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Vocabulary > Politics > USA > Senate

 

 

 

Primary source
http://en.wikipedia.org/wiki/File:Andew_Johnson_impeachment_trial.jpg

TITLE: The Senate as a court of impeachment

for the trial of Andrew Johnson [U.S. President 1865-1869]

sketched by Theodore R. Davis.

REPRODUCTION NUMBER: LC-USZ62-1732 (b&w film copy neg.)
LC-USZ62-84930 (b&w film copy neg., pre-conservation)
MEDIUM: 1 print (2 pages) : wood engraving.
CREATED/PUBLISHED: 1868.
RELATED NAMES: Davis, Theodore R., artist.
NOTES: Illus. in: Harper's weekly,
11 April 1868
pp. 232-233.
http://lcweb2.loc.gov/cgi-bin/query/h?
pp/PPALL:@field(NUMBER+@1(cph+3a05488))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senate
http://www.senate.gov/

U.S. Senate Select Committee on Intelligence
http://intelligence.senate.gov/
http://www.nytimes.com/2009/04/29/opinion/29dowd.html?hpw

The Senate Foreign Relations Committee
http://www.usatoday.com/news/washington/2007-01-24-usa-iraq_x.htm

The Senate Foreign Relations Committee > vote of no-confidence
http://www.usatoday.com/news/washington/2007-01-24-usa-iraq_x.htm

The Senate Committee on Banking, Housing and Urban Affairs
http://banking.senate.gov/public/
http://www.nytimes.com/2010/07/16/business/economy/16fed.html
http://www.nytimes.com/2009/09/20/business/economy/20regulate.html
http://www.nytimes.com/2008/12/03/business/03auto.html

State Senator Karen S. Johnson of Arizona
http://www.nytimes.com/2008/03/05/us/05guns.html

Senators
http://www.usatoday.com/news/washington/2007-01-24-usa-iraq_x.htm

Robert C. Byrd / Cornelius Calvin Sale Jr.        1917-2010
Senator for 51 years and a member of the House for 9 years       
http://topics.nytimes.com/top/reference/timestopics/people/b/robert_c_byrd/index.html
http://www.nytimes.com/2010/06/29/us/politics/29byrd.html

Senate Democrats

Senator Richard J. Durbin, the Democratic whip

legislator
http://voices.washingtonpost.com/44/2009/08/26/a_legislator_like_no_other.html

 

 

Edward M. Kennedy / The 'Lion of the Senate'        1932-2009
Senator Edward M. Kennedy, Democrat of Massachusetts
and a member of one of the country's most influential political families,
was one of the most effective senators in American history.
http://topics.nytimes.com/top/reference/timestopics/people/k/edward_m_kennedy/index.html
http://www.guardian.co.uk/world/edward-kennedy

http://www.nytimes.com/2009/09/03/fashion/03accent.html
http://www.nytimes.com/2009/09/03/us/politics/03kennedy.html
http://www.nytimes.com/2009/08/30/us/politics/30kennedy.html
http://www.nytimes.com/2009/08/30/us/politics/30kennedy.html
http://www.nytimes.com/2009/08/29/us/politics/29vicki.html
http://www.guardian.co.uk/world/gallery/2009/aug/29/edward-kennedy
http://www.nytimes.com/2009/08/30/us/politics/30obamatext.html
http://www.nytimes.com/aponline/2009/08/29/arts/AP-US-Kennedy-Funeral.html
http://www.guardian.co.uk/world/2009/aug/28/ted-kennedy-nixon-secret-service
http://www.guardian.co.uk/world/2009/aug/27/ted-kennedy-burial
http://www.guardian.co.uk/world/2009/aug/27/edward-kennedy-usa
http://www.usatoday.com/news/washington/2009-08-26-kennedy-reaction_N.htm
http://www.nytimes.com/aponline/2009/08/26/world/AP-Kennedy-World.html
http://www.nytimes.com/aponline/2009/08/26/arts/AP-US-Kennedy-TV.html
http://www.nytimes.com/2009/08/27/us/politics/27kennedy.html
http://www.nytimes.com/2009/08/27/us/politics/27obama.html
http://video.nytimes.com/video/2009/08/26/us/politics/1194817110691/edward-m-kennedy-1932-2009.html
http://thecaucus.blogs.nytimes.com/2009/08/26/excerpts-from-kennedys-speeches/
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/26/AR2009082600063.html
http://www.washingtonpost.com/wp-srv/special/politics/ted-kennedy/index.html
http://voices.washingtonpost.com/44/2009/08/26/a_legislator_like_no_other.html
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/26/AR2009082601018.html
http://www.boston.com/news/local/breaking_news/2009/08/statement_from_24.html
http://www.legacy.com/gb2/default.aspx?bookid=5291531612458
http://www.boston.com/news/local/massachusetts/articles/2009/08/26/beyond_camelot_his_shining_moments_endure/
http://www.boston.com/news/local/massachusetts/articles/2009/08/26/fighting_hard_fighting_long/
http://www.reuters.com/article/politicsNews/idUSTRE57P0JQ20090826
http://www.reuters.com/news/video?videoId=110288&newsChannel=politicsNews
http://www.reuters.com/article/politicsNews/idUSTRE57P1K320090826?virtualBrandChannel=11611
http://www.reuters.com/article/GCA-HealthcareReform/idUSTRE57P0PJ20090826
http://www.reuters.com/article/domesticNews/idUSTRE57P0NT20090826
http://www.reuters.com/news/pictures/rpSlideshows?articleId=USRTR26LN0#a=1
http://www.guardian.co.uk/world/2009/aug/26/obituary-ted-kennedy
http://www.guardian.co.uk/world/gallery/2009/aug/26/kennedys-usa
http://www.guardian.co.uk/world/2009/aug/26/ted-kennedy-louis-susman
http://www.guardian.co.uk/world/video/2009/aug/26/obama-kennedy
http://www.guardian.co.uk/world/interactive/2009/aug/26/ted-kennedy-dies
http://www.guardian.co.uk/world/2009/aug/26/obama-ted-kennedy-ally-healthcare
http://kennedy.senate.gov/
http://kennedy.senate.gov/senator/

