-
Recent Posts
Search
Welcome to DCW
Upcoming Events
7/15/24 - GOP Convention
TBD - Democratic Convention
11/5/24 - Election DayTools
Archives
Tag Cloud
2008 Democratic National Convention 2012 Democratic National Convention 2012 Republican National Convention 2016 Democratic National Convention 2016 Republican National Convention 2020 Census 2020 Democratic Convention 2024 Democratic Convention 2024 Republican Convention Abortion Affordable Care Act Alabama Arizona Bernie Sanders California Colorado Donald Trump First Amendment Florida Free Exercise Clause Free Speech Georgia Hillary Clinton Immigration Iowa Joe Biden Kansas Maine Marco Rubio Michigan Missouri Nevada New Hampshire North Carolina Ohio Pennsylvania redistricting South Carolina Supreme Court Ted Cruz Texas United Kingdom Virginia Voting Rights Act WisconsinDCW in the News
Blog Roll
Site Info
-
Recent Posts
Recent Comments
- tmess2 on Election Recap
- Anthony Uplandpoet Watkins on Election Recap
- Anthony Uplandpoet Watkins on Election Recap
- DocJess on Don’t think we’re getting a contested convention
- Matt on Dems to nominate Biden early to avoid GOP Ohio nonsense
Archives
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- November 2014
- September 2014
- July 2014
- June 2014
- March 2014
- January 2014
- August 2013
- August 2012
- November 2011
- August 2011
- January 2011
- May 2010
- January 2009
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
Categories
- 2019-nCoV
- 2020 Convention
- 2020 General Election
- 2020DNC
- 2024 Convention
- 2028 Convention
- Anti-Semitism
- Bernie Sanders
- Charlotte
- Chicago
- Civil Rights
- Cleveland
- Climate Change
- Coronavirus
- Coronavirus Tips
- COVID-19
- Debates
- Delegate Count
- Delegates
- Democratic Debates
- Democratic Party
- Democrats
- DemsinPhilly
- DemsInPHL
- Disaster
- DNC
- Donald Trump
- Economy
- Elections
- Electoral College
- Federal Budget
- Freedom of the Press
- General Election Forecast
- GOP
- Healthcare
- Hillary Clinton
- Holidays
- Hotels
- House of Representatives
- Houston
- Identity Politics
- Impeachment
- Iowa Caucuses
- Jacksonville
- Joe Biden
- Judicial
- LGBT
- Mariner Pipeline
- Merrick Garland
- Meta
- Milwaukee
- Money in Politics
- Music
- National Security
- Netroots Nation
- New Yor
- New York
- NH Primary
- Notes from Your Doctor
- NoWallNoBan
- Pandemic
- Philadelphia
- PHLDNC2016
- Platform
- Politics
- Polls
- Presidential Candidates
- Primary and Caucus Results
- Primary Elections
- Public Health
- Rant
- Republican Debates
- Republicans
- Resist
- RNC
- Russia
- Senate
- Snark
- Student Loan Debt
- Sunday with the Senators
- Superdelegates
- Syria
- The Politics of Hate
- Uncategorized
- Vaccines
- War
- Weekly White House Address
Meta
Category Archives: Senate
Elections Have Consequences — Biden Agenda Edition
It is a phrase that we repeatedly hear — typically by the majority as a justification for the unjustifiable, but elections do have consequences. But it’s not just who wins, but how they win. In many parliamentary countries, there is another common phrase a “working majority.” And the basic concept is that it is rarely enough to win by one or two seats. When you have a one or two seat majority, it only takes one or two members deciding to walk to cost the government the majority. And that’s in a parliamentary system where members risk forcing a new election if they defect from the government to the minority. In the United States, there is no threat of an immediate new election hanging over members’ heads to encourage the majority to stick together. As a result, the margin required for a working majority is somewhat larger in the U.S.
And that’s the problem that the current Democratic majority is facing. Currently, the Democrats have a 220-212 majority in the House (which will go up to 222-213 in January when all of the vacancies are filled). That means a mere four (now or five in January) defections means that nothing can pass. In the Senate, the Democrats do not have an actual majority. Even including the two independents who normally vote with the Democrats, the Senate is a 50-50 tie. Given the Senate filibuster rules, a 50-50 Senate can only pass reconciliation bills or confirm nominees, and even that requires all fifty members of the caucus to stick together at which point the Vice-President can break a tie.
