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Letting Congress Be Congress: Obama's Same Old Strategy

President Obama will take to the airwaves tonight to pitch the economic recovery bill to the people -- and he'll have his work cut out for him.

What becomes more apparent with each passing day in Washington is that the change in administrations has changed little about Congress' standard operating procedure, the wheeling and dealing that inspired Otto von Bismarck's famous quote about lawmaking and sausage-making.

Exhibit A: the business tax breaks in the Senate version of the stimulus bill.

Under the Senate bill, businesses would be allowed to use general energy credits to offset 100% of their income tax liability for this year and next year. That's a major change from current law, which allows general energy credits to defray only 25% of a company's tax bill. Giving businesses a complete tax holiday to entice them into energy investment doesn't sound like a bad thing on its face -- but should bailed-out banks get that benefit when they still refuse to lend at a pace that would help mend the economy?

As the lobbying firm McDermott Will & Emery noted in its report on the stimulus tax breaks:

Importantly, this [tax break] could potentially attract TARP recipients, who have limited 2009 tax attributes, to participate as tax equity investors in renewable energy projects.

Another business tax break that's looking more and more likely on the stimulus is repatriation, which would slice corporate tax rates from 35% to 5.25% for companies declaring their overseas profits on U.S. tax forms. Repatriation supporters are discussing how to impose "strict conditions" on corporations' use of repatriated cash, which sounds great. But why would Congress legislate a new version of a tax cut currently being investigated for misuse by one of its own committees?

The answer: It's just how Congress works. Senate Finance Committee Chairman Max Baucus (D-MT), who led the drafting of the tax-cut portion of the stimulus, has a reputation for working alongside Republicans on provisions that the business lobby finds amenable. That Baucus is supporting generous benefits for K Street players isn't really shocking.

What I'd like to know is whether the president is making any private attempts to change the old sausage-making modus operandi of his colleagues -- because it's not happening in public yet. And if it's happening in private, it hasn't worked yet.


16 Comments

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Looks like Nate Silver did some of the poll analysis for everyone.

It seems like the Republican onslaught has done little to shift support for the stimulus. One thing the 100% no vote did, in my opinion, is labeled the House Republicans as the party of No.

Is anyone keeping a running list of concessions that have been made on this stimulus? It would be great to have a look and make that information known to the public.

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Show me a single solitary legislative body at any point in human history that didn't work this way, and I'll concede that there is a point to this post.

Even in authoritarian and totalitarian governments, the sausage making occurs. It just occurs in the dark and, thus, involves even more unwholesome ingredients.

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Obama can play a huge part in changing how Washington works by changing how the executive branch works, and by changing the way it relates to the legislative branch.

But to think he was going to change how the legislative process works is as everyone else has pointed out, foolish naive, and fundamentally not in Obama's power. There's lots that Congress can do to reform itself, but I don't think anything changes until the people, though collective action, prove that they hold the not only the votes, but electoral purse strings as well.

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I don't understand. Legislating is like making sausage because that is the very nature of the process.

So I don't understand what Elana is talking about

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Elana has sausage on her mind apparently.

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I think Elana is suggesting that even if you like sausage you might not like the way it's made, which can be an unpleasant process. So those who are squeamish should look away.

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I'm just perplexed by the implicit assumption than anyone was expecting anything else.

But there has been a change. Reid and Pelosi make sausage like Oscar Mayer makes hot dogs. Back when Delay and Frist were in charge of the grinder, it was more like Sweeney Todd and Mrs. Lovett's meat pie business.

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Great and to the point comparison!

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OK, well at least Obama is now going on the offensive. He remains highly popular and ought to be well equipped to make good use of the bully pulpit. Good luck, Mr. President!

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Over and over Obama said power does not concede easily. Why are seemingly intelligent people from the Left, the Right and the MSM acting as if the establishment in Washington can be changed overnight? Obama's FIRST attempt at getting a bill passed doesn't get the bipartisan support he wanted and everyone goes "see, I told ya so!" "why even bother?" "bipartisanship is overrated." All this bruhaha about how nothing's changed when it's only been a little over two weeks. Obama doesn't seem to be the naive one here.

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If a stimulus to ward off Great Depression II is this controversial and hard to pass, how is anything else big and important, like health care (thanks a lot, Daschle) supposed to get done?

Not saying that panic is warranted, but neither is complacency. I guarantee you this isn't the start Obama wanted to get off to.

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Which part of this start? Did he want Daschle to hide the tax thing etc? No. Did he want a fight over a big bill? I think he looked forward to it.

He doesn't think politics is a bed of rose petals.

The bill is facing opposition for several reasons and a number of non-reasons.

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One of the things that killed Hillary's healthcare bill was her refusal to consult Congress. Obama seems to be going to the opposite extreme by letting the Dems in Congress put together inferior bills that become sitting ducks for republican guns. In the end both Congress and Obama look weak and ineffective.

One can only hope that the President now sees the folly of consulting Republicans, but shouldn't there be collaboration between the White House and Congressional Democrats? In addition to that, Obama needs to behave like the leader he is and the explainer he was during the campaign. On the other hand it's impossible to explain and defend a sorry bill.

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I agree that it's time for Obama to play his Leadership card. But I don't believe it was folly. It's progress, and progress looks like folly to the conservative mindset.

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I don't think it was folly to try to win over the party of Just Say No, but since it hasn't worked out very well for him, I would consider it folly for him to continue the same tactics. Job #1 is to make sure the Democrats are in line - see the Landreau story above.

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Tactics vary, his strategy still has potential.

I see no reason to believe that Obama has only one tactic to use. And I don't agree re Job #1, you're falling into the partisanship trap the Repos set for you!

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