 

 

Boston Globe > Big Picture > Edward M. Kennedy        1932-2009
http://www.boston.com/bigpicture/2009/08/senator_ted_kennedy_19322009.html
 

 

 

Cagle cartoons > Edward M. Kennedy        1932-2009
http://www.cagle.com/news/TedKennedyObit/main.asp

 

 

 

Senator Robert F. Kennedy
http://www.nytimes.com/2008/03/17/opinion/17stevenson.html
http://topics.nytimes.com/top/reference/timestopics/people/k/robert_f_jr_kennedy/index.html

 

 

 

Act

legislation

piece of legislation

bill
http://www.nytimes.com/2009/12/18/opinion/18krugman.html
http://www.nytimes.com/2009/12/17/opinion/17thu3.html

9/11 health bill
http://www.nytimes.com/2010/12/23/nyregion/23health.html

food bill
http://www.nytimes.com/2010/12/20/us/politics/20food.html

spending bill
http://www.usatoday.com/news/washington/2007-12-18-senate-budget_N.htm

energy bill
http://www.usatoday.com/news/washington/2007-12-18-fuel-economy_N.htm

gun bill
http://www.nytimes.com/2008/03/05/us/05guns.html
http://www.reuters.com/article/domesticNews/idUSN1962838820071220

debate

health care debate
http://www.nytimes.com/2009/11/22/health/policy/22health.html

filibusters and debate curbs

The filibuster is an extra-constitutional accident
of Senate history that has become an institution.
In the classic 1939 movie "Mr. Smith Goes to Washington,"
a reporter called it "democracy's finest show,"
the "American privilege of free speech in its most dramatic form."
http://topics.nytimes.com/top/reference/timestopics/subjects/f/filibusters_and_debate_curbs/index.html

filibuster
http://www.nytimes.com/2011/01/03/opinion/03mon1.html
http://www.nytimes.com/2010/09/22/us/politics/22cong.html
http://www.nytimes.com/2010/08/28/opinion/28ornstein.html
http://www.nytimes.com/2010/01/19/opinion/l19filbuster.html
http://www.nytimes.com/2009/12/18/opinion/18krugman.html
http://video.nytimes.com/video/2009/11/25/opinion/1247465856319/bloggingheads-defending-the-filibuster.html
http://video.nytimes.com/video/2009/06/08/opinion/1194840794044/bloggingheads-kill-the-filibuster.html
http://www.nytimes.com/aponline/2009/05/27/us/politics/AP-US-Supreme-Court-Sotomayor.html

vote-blocking filibuster
http://www.nytimes.com/aponline/2009/05/27/us/politics/AP-US-Supreme-Court-Sotomayor.html

filibustering
http://www.nytimes.com/2012/01/29/opinion/sunday/filibustering-nominees-must-end.html

vote
http://www.usatoday.com/news/washington/2007-05-16-senate-iraq_N.htm

vote
http://www.usatoday.com/news/washington/2007-04-11-stemcell-bill_N.htm
http://www.usatoday.com/news/washington/2007-01-24-minimum-wage_x.htm