The current mess on reconciliation and election reform is the result of the lack of a working majority. Needing every vote in the Senate requires getting the agreement of every Senator. Thus, each Senator can insist on concessions from the rest of the party. (It is a little harder in the House, but a group of five or more members have the same leverage). And to be clear, the leverage is not equal. When you need every vote, the ones who want to do less have a negotiating advantage over those who want to do more. The reality is that something is almost always better than nothing. So the “moderates” can tell the “progressives” that we are willing to vote for some increased funding for child care and clean energy and expanding Medicare but not for as much increased funding as you want, and the progressives have the option of accepting some funding for needed programs or not getting those programs at all. The only real limit to the moderates leverage is that, when it comes to needing to cut funding, progressive can counter by trying to trade off programs that they want for programs that the moderates want that progressives do not see as particularly useful. But that is very limited leverage. Thus, at the end of the day, the current numbers give a lot of additional power to Senator Joe Manchin of West Virginia and Senator Krysten Sinema of (suppoesedly) Arizona. (The supposedly is that Senator Manchin’s positions flow from the politics of West Virginia and it is unlikely that Democrats could elect a more progressive Senator from West Virginia. Senator Sinema’s positions on the other hand do not flow from Arizona’s politics as her fellow Senator from Arizona, Mark Kelly, who actually has to run in 2022, is not blocking current proposals.)
Also posted in Elections, House of Representatives, Joe Biden
Tagged filibuster, Joe Biden, Joe Manchin, Krysten Sinema, Mark Kelly
Comments Off on Elections Have Consequences — Biden Agenda Edition
A Republic if You Can Keep It
While many American today are celebrating the anniversary of the issuance of the Declaration of Independence, the United States Supreme Court spent this week giving a green light to Republican attempts to cook the ballot box. Forty years ago, both parties supported the Voting Rights Act. Democrats wanted to increase minority representation in government, and Republicans realized that compliance with the Voting Rights Act made it easier for them to pack Democrats into “minority” districts and, thereby, make swing districts lean Republicans.
But drawing district lines is merely one way to reduce minority influence. And, most importantly, district lines play no role in state-wide race. To reduce minority influence in state-wide races, you need to keep minorities from voting. And, while the Voting Rights Act clearly bars the blatant techniques like literacy tests which can be directed at minority voting, the question has remained about techniques which merely make it more difficult for minorities to vote.
Unfortunately, we now have a generation of Republican lawyers who have been hostile to the Voting Rights Act in the majority on the Supreme Court. And we saw the results this week in a decision out of Arizona — Brnovich vs. Democratic National Committee. This is not the first time that the issue of the meaning of Section 2 and the test that Congress wants the courts to use in analyzing Section 2 claims has been before the Supreme Court. The original version of Section 2 merely barred practices which states were using to abridge the right of minority groups to vote. After the Supreme Court interpreted that provision as only barring practices upon proof of a discriminatory intent, Congress amended Section 2 bar practices which “result” in the abridgment of the right of minorities to vote.
Also posted in Civil Rights, Elections, Judicial
Tagged Supreme Court, Voting Rights Act
Comments Off on A Republic if You Can Keep It
2022 Elections — A First Glance
The 2020 elections left both the House and the Senate closely divided. And two years is a long time in politics. But experience has taught politicians two, somewhat contradictory, things that will impact what can get done during the next two years.
The first, especially for the House of Representatives, is that the President’s party typically loses seats. But the reason for this normal rule is that a new President has typically helped members of his party to flip seats. As such, this might be less true for 2022 than in the past. In 2020, the Democrats only won three new seats, and two were the results of North Carolina having to fix its extreme gerrymander. And only a handful of Democratic incumbents won close races. And the rule is less consistent for the Senate, in large part because the Senators up for election are not the ones who ran with the President in the most recent election but the ones who ran with the prior president six years earlier. In other words, the President’s party tends to be more vulnerable in the Senate in the midterms of the second term than in the midterms of the first term. But the likelihood that the President’s party will lose seats is an incentive to do as much as possible during the first two years.
The second is that one cause of the swing may be overreach — that voters are trying to check a President who is going further than the voters actually wanted. This theory assumes that there are enough swing voters who really want centrist policies and that they switch sides frequently to keep either party from passing more “extreme” policies. Polls do not really support this theory and there is an argument that, at least part of the mid-term problem, could be the failure to follow through on all of the promises leading to less enthusiasm with the base. But this theory is a reason for taking things slowly and focusing on immediate necessities first and putting the “wish list” on hold until after the mid-terms.
Also posted in Elections, House of Representatives
Tagged Alaska, Arizona, Census, Florida, Georgia, House, Iowa, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania, redistricting, Senate, Vermont, Wisconsin
Comments Off on 2022 Elections — A First Glance
The Unfinished Civil Rights Agenda — The Commonwealth of Douglass and the State of Puerto Rico
Today, we celebrate the legacy of the Reverend Martin Luther King, Jr. And appropriately, later this month, we will see one of his successors, the Reverend Raphael Warnock sworn in as a United States Senator from Georgia.
But there is a lot of work still to be done. And while I could probably write a much longer essay on the full civil rights agenda, I am going to limit this post to a very key symbolic part of the agenda. Voting Rights was a key part of the King agenda. And, while other parts of the voting rights agenda are important, today — over 4 million Americans are being denied the most basic of rights, voting representation in the House and the Senate.
At the time of the framing, the United States had vast, mostly unsettled territories. Even in the states, the settlements were mostly limited to the coasts. However, between 1784 and 1787, the original Congress under the Articles of Confederation adopted a series of ordinances related to the Northwest Territories (what are currently the states of Ohio, Michigan, Indiana, Illinois, and Wisconsin) that governed the settlement of those territories and their ultimate admission to statehood. Under those ordinances, a territory was eligible for statehood when it had population in excess of sixty thousand people.
Also posted in Civil Rights, House of Representatives
Tagged District of Columbia, Puerto Rico, statehood, Voting Rights
Comments Off on The Unfinished Civil Rights Agenda — The Commonwealth of Douglass and the State of Puerto Rico
Georgia, Recall Elections, Impeachment, and Removal — a Legal Primer
In the aftermath of a weak of sedition and riots, I am seeing a lot of questions about issues related to the seating (or exclusion) of Senators and Representatives. I am also seeing questions about what can be done to bring a quicker end to the mistake that was the Trump presidency.
Let’s start with the Georgia elections. As we learned in November, it takes time to finalize the election results. In Georgia, there are three key deadlines. The first is the deadline for receipt of overseas ballots and for the curing of “rejected” absentee ballots and for determining the validity of provisional ballots. That deadline was the close of business today. So, at the present time, all of the counties should know if they have any votes left to count.
The second deadline is next Friday — January 15. By that date, all of the approximately 160 counties are supposed to have completed their county canvass and certified all votes to the Secretary of State. This deadline can be extended if the Secretary of State orders a pre-certification audit (as happened in the presidential race). (It is unclear how the audit will apply to the Senate races. The state law required one for the November election but is ambiguous as to the run-off election. The Secretary of State also opted for a complete hand recount of all votes in the presidential race — which technically is not an audit — but the statute only requires an audit of random counties and precincts. If a proper – in other words, limited — audit is conducted, the counties that have to do the audit may not need an extension.)
Also posted in 2020 General Election, Donald Trump, Elections, Joe Biden
Tagged exclusion of members of Congress, Georgia, Impeachment, Jon Ossoff, Josh Hawley, Raphael Warnock, recall elections, Ron Johnson, Ted Cruz
Comments Off on Georgia, Recall Elections, Impeachment, and Removal — a Legal Primer
Georgia on My Mind
A week from today, there will be two runoff elections in Georgia for its two Senate seats. One, the race between Senator David Perdue and Jon Ossoff will be for a full six-year term. The other, the race between Senator Kelly Loeffler and Reverend Raphael Warnock is for the last two years of former Senator John Isakson’s term.
