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The framers respected majority rule … January 4, 2012

Posted by WillardWhyte in 2012 elections, Financial Reform, Obama, Politics.
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… and built a government around it, one that has served us extremely well over our 230-odd years. They were careful to not design their government with slavish adherence to this rule,  building in numerous checks and balances on power — among branches, within branches and with frequent elections to reflect changing public sentiments.

Over time,  both the Senate and House arrived at rules, procedures and courtesies that allowed the machinery of government to move, with a very healthy respect for minority opinion and stature. This all came together to form a government that moved slowly, with consideration and conservation — by design.

The filibuster for centuries was the Death Star — the ultimate weapon for a minority in Congress to employ to draw a very firm line in the sand on a matter not routine, a matter that went to the very core of principle.

Of late, that weapon has become a tool used by the minority in Congress to impose its will on the nation, on matters large and small, petty and of portent. It no longer relates to principle, except by extension from a minor matter down a very long tortuous logic chain to a “principal” such as a question of the relative strength of government overall, perhaps, or of methodology.

It has been used to usurp majority rule and, with intent, to bring the functioning of duly elected government to a halt.

Today the President said: “Enough.” He went ahead and used his recess appointment power to install Richard Cordray as head of the Consumer Financial Protection Bureau, a much-needed agency enacted into law in 2009.

Republicans who opposed the Dodd-Frank financial reform bill in 2009 lost that vote to a healthy majority after many compromises were incorporated into the bill to accommodate the minority’s views. What initially was proposed as a separate, standalone agency was moved within the Treasury Department — a concession to those who feared it could become a rogue operating on its own, with its own budget and no oversight by people with sufficient respect for the needs of lenders, be they banks, near-banks or the many non-bank actors making payday loans.

Some Republicans see no need at all for an agency acting to require fair, open and honest lending — and debt instruments a common person can understand. They have attempted for more than a year to overturn the majority verdict on this bureau with stalemate, backed by the threat of filibuster on any and all nominees to head this lawfully established agency. They lacked the votes to alter the enabling legislation, so they dug in their heels and refused to allow an up-or-down vote on the matter.

Now in nine months, the voters will listen to candidates for Congress, and all are welcome to discuss the merits of the law establishing this agency, any and all flaws in its establishment and propose any and all remedies. Perhaps their arguments will be telling and help win the election of a majority of like-thinkers to the House and the Senate — and perhaps even the White House.

At that point, they would be a majority backed by a clear vote and able to adopt a bill altering the current law. That’s how the Constitution set things up to work.

The minority view on a matter is not ignored or trampled. But the majority will holds sway until a new majority is elected and alters course.

A great many of the Republicans in Congress — and the voices over the air who urge them on — have worked now for more than a year to subvert the system that the Constitution established, many of them resorting to a suggestion that the vote of 2010 that granted the GOP a majority in the House came with a mantle anointing all of their views as blessed by a national majority.

Not so. Not so because the Founders were wise enough to not frame their government as a reflection of Parliament, to temper their democracy with systems that required the passage of considerable time to enable a majority voice to emerge fully formed, discussed and tempered.

The majority still rules in this nation and today the President spoke very forcefully in defense of that Constitutional concept — one the GOP with its long-running obstructionism has degraded to the detriment of the nation.

Voters who have watched this tyranny of a minority within a minority should mind the larger lesson: If this is how this party behaves with a share of power — with complete disrespect for majority rule — how do you think it would conduct business with majority power?

Clearly, the cadre sent to D.C. in 2010 have no respect whatever for any opinion other than their own, making them a danger to the nation and its people.

 

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