voice vote
http://www.nytimes.com/2007/10/04/washington/04spend.html

vote along party lines
http://www.nytimes.com/2010/01/29/business/29debt.html

roll call
http://politics.nytimes.com/congress/votes/111/senate/2/14

stall

renew
http://www.usatoday.com/news/washington/2006-07-20-votingrights_x.htm

pass
http://www.nytimes.com/2010/12/23/nyregion/23health.html
http://www.nytimes.com/2010/12/20/us/politics/20food.html
http://www.usatoday.com/news/washington/2007-12-18-senate-budget_N.htm
http://www.usatoday.com/news/washington/2007-12-18-fuel-economy_N.htm

reject
http://www.nytimes.com/2012/03/02/us/politics/senate-kills-gop-bill-opposing-contraception-policy.html

http://www.nytimes.com/2011/02/03/health/policy/03congress.html

repeal
http://www.reuters.com/article/2011/04/05/us-us-senate-healthcare-tax-idUSTRE7347K120110405

 

 

 

 

 

 

 

 

 

midterm election season        2010
http://www.nytimes.com/2010/05/17/us/politics/17kentucky.html
http://www.nytimes.com/2010/02/03/us/03illinois.html

Kentucky's Republican Primary        2010
http://www.nytimes.com/2010/05/17/us/politics/17kentucky.html

Arkansas's Democratic Primary        2010
http://www.nytimes.com/2010/05/17/us/politics/17arkansas.html

Pennsylvania's Democratic Primary 2010
http://www.nytimes.com/2010/05/17/us/politics/17pennsylvania.html

midterm elections        2006
http://www.guardian.co.uk/midterms2006/story/0,,1944291,00.html

campaign
http://www.nytimes.com/2010/05/17/us/politics/17arkansas.html

 

 

 

 

 

 

 

 

 

United States Congress
http://www.house.gov/

Congress
http://www.usatoday.com/money/economy/housing/2008-05-07-housing-assistance-debate_N.htm

Congressman

Congressional

The Capitol
http://www.aoc.gov/
http://www.loc.gov/exhibits/us.capitol/s0.html

 in the Capitol

at the Capitol
http://thecaucus.blogs.nytimes.com/2011/01/05/signs-that-change-has-arrived-at-the-capitol/

on Capitol Hill
http://www.usatoday.com/news/washington/2007-01-05-command-shift_x.htm

Capitol Hill
http://www.nytimes.com/aponline/2009/06/02/us/politics/AP-US-Sotomayor-Supreme-Court.html

lawmaker
http://www.nytimes.com/2011/12/08/opinion/hobbling-the-fight-against-terrorism.html
http://www.usatoday.com/news/washington/2008-01-31-cover31_N.htm
http://www.usatoday.com/news/washington/2007-01-03-ellison_x.htm
http://www.usatoday.com/news/washington/2006-06-14-lawmakers-finances_x.htm

bribe
http://www.usatoday.com/news/washington/2006-05-21-jefferson_x.htm

Congressional transcripts on line
http://www.fnsg.com/

The Library of Congress / Thomas
http://thomas.loc.gov/links/

Congressional Budget Office
http://topics.nytimes.com/topics/reference/timestopics/organizations/c/congressional_budget_office/index.html

convene
http://www.nytimes.com/roomfordebate/2011/01/02/watching-the-new-congress

swear in

112th Congress        2010
http://thecaucus.blogs.nytimes.com/2011/01/05/112th-congress-officially-opens/
http://www.nytimes.com/roomfordebate/2011/01/02/watching-the-new-congress

110th Congress        2007
http://www.usatoday.com/news/washington/2007-01-04-democrats-congress_x.htm

109th Congress        2005

both houses of Congress

be elected to Congress

be returned to office

statutes passed by Congress
http://www.usatoday.com/news/washington/2006-07-24-lawyers-bush_x.htm

tailored individual appropriations > earmarks

Congress > veto > override
http://www.nytimes.com/aponline/us/AP-Bush-Farm-Bill.html
http://www.usatoday.com/news/washington/2007-11-08-veto-override_N.htm

session

 lame-duck session
http://www.nytimes.com/2008/11/21/washington/21lameduck.html
http://www.nytimes.com/2008/11/12/washington/12cong.html

lame duck
http://www.nytimes.com/2010/11/23/opinion/23tues1.html

 

 

 

 

 

 

 

 

 

Senate > impeach
http://www.usatoday.com/news/washington/2006-12-09-mckinney-impeachment_x.htm

