Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Legal Fact Finder on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Observer on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Michael H Schneider on Negligent Corpse Mishandling

    • flood pictures on Public opinion on same-sex marriage

    • gtownstudent on And Justache For All at GW Law

    • AF on Ricci and Briscoe as Disparate Impact Cases

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Maryland Conservatarian on Ricci: Color-Blind Standards in a Race Conscious Society?

  •  

    Site Meter

Impending Budget Battle Reminiscent of 1995-96 Budget Showdown?

posted by Anita Krishnakumar

The Washington Post ran an interesting piece yesterday, November 14, by Peter Baker titled, Bush Veto Sets Up Clash on Budget, Democrats Make War-Funds Threat. The article begins:

A budget dispute erupted into a full-scale battle Tuesday as President Bush vetoed the Democrats’ top-priority domestic spending bill and the party’s Senate leader threatened to withhold war funding if the president does not agree to pull out of Iraq.

The long-anticipated clash came to a head as Bush rejected a $606 billion bill to fund education, health and labor programs, complaining that it is too expensive and is larded with pork. Within hours, Senate Majority Leader Harry M. Reid (D-Nev.) declared that Bush will not get more money to pay for the wars in Iraq and Afghanistan this year unless he accepts a plan to complete troop withdrawals by the end of next year.

The Washington Post article goes on to compare the impending budget showdown between President Bush and the Democratic Congress to the infamous 1995-96 budget battle between President Clinton and a then-Republican Congress — a battle which resulted in several government shutdowns and widely is considered to have ended in a political victory for President Clinton. In fact, the article notes that “[a] politically weakened Clinton used that episode to redefine himself, just as an unpopular Bush wants to wage a veto fight to demonstrate strength with 14 months left in office and to play off a Congress with as little public support as that led by Newt Gingrich a dozen years ago.”

Having written about the 1995-96 budget showdown in some detail (see article), and having given some thought to separation of powers issues in the budget context, I offer these observations in response to the comparison invited by the Washington Post article:

1. The 1995-96 budget battle undoubtedly taught that the President has the political and procedural leverage in a head-to-head showdown with Congress. Among other things, the Chief Executive has a built-in media advantage because he can fly around the country making speeches that vilify Congress and explaining why he simply had to veto the atrocious budget Congress sent him. Moreover, he has the ability to speak as one voice for his Administration, whereas Congressional leaders must struggle to keep various legislative factions together and to represent the will of a multi-member body.

2. Nevertheless, there are key differences between the impending 2007-08 budget showdown and the 1995-96 episode. First, the root cause of public dissatisfaction with the 104th Congress in 1995 is substantially, and materially, different than the root cause of public dissatisfaction with the 110th Congress in 2007. Public ire with the Newt-Gingrich-led Republican Congress arose as a result of that Congress’ aggressive insistence on implementing radical policy shifts (embodied in the Contract With America) through the budget process, and on its (and Newt Gingrich’s) willingness to hold the rest of the budget hostage as a weapon to force the President to go along with this radical remaking of government. Public dissatisfaction with the current Democratic Congress, by contrast, is based on this Congress’ failure, thus far, to stand up to the President — and particularly on its failure to get American troops out of Iraq. If Congress now starts a budget battle precisely to stand up (finally) to President Bush on the Iraq issue, public reaction to that showing of backbone could be quite different than it was 12 years ago, even if we end up with another government shutdown. The crucial difference may be that whereas the Contract With America originated with the Republican Party and represented its vision, the impetus for withdrawing troops from Iraq comes from the American people — not the Democratic Party — in the first instance.

3. Relatedly, President Clinton’s political weakness vis-a-vis the public stemmed from private scandals and the botched universal health care attempt, not from his refusal to scrap Medicaid or to shrink the size of the federal government in order to balance the budget (these latter being the substantive basis for his disagreement with the Republican Congress’ proposed budget). Thus, the Republican Congress in 1995 could not counter President Clinton’s attacks on its proposed budget by shouting, “Oh yeah? Well, what about Travelgate? What about Whitewater?” By contrast, President Bush’s stunningly low approval rating has been earned almost entirely as a result of his handling of the Iraq War, a fact which provides Congressional Democrats with an easy counterpoint to his attacks on their spending proposals: Indeed, as the Washington Post article reports, Democrats openly have contrasted the $10 billion they seek in domestic spending (and that President Bush vetoed) with the $196 billion the President is seeking in additional war funding. The soundbite opportunities abound, as Senator Ted Kennedy’s comments in the Washington Post illustrate: “Cancer research, investments in our schools, job training, protecting workers and many other urgent priorities have all fallen victim to a president who squanders billions of dollars in Iraq but is unwilling to invest in America’s future.”

In the end, President Bush may well seize the bully-pulpit and turn this budget battle into a chance to reconnect with the American people. Stranger things have happened. But my money is on Congress this time, because if it sticks to its guns, then the President will be in the doubly unpopular position of both (1) causing a government shutdown by refusing to approve domestic spending that looks small in comparison to his war funding and (2) refusing to come to the table on troop withdrawal despite the public’s overwhelming desire to exit Iraq.


 November 15, 2007 at 1:44 pm   Posted in: Politics   Print This Post Print This Post

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress