Rejoice! Rejoice! Victory, oh Victory!

 

shutterstock_158132165The most common form of contemporary conservative electoral argument is flawed in its premise. They argue that we don’t win elections because we don’t follow their advice (give up on social issues / double down on social issues / the same for fiscal issues and/or foreign stuff / use stronger language / use more moderate language / educate the public on abstract issues / stop talking about abstract issues / talk about gaffes more / talk about gaffes less).

In fact, we win elections. We run the legislature in most states, reaching a level of (small d) democratic control rarely seen in American history. We have most governor’s mansions, again, right at the edge of the historical record. We have the House; after decades of suffering from Ike’s neutrality and Watergate, we got it back in 1994 and we’ve mostly kept it. We have the Senate. Even presidentially, we’ve lost just five out of the last twelve races, with the “always losing” argument often resting on the last two. If you decide on the basis of receiving two tails after tossing a coin twice that the coin must be faulty and have no heads on it, you’re probably excessively predisposed that belief.

When people tell you that we’re losing and the only way to win is to buy their snake oil, whether classy snake oil like Arthur Brooks’ or off-brand oils like Mike Murphy’s or Mark Levin’s, they’re wrong in two ways. Firstly, we’re winning, and secondly, many of those who are winning are not from their faction of the party. Ron Johnson and Pat Toomey win in blue-purple states while being unapologetically socially conservative, whatever Murphy might prefer; while Graham, McCain, Murkowski, Capito, Cochran, and Alexander can win in red states despite Levin’s assurances that their path is doomed to fail.

Allied to this is the claim that we don’t win on the issues. Sometimes this is specifically aimed at McConnell and Boehner. In the comments, I’d like people to suggest a Senate leader and speaker who have been more effective at stopping the legislative agenda of a post-war President. I don’t believe that such a man exists. Bush got what he really wanted from Daschle and Reid. Clinton got a bunch of what he wanted from Dole and Newt. Anyone who wants to argue that Reagan and 41 failed to leave a legislative legacy has a tough case to make. And so on. From tax cuts to gun rights to trade agreements to partial birth abortion to bankruptcy to the surge, the Democrats never united in the way that McConnell and Boehner have kept the party together in opposition to Obama, so time and again Bush could peel off enough Democratic moderates to get his reforms passed. Today, pro-choice Republicans refuse to vote for pro-choice bills. Pro-union Republicans don’t vote for pro-union bills. Obama has been reduced to acting through executive orders by the most effective and courageous Republican party leadership in a half century. Obama did pass radical reforms, but only while he had a supermajority; a supermajority that was kept brief between the death of Ted Kennedy and the election of Scott Brown. It’s the united efforts of moderates and less moderate Republicans that has won us our position.

At some level, most of us are aware of this. Over and over again, I speak to closeted McConnell fans who will not admit it in public (some, like James O’Keefe, are open about it if they’re asked, but don’t raise the topic). It’s not cool, and it’s bad for fundraising, to declare that affection. I’ve spoken to people who were coming off a panel discussion angry because they didn’t get to demonstrate their bona fides by attacking McConnell on a point irrelevant to the discussion. Our pundits have overwhelming incentives to bad-mouth our leaders. There’s sometimes almost as little respect for the achievements of our governors and state legislators, although the Constitution gives them the scope to go on the offensive even when there isn’t a cooperative President. Our states are popping and fizzing like mad, deregulating labor, protecting electoral integrity and self-defense rights, closing abortion clinics, cutting taxes, reducing recidivism by expanding religious charitable access to inmates, expanding school choice, shoring up the Constitution with anti-Kelo laws and the like, and finding many other ways of expanding Americans’ freedom.

It’s my belief that America, and the world, were in a precarious state in Reagan’s first term, but that we are in a better position now, and that we were in a precarious state when Ted Kennedy died, but that we are in a better position now. I outline why in posts addressing each of the three legs of the conservative stool and comparing our position to Reagan’s first term and to what one could refer to as the B.M. period of American history (“Before McConnell,” the period of supermajority).

I’ll conclude with a post on the stakes for the upcoming election. We can fix entitlements to make them affordable, but not every party is likely to do so, and even four years would make the problem much harder. We can restore American leadership to the world, but we would have to choose to do so. Almost all the regrettable Court decisions are 5-4, so we can revive our Constitutional fidelity to unprecedented levels, but the good decisions are also mostly 5-4. It is merely likely, not certain, that the shining city on a hill will illuminate the world even more brightly than before.

Published in Domestic Policy, Politics
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  1. Frank Soto Member
    Frank Soto
    @FrankSoto

    kmtanner:Frank,

    That was one way to look at this, but there is something missing.

    For example welfare chauvinism. It is going strong in the west, also now in US. But in US it is hurting conservatives mostly, because there is too many women, liberals and especially more and more latinos, also conservatives are dying faster. And there was no internet when Reagan was president, white mans rage was not that magnetic.

    Television didn’t widely exist before Kennedy.  Radio didn’t widely exist before Wilson.  Both offered similar societal change.  Neither impacted the case I laid out.

    Now there is more group-thinking and Trump supporters are not going to give up, he is tough guy who is answer to their dreams. Something fairly similar has happened in other countries, it does not matter whether your candidate is pure conservative or right winger, he just need to appear strong and he has to be tough on immigration and he must hate lefties.

    Republican electorate will choose Trump, and it might take too long time to recover from that. People say that Herman Cain was even more supported, but he was not right person for angry white dudes, Trump is and he is not going to vanish like Cain.

    There is no chance that Trump is the nominee.

    • #151
  2. The Reticulator Member
    The Reticulator
    @TheReticulator

    Frank Soto: I will eagerly await this post. One can argue that government intervention in almost any field is just them properly protecting Americans.

    Me, too.  And I am prepared to bring up the subject of another time when the United States government acted as debt collector for favored entities, and the abuses that accompanied the practice.  This would be in the treaty negotiations with Native Americans.

    • #152
  3. kmtanner Inactive
    kmtanner
    @kmtanner

    Frank,

    Why wouldnt Trump be?

    • #153
  4. Frank Soto Member
    Frank Soto
    @FrankSoto

    kmtanner:Frank,

    Why wouldnt Trump be?

    His negatives are 70%.  That those who like him really like him is not enough.

    • #154
  5. kmtanner Inactive
    kmtanner
    @kmtanner

    Not in two last polls

    • #155
  6. Frank Soto Member
    Frank Soto
    @FrankSoto

    kmtanner:Not in two last polls

    Let’s clarify our terms.  If the polling is of the general public, his negatives are almost 70%.  Among GOP voters, they are in the low 40’s.  Of course, among GOP voters, most of the other candidates have negatives less than 20%.

    That he is winning the current polling is unimpressive with so many candidates in the race.  He has never to date polled as high as Herman Cain did in the lead up to 2012.

    • #156
  7. Jager Coolidge
    Jager
    @Jager

    Frank Soto:

    kmtanner:Not in two last polls

    Let’s clarify our terms. If the polling is of the general public, his negatives are almost 70%. Among GOP voters, they are in the low 40′s. Of course, among GOP voters, most of the other candidates have negatives less than 20%.

    That he is winning the current polling is unimpressive with so many candidates in the race. He has never to date polled as high as Herman Cain did in the lead up to 2012.

    Qunnipiac from 2 days ago of all voters shows Trump 36% Favorable and 54% unfavorable. This is bad for him but not 70%. By comparison the same poll shows Clinton 31% favorable, 51% unfavorable. and Bush 32% Favorable 41% unfavorable.

    • #157
  8. Frank Soto Member
    Frank Soto
    @FrankSoto

    Jager:

    Frank Soto:

    kmtanner:Not in two last polls

    Let’s clarify our terms. If the polling is of the general public, his negatives are almost 70%. Among GOP voters, they are in the low 40′s. Of course, among GOP voters, most of the other candidates have negatives less than 20%.

    That he is winning the current polling is unimpressive with so many candidates in the race. He has never to date polled as high as Herman Cain did in the lead up to 2012.

    Qunnipiac from 2 days ago of all voters shows Trump 36% Favorable and 54% unfavorable. This is bad for him but not 70%. By comparison the same poll shows Clinton 31% favorable, 51% unfavorable. and Bush 32% Favorable 41% unfavorable.

    That’s a bit of an outlier.  ABC still has him almost 70%.  Several others as well.

    • #158
  9. Jager Coolidge
    Jager
    @Jager

    Frank Soto:

    Jager:

    Frank Soto:

    kmtanner:Not in two last polls

    Let’s clarify our terms. If the polling is of the general public, his negatives are almost 70%. Among GOP voters, they are in the low 40′s. Of course, among GOP voters, most of the other candidates have negatives less than 20%.

    That he is winning the current polling is unimpressive with so many candidates in the race. He has never to date polled as high as Herman Cain did in the lead up to 2012.

    Qunnipiac from 2 days ago of all voters shows Trump 36% Favorable and 54% unfavorable. This is bad for him but not 70%. By comparison the same poll shows Clinton 31% favorable, 51% unfavorable. and Bush 32% Favorable 41% unfavorable.

    That’s a bit of an outlier. ABC still has him almost 70%. Several others as well.

    I have not seen this poll. The last CNN/ORC poll of head to head match ups showed Clinton 52- Bush 41. Clinton 52- Trump 43. Clinton 52- Walker 44. Clinton 55- Fiornia 40. To the extent that he has the highest negatives he is not suffering compared against other Republicans.

    • #159
  10. Leigh Inactive
    Leigh
    @Leigh

    Mark: 2) The Medical Device Tax Repeal.  Word is that GOP leadership will be making a push  this fall to get this through. On the latter, if the GOP leadership pushes repeal of the device tax hard it means the Consortium has no intent to repeal Obamacare, despite their rhetoric.  If the device tax passes it peals off an element of support for the coalition needed for complete repeal.

    To me this seems clear case of reading a policy disagreement into a strategy disagreement.  I can see both arguments.

    Repealing the medical device tax might make the point that this law is not untouchable.  That it can be repealed.  It would say to Americans that Democrats pass bad things like the medical device tax, and Republicans get rid of them.

    Maybe it would make Obamacare more popular and repeal harder, but not necessarily.  If President Walker/Rubio/Cruz gets elected and has a majority, it’s pretty clear they intend to repeal Obamacare.  They do have plans.  Having or not having the medical device tax included will make very little difference.  Squishy senators will be more concerned with the political impact of the replacement.

    If they don’t get a majority… or if Clinton wins… the country is better off without the medical device tax than with it.  If the political effects are too complicated to clearly predict, sometimes just put in place the best policy you can.

    • #160
  11. James Of England Inactive
    James Of England
    @JamesOfEngland

    The Reticulator:

    James Of England:

    BrentB67: Are the dems in favor of this boondoggle?

    One of the few legitimate roles for the Federal government is the protection of Americans in their interaction with the world and it is now harder to export than it was, particularly to foreign governments and quasi-governmental agencies.

    So how did the Federal government provide this protection? I hope it wasn’t through subsidies or credits.

    In a variety of ways, but no, the bank was a profit making entity. For instance, in the most minimal form, it would sell insurance against the risk of buyer default because if it purchased the debt it would then be better at enforcing itself. The insurance was valuable in two ways. Firstly, it might keep you from going bankrupt, and second, governments are less likely to default on debts to you if they believe that the debt will be (essentially) sold to the US government and then collected on.

    • #161
  12. Leigh Inactive
    Leigh
    @Leigh

    James Of England: Still, the tax cuts he passed, partly with the help of NCLB favors, have mostly become permanent and NCLB looks like it’s going to be off the books any day now, right Leigh?

    Not fully (though pretty substantially), and it’s not a done deal yet.  The broad outlines are there, but it’s still possible for things to fall apart or for the final version to be less good.  The Democrats really want more “accountability.”

    But there’s a very real chance that they will pass a bill that Obama will sign that undoes much of the worst of NCLB and ends Duncan’s rule-by-mandate (including Common Core), without doing much new substantial harm.

    Do you have a post on this in the works too, or do I need to find time to write it?  I am amazed at how completely under the radar this is flying.

    • #162
  13. James Of England Inactive
    James Of England
    @JamesOfEngland

    Leigh:

    James Of England: Still, the tax cuts he passed, partly with the help of NCLB favors, have mostly become permanent and NCLB looks like it’s going to be off the books any day now, right Leigh?

    Not fully (though pretty substantially), and it’s not a done deal yet. The broad outlines are there, but it’s still possible for things to fall apart or for the final version to be less good. The Democrats really want more “accountability.”

    But there’s a very real chance that they will pass a bill that Obama will sign that undoes much of the worst of NCLB and ends Duncan’s rule-by-mandate (including Common Core), without doing much new substantial harm.

    Do you have a post on this in the works too, or do I need to find time to write it? I am amazed at how completely under the radar this is flying.

    I couldn’t write a post like you could. I’d be a very bad moderator if I in any way inhibited the post we’re all looking forward to.

    • #163
  14. Leigh Inactive
    Leigh
    @Leigh

    James Of England: I couldn’t write a post like you could. I’d be a very bad moderator if I in any way inhibited the post we’re all looking forward to.

    You flatter me… somehow I suspect hardly anyone is waiting with baited breath for my take on the latest attempt at ESEA reauthorization.

    But I really have been intending to write it, and will really try this weekend.  And will try to make it readable and as little deadly boring as possible.

    • #164
  15. The Cloaked Gaijin Member
    The Cloaked Gaijin
    @TheCloakedGaijin

    Leigh:

    Mark: 2) The Medical Device Tax Repeal. Word is that GOP leadership will be making a push this fall to get this through.

    Hey, here’s a plan:

    In 2012, House Budget Committee chairman Paul Ryan explained that (with a Democrat Senate) that “what I tell people at home is I think we can get 85 percent of (Obamacare) for sure repealed in reconciliation.”

    Cool, why don’t we do that?

    A Medical Device Tax Repeal?  Sounds like another magical unicorn like the Keystone Pipeline — used for show and fundraising only.

    • #165
  16. The Cloaked Gaijin Member
    The Cloaked Gaijin
    @TheCloakedGaijin

    James Of England:

    The Cloaked Gaijin:

    James Of England:

    The Cloaked Gaijin: States seem to have less and less power every year. Justice Kennedy, Justice Roberts, and the federal government seem to come up with some interesting opinions about this matter.

    Huh? …the Roberts Court has been pretty strong on Federalism.

    Oh, I don’t know what obscure issues you have in mind, but the two biggest topics the past few years have been Obamacare and homosexual marriage.

    On both of those topics in three cases, Roberts supported expanding Federalism and on both topics the meaningful change to Tenth Amendment doctrine was to expand its scope. In Sebelius, Kennedy agreed with him (and they won). In Windsor, Kennedy disagreed with him, and Roberts won. In Obergefell, there wasn’t a serious federalist argument, but to the extent that there was one, Kennedy disagreed with it and Roberts lost.

    So homosexual marriage, but not polygamy, and forcing people to buy things are what James Madison, Alexander Hamilton, and John Jay were talking about when they wrote The Federalist Papers.

    “Established by the state” is a term that could mean almost anything, just as long as it is most harmful to freedom.

    Wow!  I just never knew any of this.

    • #166
  17. Leigh Inactive
    Leigh
    @Leigh

    The Cloaked Gaijin:

    Leigh:

    Mark: 2) The Medical Device Tax Repeal. Word is that GOP leadership will be making a push this fall to get this through.

    Hey, here’s a plan:

    In 2012, House Budget Committee chairman Paul Ryan explained that (with a Democrat Senate) that “what I tell people at home is I think we can get 85 percent of (Obamacare) for sure repealed in reconciliation.”

    Cool, why don’t we do that?

    A Medical Device Tax Repeal? Sounds like another magical unicorn like the Keystone Pipeline — only used for show and fundraising only.

    Ryan, who is absolutely serious about repealing Obamacare and is one of the biggest reasons it might actually happen, was obviously referring to a future when we had a president who would sign actual repeal.  Ryan doesn’t deal in unicorns.

    The difference is that they have Democratic votes to repeal the medical device tax — probably enough to override an Obama veto.  So, unlike the law as a whole, it actually could be gone now.  The only reason not to is if you think the politics of it would hurt future repeal efforts, but that’s a dangerous game to play — unnecessarily leaving bad policy in place in the hope that it will let you get rid of more bad policy later if you get more power.

    • #167
  18. Mark Coolidge
    Mark
    @GumbyMark

    Leigh:

    The Cloaked Gaijin:

    Leigh:

    Mark: 2) The Medical Device Tax Repeal. Word is that GOP leadership will be making a push this fall to get this through.

    The difference is that they have Democratic votes to repeal the medical device tax — probably enough to override an Obama veto. So, unlike the law as a whole, it actually could be gone now. The only reason not to is if you think the politics of it would hurt future repeal efforts, but that’s a dangerous game to play — unnecessarily leaving bad policy in place in the hope that it will let you get rid of more bad policy later if you get more power.

    It will hurt repeal efforts and the GOP leadership knows it.  The Dems had a good strategy around passing Obamacare.  Unlike HillaryCare which attacked interest groups in the healthcare industry, Obamacare gave everyone a “little taste” only hammering those who would not fall into line.  The Republicans will be whittling away at support by passing this, along with helping Democratic senators, like Warren out, and who will turn around and criticize the GOP for being in the pocket of big business.

    • #168
  19. Mark Coolidge
    Mark
    @GumbyMark

    Frank Soto:

    Arizona Patriot: The debt continued to grow because, while spending declined, it still exceeded revenue. Part of this was a disastrous downturn in revenue, which has largely recovered. That is the natural result of a tax code heavily dependent on taxation of the wealthy in general, and capital gains in particular. Outlays in 2011 were $3.6 billion, declining — yes, actually declining, in nominal dollars — to $3.5 billion in 2014.

    The sequester was a phenomenal example of republicans outplaying the democrats.

    By the way, I agree about the sequester.

    • #169
  20. The Cloaked Gaijin Member
    The Cloaked Gaijin
    @TheCloakedGaijin

    “… the Chief Justice said (Obamacare is) a tax, and taxes are clearly what we call reconcilable. That’s the kind of measure that can be pursued with 51 votes in the Senate, and if I’m the leader of the majority next year, I commit to the American people that the repeal of Obamacare will be job one.” — Mitch McConnell, 2012

    “Well, it would take 60 votes in the senate. No one thinks we’re going to have 60 Republicans, and it would take a president, presidential signature. No one thinks we’re going to get that.” — Mitch McConnell, October 28, 2014

    As hotair.com stated, “Follow the bouncing ball. …  His 2012 comments about the mandate being a tax and therefore susceptible to a simply majority vote were made before the election that year…  McConnell would rather stick to the 60-vote threshold and let Senate Dems filibuster an O-Care repeal bill. It’ll be over quickly and he can say he gave it the old college try before moving on to more serious business.”

    Congress’ constitutional power of the purse is to be a big imaginary dream to bankruptcy…

    • #170
  21. Leigh Inactive
    Leigh
    @Leigh

    The Cloaked Gaijin: “… the Chief Justice said (Obamacare is) a tax, and taxes are clearly what we call reconcilable. That’s the kind of measure that can be pursued with 51 votes in the Senate, and if I’m the leader of the majority next year, I commit to the American people that the repeal of Obamacare will be job one.” — Mitch McConnell, 2012 “Well, it would take 60 votes in the senate. No one thinks we’re going to have 60 Republicans, and it would take a president, presidential signature. No one thinks we’re going to get that.” — Mitch McConnell, October 28, 2014

    But the 2014 quote was before that year’s election, too.  In 2012, he was speaking about the possibility of a Republican president to sign that repeal, and in 2014 that option wasn’t on the table.

    If he has a serious Republican president actively pushing a serious repeal/replace plan, McConnell will go along.  If not, that hotair comment may be correct.  Which is why I’d rather elect someone like Walker, who would have the credibility to convince a Republican Senate that a fight like this is winnable and worthwhile.

    • #171
  22. Frank Soto Member
    Frank Soto
    @FrankSoto

    The Cloaked Gaijin: Hey, here’s a plan: In 2012, House Budget Committee chairman Paul Ryan explained that (with a Democrat Senate) that “what I tell people at home is I think we can get 85 percent of (Obamacare) for sure repealed in reconciliation.” Cool, why don’t we do that?

    You need the presidency to do that.  If you can get part of it repealed before that, however small, do that too.

    • #172
  23. The Cloaked Gaijin Member
    The Cloaked Gaijin
    @TheCloakedGaijin

    Frank Soto:

    The Cloaked Gaijin: Hey, here’s a plan: In 2012, House Budget Committee chairman Paul Ryan explained that (with a Democrat Senate) that “what I tell people at home is I think we can get 85 percent of (Obamacare) for sure repealed in reconciliation.” Cool, why don’t we do that?

    You need the presidency to do that.

    So Congress’ power of the purse has always been a Constitutional lie.

    We have all these Republican legislatures around the land, but they are all useless as the greatest Republican leaders in history cannot stop President Obama.  (Suddenly the glass doesn’t seem so half-full.)

    And I thought we lived in a republic and not an automatic, autopilot, unstoppable spending dictatorship.

    • #173
  24. Frank Soto Member
    Frank Soto
    @FrankSoto

    The Cloaked Gaijin: So Congress’ power of the purse has always been a Constitutional lie.

    It sure doesn’t mean what you think it means.

    • #174
  25. Larry Koler Inactive
    Larry Koler
    @LarryKoler

    The Cloaked Gaijin:

    Frank Soto:

    The Cloaked Gaijin: Hey, here’s a plan: In 2012, House Budget Committee chairman Paul Ryan explained that (with a Democrat Senate) that “what I tell people at home is I think we can get 85 percent of (Obamacare) for sure repealed in reconciliation.” Cool, why don’t we do that?

    You need the presidency to do that.

    So Congress’ power of the purse has always been a Constitutional lie.

    We have all these Republican legislatures around the land, but they are all useless as the greatest Republican leaders in history cannot stop President Obama. (Suddenly the glass doesn’t seem so half-full.)

    And I thought we lived in a republic and not an automatic, autopilot, unstoppable spending dictatorship.

    This is all due to the cowardice of the Republican leaders. They have to be able to sustain an attack from the media blaming them — and them only — for the “shutdown.” This is the essential disfunction in our government today — the inability of these leaders to fight a protracted and righteous battle to its conclusion.

    Cowardice.

    • #175
  26. Manny Coolidge
    Manny
    @Manny

    Frank Soto:

    Manny:

    Frank, Gov’t as a percent of the GDP can be deceiving. The GDP has been down the last few years and so makes that growth seem high. GDP in the 1990′s was very high, so it makes it look as if gov;t shrank. True reduction of the size of gov”t should be compared both as a function of GDP and independent from GDP. The better the economy does not give gov’t the right to spend more, at least from a conservative perspective.

    That’s not deceiving, that’s a feature of looking at it this way. Holding spending down as the economy grows is an effective method of getting the government’s finances under control without electoral backlash.

    I’ll buy that and given we have checks and balances it’s probably the best we could do but it’s not necessarily a huge conservative victory.  More telling would be the size of gov’t with respect to inflation.  I’d like to see that.

    • #176
  27. Ford Inactive
    Ford
    @FordPenney

    James- the main point of any contention is that the ground floor is ‘flooded’. So we are now in charge of the maintenance of the building and are holding the second floor and keeping it safe?

    When we take complete ‘ownership’ of the building we are going to somehow recover the first floor or is that just the way it is and we must deal with it?

    The determined efforts by both parties over the years aren’t designed for undoing or metaphorically; pumping out the water. Winning elections is a base to start from not a success in and of itself.

    To use the phrasing- ‘Rhino squish’ the process seems to be “We are squishing ourselves to success!”

    • #177
  28. James Of England Inactive
    James Of England
    @JamesOfEngland

    The Cloaked Gaijin:

    James Of England:

    The Cloaked Gaijin:

    James Of England:

    The Cloaked Gaijin: States seem to have less and less power every year. Justice Kennedy, Justice Roberts, and the federal government seem to come up with some interesting opinions about this matter.

    Huh? …the Roberts Court has been pretty strong on Federalism.

    Oh, I don’t know what obscure issues you have in mind, but the two biggest topics the past few years have been Obamacare and homosexual marriage.

    On both of those topics in three cases, Roberts supported expanding Federalism and on both topics the meaningful change to Tenth Amendment doctrine was to expand its scope. In Sebelius, Kennedy agreed with him (and they won). In Windsor, Kennedy disagreed with him, and Roberts won. In Obergefell, there wasn’t a serious federalist argument, but to the extent that there was one, Kennedy disagreed with it and Roberts lost.

    So homosexual marriage,

    I’m opposed to the decision in Windsor, but it’s a federalist decision, supporting states’ rights against the Federal government. I’m also opposed to Obergefell, but it’s an individual rights case, not one involving states rights in any sense other than McDonald’s support for the Second Amendment involved states rights. Not every bad decision is against or even relevant to federalism.

    but not polygamy,

    I don’t understand. Do you want more action or less action taken on polygamy?

    and forcing people to buy things

    Sebelius was a states rights supporting case. It limited the Commerce clause and empowered the Tenth Amendment, giving states the ability to refuse the Medicaid expansion. There may be an individual right not to suffer the mandate, but, again, a decision being a bad decision doesn’t mean that it’s anti-federalist.

    are what James Madison, Alexander Hamilton, and John Jay were talking about when they wrote The Federalist Papers.

    You’re right about that, but that would be true whichever way the Court had ruled.

    “Established by the state” is a term that could mean almost anything, just as long as it is most harmful to freedom.

    Wow! I just never knew any of this.

    Is your argument that King v. Burwell is a states rights case? Could you explain that?

    • #178
  29. James Of England Inactive
    James Of England
    @JamesOfEngland

    The Cloaked Gaijin:

    Frank Soto:

    The Cloaked Gaijin: Hey, here’s a plan: In 2012, House Budget Committee chairman Paul Ryan explained that (with a Democrat Senate) that “what I tell people at home is I think we can get 85 percent of (Obamacare) for sure repealed in reconciliation.” Cool, why don’t we do that?

    You need the presidency to do that.

    So Congress’ power of the purse has always been a Constitutional lie.

    We have all these Republican legislatures around the land, but they are all useless as the greatest Republican leaders in history cannot stop President Obama. (Suddenly the glass doesn’t seem so half-full.)

    And I thought we lived in a republic and not an automatic, autopilot, unstoppable spending dictatorship.

    State legislatures are useless when it comes to stopping Obama from doing stuff, for the most part, yes. They’re very good at passing right to work legislation, cutting state taxes, providing school choice, reducing abortion, and stuff, though. Just because your car doesn’t do laundry well doesn’t make it a bad car; that’s not what it’s for.

    The people who are stopping Obama engaging in federal reforms are Congressmen. There’s a degree to which Federal law has an autopilot function (budgets change slowly), but the direction the budget has been changing has been positive.

    • #179
  30. James Of England Inactive
    James Of England
    @JamesOfEngland

    Mark: It will hurt repeal efforts and the GOP leadership knows it.

    Not necessarily. A key element of Walker’s Obamacare repeal and replace plan, for instance, is that the legislation can be passed through reconciliation, which means that it has to be budget neutral. That’s a lot easier if you’ve already removed the Medical Device Tax. I believe that this is true of Rubio’s plan, too, and will likely be true of all GOP proposals.

    I’m sure you can see why we can’t talk about this, too, but there are often motivations behind policymaking that aren’t cowardice.

    • #180
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