Senate > impeachment
http://memory.loc.gov/ammem/amlaw/Impeachment-Guide.html
http://www.usatoday.com/news/washington/2006-12-09-mckinney-impeachment_x.htm
http://www.guardian.co.uk/Clinton_in_crisis/Story/0,2763,208823,00.html

Senate > 'Impeaching William Jefferson Clinton, President of the United States,
for high crimes and misdemeanors.'        1998
http://www.cnn.com/SPECIALS/1999/yearinreview/top.stories/01/index.html
http://news.bbc.co.uk/1/hi/events/clinton_under_fire/latest_news/238784.stm
http://www.pbs.org/newshour/impeachment/
http://www.washingtonpost.com/wp-srv/politics/special/clinton/clinton.htm
http://thomas.loc.gov/cgi-bin/bdquery/z?d105:HE00611:@@@L&summ2=m&
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_bills&docid=f:hr611rh.txt

The Impeachment Trial of President Andrew Johnson        1868
http://memory.loc.gov/ammem/amlaw/lwcg-imp.html

 

 

 

 

 

 

 

 

 

Library of Congress > Senate Bills and Resolutions
Beginning with the 16th Congress
http://memory.loc.gov/ammem/amlaw/lwsblink.html

THOMAS
In the spirit of Thomas Jefferson,
legislative information from the Library of Congress
http://thomas.loc.gov/

 

 

 

 

 

 

 

 

 

New York State Senate
http://www.nytimes.com/2009/12/03/nyregion/03marriage.html

 

 

 

 

 

 

 

 

 

New Mexico legislature
http://www.nmlegis.gov/lcs/

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senate Rejects Repeal of Health Care Law

 

February 2, 2011
The New York Times
By DAVID M. HERSZENHORN

 

WASHINGTON — Senate Democrats on Wednesday defeated a bid by Republicans to repeal last year’s sweeping health care overhaul, as they successfully mounted a party-line defense of President Obama’s signature domestic policy achievement.

Challenges to the law will continue, however, on Capitol Hill and in the courts, with the United States Supreme Court ultimately expected to decide if the law is constitutional.

The vote was 47 to 51, with all Republicans voting unanimously for repeal but falling 13 votes short of the 60 needed to advance their proposal.

Lawmakers in both parties joined forces, however, to repeal a tax provision in the law that would impose a huge information-reporting requirement on small businesses. That vote was 81 to 17, with 34 Democrats and all 47 Republicans in favor.

Senators Joseph I. Lieberman, independent of Connecticut, and Mark Warner, Democrat of Virginia, were absent.

Republicans said after the votes that they would persist in their efforts to overturn the law. Rejecting assertions that the repeal vote was a “futile act,” Senator John Cornyn of Texas, the chairman of the Republican Senatorial Campaign Committee, declared, “These are the first steps in a long road that will culminate in 2012.”

Senator John Thune, Republican of South Dakota and a potential presidential candidate in 2012, noted that Republicans had just 40 votes when they opposed the health care bill last year, but that they had 47 as a result of winning seats in November.

“Elections do have consequences,” Mr. Thune said.

The vote to eliminate the tax provision offered a brief moment of consensus on a day otherwise characterized by angry partisan disagreement. In the latest reprise of last year’s fierce debate over the health care law, senators crossed rhetorical swords for hours of floor debate.

Republicans denounced the overhaul as impeding job creation and giving the government too big a role in the health care system. Democrats highlighted the law’s benefits, especially for the uninsured, and noted that the nonpartisan Congressional Budget Office had projected that the law would reduce future deficits.

Senator Rand Paul, Republican of Kentucky, who is an ophthalmologist, cited the law’s requirement that nearly all Americans obtain insurance as evidence that it was unconstitutional and overly intrusive.

“If you can regulate inactivity, basically the non-act of not buying insurance, then there is no aspect to our life that would left free from government regulation and intrusion,” Mr. Paul said. He added, “From my perspective as a physician, I saw that we already had too much government involvement in health care.”

But Democrats hit back hard.

“The Republicans’ obsession with repealing the new health reform law is not based on budgetary considerations,” said Senator Tom Harkin, Democrat of Iowa, the chairman of the Health, Education, Labor and Pensions Committee. “It is based strictly on ideology. They oppose the law’s crackdown on abuses by health insurance companies and they oppose any serious effort by the federal government to secure health insurance coverage for tens of millions of Americans who currently have none.”

And Senator Charles E. Schumer of New York, the No. 3 Democrat, lambasted Republicans for seeking repeal of the law without proposing an alternative.

