son of Cuban immigrants who came to the United States in 1953 for economic opportunity (not, as you might believe, to flee Fidel Castro, who was in 1953 still six years away from overthrowing the US-supported dictatorship of Fulgencio Batista).  Menendez spent his childhood in New Jersey and rose to political prominence in the Democratic machine politics of Union City, which was once known as ’10 Percent City,’ and not because its residents were tithing Christians.  Initially a protégé of Union City mayor and New Jersey political powerbroker William Musto, Menendez broke with his mentor only after Musto’s indictment for skimming.  Though Musto was ultimately convicted and served five years in prison, he still managed to defeat Menendez when the future senator challenged him for the mayorship in 1982.  But Menendez eventually won the office in 1986, then became a member of the New Jersey State Assembly, the New Jersey State Senate and in 1993, a member of the US House of Representatives.

For nearly as long as he’s chaired the Senate Foreign Relations Committee, Menendez has been under investigation by a Florida grand jury in connection with potential misconduct with respect to one of Menendez’s top donors, Salomen Melgen, a Miami eye surgeon who moved to Florida from the Dominican Republic in 1980.  Though the nastiest rumors about Melgen and Menendez cavorting with underage prostitutes were probably false, Menendez admitted to violating Senate ethics rules when he forgot to reimburse Melgen for two private jet flights to the Dominican Republic in 2010.  Other accusations are less salacious but potentially illegal — Menendez is accused of intervening on Melgen’s behalf in respect of a billing dispute between Melgen and the federal government’s Medicare offices and in favor of a port security contract in the Dominican Republic that would have benefitted Melgen financially.  

The grand jury hasn’t issued any charges against Menendez, and prosecutors may ultimately choose to drop the matter, but it’s not best practices for the Senate’s top foreign policy voice to be implicated in an abuse of power scandal that involves, in part, international contracts.

The Iran bill follows Menendez’s push earlier this autumn to goad US president Barack Obama into a more hawkish position on Syria that would have seen US military attack on Bashar al-Assad.  Menendez actually made the following analogy in his push to win support for an attack earlier this year: Continue reading Why Menendez is such an awful Senate Foreign Relations Committee chair

Amid debt ceiling showdown, China sharply calls for a ‘de-Americanized’ world

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In case you missed it over the weekend, China’s state-run newspaper Xinhua printed an extraordinary editorial calling for a turn to a ‘de-Americanized’ world that appears to have had the support of the top leadership within the world’s most populous country:China Flag IconUSflag

As U.S. politicians of both political parties are still shuffling back and forth between the White House and the Capitol Hill without striking a viable deal to bring normality to the body politic they brag about, it is perhaps a good time for the befuddled world to start considering building a de-Americanized world….

The tone only sharpens as the editoral blames the United States for torturing prisoners and killing civilians in drone attacks before fully condemning the era of ‘pax Americana‘:

Moreover, instead of honoring its duties as a responsible leading power, a self-serving Washington has abused its superpower status and introduced even more chaos into the world by shifting financial risks overseas…

Most recently, the cyclical stagnation in Washington for a viable bipartisan solution over a federal budget and an approval for raising debt ceiling has again left many nations’ tremendous dollar assets in jeopardy and the international community highly agonized.

Elements of the editorial are somewhat biased — a self-serving ding against Washington for ‘instigating regional tensions amid territorial disputes’ is more reminiscent of Chinese bluster and blunder on relations with Taiwan, Hong Kong and Tibet, as well as the recent territorial dispute with Japan over the Senkaku/Diaoyu Islands.  But if, as is almost certainly the case, the editorial has the backing of top Chinese leadership, it will be the strongest call to date for a move to a ‘de-Americanized’ world.

It’s important to keep in mind that, for all the defeatist talk that China has eclipsed the United States, the US economy remains roughly twice the size of the Chinese economy:

GDP

Furthermore, for all of the talk that the United States is becoming ever-more indebted to the Chinese, it’s also important to keep in mind that of the $16.7 trillion or so in outstanding US debt issuance, around $4.7 trillion amounts to intergovernmental holdings (e.g., amounts held by the US Federal Reserve).  Another significant chunk of that debt is held by state and local pension funds, the Social Security Trust Fund.  In fact, as of July 2013, foreign governments held just $5.59 trillion of the debt, and China held just $1.277 trillion of it, while Japan held nearly as much with $1.135 trillion.  Here’s a closer look at the breakdown of the foreign holders of US debt:

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In all the loose talk about China’s rise, it’s easy to lose track of those two items — China holds just over 7.6% of all US debt and its economy is just 52.5% the size of the US economy.

So while China isn’t today in a position to issue edicts about the de-Americanization of the world economy, its views are becoming increasingly influential, especially as it takes a greater investment role within the world from Latin America to Africa.  Its call for developing and emerging market economies to play a greater role in international financial institutions like the World Bank and the International Monetary Fund mean that the days of an always-American World Bank president and an always-European IMF managing director are numbered.

Even in the worst-case scenario in which the US Congress’s failure to lift the debt ceiling leads to another Lehman-style panic, China can’t do much immediately to bring about a de-Americanized world.  But, like Humphrey Bogart’s warning to Ingrid Bergman in Casablanca, the threat will come ‘maybe not today, maybe not tomorrow, but soon — and for the rest of your life.’

So when China makes noise about a de-Americanized world, it essentially means two things: a world where US debt is no longer perceived as the world’s safest investment and the US dollar is no longer the world’s reserve currency.  I’ll take a look at each in turn, but first, it’s worth making sure we’re all on the same page as to the basics of the debt ceiling standoff itself.

The debt ceiling crisis

US treasury secretary Jack Lew has pinpointed October 17 as the day that the United States will be truly jeopardized by its failure to raise the debt ceiling (currently at $16.7 trillion).

With about 24 hours to go until the world hits that deadline, the Republican Party, which controls a majority of the votes in the US House of Representatives, are nowhere near approving a bill that, with or without conditions, would raise the debt ceiling for even a short period of time, and the US Senate, which is controlled by the Democratic Party, will spend Wednesday taking the lead on a last-ditch effort at negotiations between Senate majority leader Harry Reid and Senate minority leader Mitch McConnell.

It’s reassuring to know that Moody’s isn’t quite as pessimistic about the October 17 deadline — in a memo from earlier this month, Moody’s experts argued that the US government could quite possibly hobble along, quite possibly until November 1, when a slew of entitlement spending means that the US government will be unlikely to meet its obligations on time.  The US government will certainly prioritize interest payments on US debt and meet its other obligations on the basis of incoming revenues.  But the clock’s ticking, and while Wall Street and global markets seem nonplussed about the shutdown and even about the October 17 debt ceiling deadline, there’s no way to know when that could change.

Market sentiment is a tricky thing to forecast — recall the speed in 2008 with which former US treasury secretary Hank Paulson went from worrying about the moral hazard of bailing out Lehman Brothers on September 14 to, less than 24 hours later, worrying about rescuing the entire financial system from a global panic.  While it seems unlikely that markets will immediately tank at midnight tonight if the US Congress fails to act on the debt ceiling, there are signs that other actors in the global economy are running out of patience.  One of the other top three credit ratings agencies, Fitch, put the United States on warning Tuesday by lowering the outlook on its ‘AAA’ credit rating from ‘stable’ to ‘negative,’ citing the brinksmanship in the US political system that’s so far failed to secure a debt ceiling hike.

For those of you who might have been living on a deserted island for the past three years, the US Congress is generally obligated to raise the total aggregate amount of US debt issued, irrespective of whether the US Congress has approved the spending levels associated with issuing such additional debt.  No other country (except Denmark) has a similar concept, which is why the debt ceiling crisis is such a foreign concept for non-Americans.