Georgia, like many southern states, requires a primary run-off if no candidate wins a majority in the primary. However, Georgia is part of a very small set of states that requires a run-off if no candidate wins a majority in the general election (except for the selection of presidential electors). It also, like some other states (again mostly in the south), uses a so-called jungle primary for special elections in which all candidates from all parties run on the same ballot in the general election rather than having party primaries to pick candidates for the special election. Back in November, the Libertarian candidate did just well enough in the Perdue-Ossoff race to prevent anybody from getting a majority, and there were enough candidates running in both parties that nobody got over 35% of the vote with Warnock and Loeffler advancing to the runoff.
As the fact that it is primarily found in the South should indicate, runoff elections have a somewhat racist history in the U.S. While not the only reason for wanting a runoff, keeping power for the white political and economic establishment against reformers who might support an increased role for minorities (among other things) was a motivating factor.
Also posted in 2020 General Election
Tagged David Perdue, Georgia, Jon Ossoff, Kelly Loeffler, Raphael Warnock
Comments Off on Georgia on My Mind
The New Senate
Based on where things currently stand, it looks like when the new Senate convenes on January 3, the Republicans will have a 51-48 or 50-49 majority (depending upon the results in Alaska). First, a word on why there will be only 99 Senators.
At this point, it looks like both races in Georgia are headed to a run-off on January 5. Senator David Perdue’s current term ends on January 3. As there will be no winner in that race, the seat will technically be vacant as of January 3. Senator Kelly Loeffler, however, was appointed to fill a seat. The term for that seat ends on January 3, 2023. Under the Seventeenth Amendment, until there is a winner of that special election, she continues to hold that seat. (For Arizona, that means that as soon as the result is certified, Mark Kelly replaces Sally McBride as the new Senator. So, if there is a lame duck session in December, the margin will be 52-48 rather than the current 53-47.)
The big issue is whether anything will be able to get through the new Senate. The real question is whether there is a moderate caucus that could try to leverage both parties against each other to make some real reform to allow the Senate to function. On the Democratic side of the aisle, Senator Joe Manchin (Senator from Coal Country West Virginia) has to walk a very fine line if he wants any chance at re-election. Likewise Senator Sinema and Senator-to-be Kelly from Arizona represent a marginally swing state as would potential Senator Osser and potential Senator Warnock from Georgia. And Senator King from Maine seems to be a true independent. So, there is a group of four to six in the Democratic caucus that are not going to want to move too fast and might be open to reforms to make the Senate a more “collegial” body.
Tagged Angus King, Charles Grassley, David Perdue, filibuster, Joe Manchin, Jon Osser, Kelly Loeffler, Krysten Sinema, Lisa Murkowski, Marco Rubio, Mark Kelly, Mitt Romney, Pat Toomey, Raphael Warnock, Richard Burr, Ron Johnson, Susan Collins
Comments Off on The New Senate
Runoffs and Control of the Senate
With less than three weeks to go until election day. A lot of ink has been spilled over how state laws on the receipt and counting of absentee/mail-in ballots could delay knowing who won the presidential election. But it could take even longer to know who will control the U.S. Senate.
One of the reasons is, of course, that the same delay in counting votes for the Presidential election could also delay counting the votes for the Senate elections. However, given where the seats are and the current polling average, I expect that most Senate seats will be called on election night. And it is possible that one party or the other will have a good enough night to get to 51 seats by midnight.
But there is a real chance that control of the Senate will come down to three races. (At the very least, these three races will impact how comfortable the majority is. Both parties have a handful of Senators who will occasionally split on a key vote. Needless to say a 50-50 Senate with Vice-President Harris only voting in the case of a tie is going to be less likely to pass major legislation than a 53-47 Senate especially if the filibuster finally goes the way of the dodo.) And in all three races, the election may not be over on election night.
Also posted in 2020 General Election
Tagged David Perdue, Doug Collins, Georgia, Jon Ossoff, Kelly Loefler, Maine, Raphael Warnock, Sara Gideon, Susan Collins
Comments Off on Runoffs and Control of the Senate