Between 1798 and 1917, the US Congress had to approve every single issuance of new debt; the onset of the ‘debt ceiling’ concept was initially a way to streamline debt issuance during World War I.  Since 1917, the US Congress raised the debt ceiling over 100 times, and 14 between 2001 and 2013.  Traditionally, in times of divided US government, though those votes have sometimes been subject to one party’s political posturing.  US president Barack Obama himself cast a vote against raising the debt ceiling in 2006 when he was just a US senator, and he issued some pious, if garden-variety, blather about ‘shifting the burden of bad choices today onto the backs of our children and grandchildren.’  Matt Yglesias at Slate called out Obama for ‘bullshitting’ back in 2006.

But only in 2011 did one party seek to wield the debt ceiling as a weapon of economic destruction — give us what we want on our policy priorities or the world economy gets it!  In 2011, just months after Obama’s party suffered devastating losses in the November 2010 midterm elections, Obama agreed to make budget cuts in exchange for a hike in the debt ceiling.  But now, fresh off reelection, Obama is arguing that he won’t negotiate over the debt ceiling — partly to discourage anyone from trying to use the debt ceiling as an instrument of political blackmail in the future.

In any event, for the best reporting in the United States on the debt ceiling crisis in terms of both politics and policy, go read Ezra Klein (and friends) at Wonkblog at The Washington Post and every word that Robert Costa at National Review reports from within the House and Senate Republican caucuses.

But it’s vitally important to the global economy because US debt — Treasury debt securities (called ‘Treasurys’) and, specifically 10-year Treasurys (called ‘T-notes’) — is generally viewed as the safest investment in the world.

Why US Treasurys are so special 

As Felix Salmon at Reuters memorably explained Tuesday, US-issued debt is the ‘risk-free vaseline which greases the entire financial system’: Continue reading Amid debt ceiling showdown, China sharply calls for a ‘de-Americanized’ world

Don’t blame the constitution for the shutdown — blame single-member plurality districts!

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Dylan Matthews at The Washington Post wrote impressively yesterday about the perils of presidentialism and blames the current federal government shutdown not on the individual actors in the US Congress, but on the US constitution itself.  Citing the late Juan Linz, who died Tuesday (coincidentally), Matthews points to a body of comparative politics research that shows presidential systems are more likely to fall into dictatorship and chaos than parliamentary systems:USflag

But it’s not just that [James] Madison’s system is unnecessary. It’s potentially dangerous. Scholars of comparative politics have shown that presidential systems with a separation of executive and legislative functions, like America’s, are considerably more likely to collapse into dictatorship than are parliamentary systems where the executive and legislative branches are merged. That’s because there are competing branches of government able to claim democratic legitimacy and steer the ship of state at the same time — and when they disagree profoundly, there’s no real mechanism for resolving the dispute.

But parliamentary systems come with their own challenges.  Italian prime minister Enrico Letta, who won a no-confidence vote yesterday after a four-day political crisis spurred by the whimsy of a single, highly volatile opposition leader, may disagree that parliamentary systems are necessarily more stable.

Matthews is right to poke holes in the sanctity with which the US political system holds 18th century governance documents, including the US constitution and the writings of Madison and others (after all, it’s important to remember that the original constitution plunged the United States into civil war — it’s the post-1865 version that includes the 13th, 14th and 15th Amendments that we use today).

We live in a 21st century world that doesn’t always fall into sync with 18th century political economy.  The US constitution, whether Americans like it or not, is no longer state-of-the-art technology for constitutions and hasn’t been for decades, and the US presidential system isn’t one that many countries choose to follow these days.  When the United States helped craft new political systems in Germany and Japan after World War II, they built parliamentary governments with mechanisms alien to the American system.

But in a world where a minority of one house of the legislative branch of government can shut down the US government, it’s a tall order to ask that American political elites contemplate a major constitutional adjustment — a constitutional amendment to transform the United States into a parliamentary system would require the support of two-thirds of the US House of Representatives and the US Senate and the support of three-fourths of the 50 US states.

While we’re working through thought experiments, can we can lay some of the blame on the nature of the American electoral system?  Maybe the United States should elect members of Congress through some form of proportional representation (or ‘PR’) instead of a ‘first-past-the-post’ system — more technically, single-member district plurality.

Although it’s typical to think about PR as a voting system used more often in parliamentary systems, both Canada and the United Kingdom (which have parliamentary systems) use a pure ‘first-past-the-post’ system to elect members to each of their respective House of Commons, while México (which has a presidential system) uses a mixed system that relies heavily on PR to determine members of both houses of its Congress.

How first-past-the-post skews US congressional elections: the 2012 conundrum

In the United States, House members are elected in single-member districts on the basis of ‘first-past-the-post’ voting.  That means that the candidate who wins the most votes in the district wins the House seat.  Typically in the United States, at least, that means the winning candidate will win over 50% of the vote (or close to it) because of the cultural dominance of the two-party system.  That kind of two-party dominance, by the way, is much more likely to develop under the American electoral system (first-past-the-post in single-member districts) than under PR systems.  That phenomenon even has a name — Duverger’s Law — and we could spend a whole post pondering the mechanisms and effects of it.

So in the most recent November 2012 US congressional election, Democrats won 48.3% of the national vote and Republicans won 46.9% for the national vote.  But Democrats won just 201 seats to 234 for Republicans — the party that won 1.7 million fewer votes nonetheless holds a fairly strong majority of seats in the House (by historical standards).

The skew is even more intense on a state-by-state basis.  Here’s a chart that shows five swing states that US president Barack Obama won in his November 2012 reelection bid where Republicans simultaneously won a majority of the state’s congressional delegation — the first column is Obama’s reelection percentage and the second column is the percentage of that state’s House seats held by Republicans:

obamahouse1

It works both ways — here’s another chart that shows five solidly Democratic states where Democrats hold an outsized advantage in the House.  Again, the first column is Obama’s reelection percentage and the second column in the percentage of House seats held by Democrats:

obamahouse2

What would proportional representation mean for the US House? 

Contrast this to a PR system where seats are awarded on the basis of the party’s overall level of support.  There are nearly as many varieties of PR electoral systems as there are countries on the map, but the general idea is that if a party wins 25% of the vote, it should hold 25% of the seats in the legislative body.  Often, there’s an electoral hurdle — so a party would have to win 4% of the total vote in order to win any seats in the legislative body. Continue reading Don’t blame the constitution for the shutdown — blame single-member plurality districts!

Toward a pink-blue coalition: how House Democrats can rescue Boehner’s speakership

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Last week, I noted that German chancellor Angela Merkel succeeded in achieving the post-partisanship in Germany that US president Barack Obama had hoped to achieve when he ran for president in 2008.USflag

While that’s somewhat of an unfair comparison given the collegiality and consensus that’s developed in Germany’s postwar politics, there’s perhaps a lesson for US politicians to learn from the example of German politics in resolving the current standoff that has shut down the federal government of the United States and threatens to precipitate a sovereign debt crisis later this month over the US debt ceiling.

Even after Merkel’s center-right Christian Democrats won a once-in-a-generation landslide victory, she remains five seats of an absolute majority in Germany’s Bundestag (the lower house of the German parliament) and well short of a majority in the Bundesrat (the upper house), so she’s locked in negotiations — likely for the rest of the year — to form a viable governing coalition with either her rival center-left Social Democrats or the slightly more leftist Green Party.

Contrast that to the United States, where a minority of a party that controls one-half of one branch of the American government has now succeeding in effecting a shutdown of the US government.

In the US House of Representatives today, speaker John Boehner (generally) operates on the ‘Hastert rule.’  He’ll only bring bills to the floor of the House that are supported by a ‘majority of the majority’ — a majority of the 232-member Republican caucus.  So even if 115 Republicans and all 200 Democrats in the House support a bill, such as a clean ‘continuing resolution’ to end the current shutdown, they won’t be able to do so if 117 Republicans prefer to condition a continuing resolution upon a one-year delay of the Patient Protection and Affordable Care Act, popularly known as ‘Obamacare.’

It’s not uncommon in parliamentary systems for the ‘loyal opposition’ to sometimes lend their support for an important piece of legislation.  Earlier this year in the United Kingdom, British prime minister David Cameron passed a marriage equality law only with the support of the opposition Labour Party in the House of Commons in light of antipathy within a certain segment of the center-right Conservative Party to same-sex marriage.

In country after country in Europe, including Greece, Ireland and Latvia, traditional rivals on the left and right have sucked up the political costs of austerity and voted to accept difficult reforms, tax increases and tough budget cuts in the face of rising unemployment and depression-level economies in order to avoid the further tumult of being pushed out of the eurozone’s single currency.  If Italy’s left and right could support former prime minister Mario Monti’s technocratic government for 15 months, it’s not outside the realm of democratic tradition to believe that Boehner could form a working coalition in the US House to resolve a crisis that threatens not only American political credibility in the world and the American economy, but the entire global economy.

But as Alex Pareene at Salon wrote earlier today, the United States doesn’t have a parliamentary system, it has a presidential system where an opposition party that controls one house of Congress can cause a crisis if it wants to do so:

An American parliamentary system with proportional representation wouldn’t immediately or inexorably lead to a flourishing social democracy, but it would at least correct the overrepresentation of an ideological minority, and cut down on intentional tactical economic sabotage. The reason we’re in permanent crisis mode isn’t “extremism,” but a system of government that guarantees political brinkmanship.

There’s a bit of ‘grass is always greener’ mentality to that counterfactual.  Parliamentary systems come with their own set of difficulties, and governments in parliamentary systems can wind up just as paralyzed as the current American government seems to be — former Italian prime minister Silvio Berlusconi is causing a political crisis this very week in Italy that will culminate in a vote of no confidence on Wednesday against the fragile coalition headed by center-left prime minister Enrico Letta.  Though the government’s been in power for just five months, Italy could face its second set of elections in 12 months if Letta’s government falls.  Belgium famously went without a government for 535 days between 2009 and 2011 because no majority coalition could form a government.  Moreover, minority governments in parliamentary systems often lurch from crisis to crisis, with individual lawmakers willing and able to ‘hold up’ the government’s legislation.

But the United States need not change its entire system of government to take away a few lessons from Merkel and from Germany.

Juliet Eilperin and Zachary A. Goldfarb at The Washington Post suggested earlier Tuesday that Boehner make a push to become the first truly bipartisan speaker:

[T]he press tends to trumpet two unflattering themes: that Boehner can neither manage his own conference nor make a credible deal with the White House. As a result, the narrative runs, Americans are left careening from fiscal crisis to fiscal crisis, and Congress can’t even tackle popular initiatives such as immigration reform. A host of other potential changes supported by huge swaths of both parties — from tax and entitlement reform to infrastructure spending — are also left on the table just because of the fallout Boehner faces from a few dozen, ultra-conservative Republicans.

At least that’s the rap against Boehner, whose speakership so far has been defined by blocking Obama’s priorities rather than producing significant laws. But that could all change if he were just to decide to say to House Minority Leader Nancy Pelosi (D-Calif.): “Let’s enter a grand coalition. Democrats will vote for me for speaker as long as Republicans hold a majority. And we’ll do a budget deal that raises a little bit of tax revenue and reforms entitlements. We’ll overhaul the tax code for individuals and businesses. We’ll pass immigration reform and support the infrastructure spending that the U.S. Chamber of Commerce and labor unions want.”

Call it a pink-blue coalition — the moderate Republicans and the Democrats.  (Or maybe the donkey-rhino‡ coalition). Continue reading Toward a pink-blue coalition: how House Democrats can rescue Boehner’s speakership