“If my colleagues on the other side of the aisle said: ‘You know, you’re right. We have to reduce costs. We have a better way,’ and they offered a bill on the floor, well maybe we’d take a look at it,” Mr. Schumer said. “But they’re silent.” He added: “Easy to sit there and say, ‘repeal.’ What would you put in its place?”

The repeal measure, which was adopted overwhelmingly by the Republican-controlled House last month, was put forward by the Senate Republican leader, Mitch McConnell of Kentucky, as an amendment to an aviation industry bill that is now on the Senate floor.

The willingness of the majority Senate Democrats to allow a vote on the amendment reflected a deal among leaders of both parties to limit the parliamentary warfare and ease the procedural stalemates that have bogged down the Senate in recent years.

The openness to a vote also reflected confidence among Democrats that they would be able to defeat the amendment.

And they did, challenging the amendment on the grounds that it violated the budget resolution by increasing the deficit. To overcome that challenge, and win approval, Mr. McConnell needed the votes of 60 senators.

On the repeal of the tax provision, a similar challenge on budget grounds was easily surmounted. Republicans had criticized the provision, which would require businesses to file a 1099 tax form identifying anyone to whom they paid $600 or more for goods or merchandise in a year. Businesses would also be required to send copies of the form to their vendors, suppliers and contractors. The House is expected to support its repeal.

Because the tax provision was expected to result in increased tax revenue, Democrats had to come up with another way to generate the same money. The plan that was approved, sponsored by Senator Debbie Stabenow, Democrat of Michigan, rescinds $44 billion in unspent money appropriated by Congress. But it exempts the Pentagon, the Department of Veterans Affairs and the Social Security Administration from those cuts.

    Senate Rejects Repeal of Health Care Law, NYT, 2.2.2011, http://www.nytimes.com/2011/02/03/health/policy/03congress.html

 

 

 

 

 

Reform and the Filibuster

 

January 2, 2011
The New York Times

 

The new Senate will face one of its most momentous decisions in its opening hours on Wednesday: a vote on whether to change its rules to prohibit the widespread abuse of the filibuster. Americans are fed up with Washington gridlock. The Senate should seize the opportunity.

A filibuster — the catchall term for delaying or blocking a majority vote on a bill by lengthy debate or other procedures — remains a valuable tool for ensuring that a minority of senators cannot be steamrollered into silence. No one is talking about ending the practice.

Every returning Democratic senator, though, has signed a letter demanding an end to the almost automatic way the filibuster has been used in recent years. By simply raising an anonymous objection, senators can trigger a 60-vote supermajority for virtually every piece of legislation. The time has come to make senators work for their filibusters, and justify them to the public.

Critics will say that it is self-serving for Democrats to propose these reforms now, when they face a larger and more restive Republican minority. The facts of the growing procedural abuse are clearly on their side. In the last two Congressional terms, Republicans have brought 275 filibusters that Democrats have been forced to try to break. That is by far the highest number in Congressional history, and more than twice the amount in the previous two terms.

These filibusters are the reason there was no budget passed this year, and why as many as 125 nominees to executive branch positions and 48 judicial nominations were never brought to a vote. They have produced public policy that we strongly opposed, most recently preserving the tax cuts for the rich, but even bipartisan measures like the food safety bill are routinely filibustered and delayed.

The key is to find a way to ensure that any minority party — and the Democrats could find themselves there again — has leverage in the Senate without grinding every bill to an automatic halt. The most thoughtful proposal to do so was developed by Senator Jeff Merkley of Oregon, along with Tom Udall of New Mexico and a few other freshmen. It would make these major changes:

NO LAZY FILIBUSTERS At least 10 senators would have to file a filibuster petition, and members would have to speak continuously on the floor to keep the filibuster going. To ensure the seriousness of the attempt, the requirements would grow each day: five senators would have to hold the floor for the first day, 10 the second day, etc. Those conducting the filibuster would thus have to make their case on camera. (A cloture vote of 60 senators would still be required to break the blockade.)

FEWER BITES OF THE APPLE Republicans now routinely filibuster not only the final vote on a bill, but the initial motion to even debate it, as well as amendments and votes on conference committees. Breaking each of these filibusters adds days or weeks to every bill. The plan would limit filibusters to the actual passage of a bill.

MINORITY AMENDMENTS Harry Reid, the majority leader, frequently prevents Republicans from offering amendments because he fears they will lead to more opportunities to filibuster. Republicans say they mount filibusters because they are precluded from offering amendments. This situation would be resolved by allowing a fixed number of amendments from each side on a bill, followed by a fixed amount of debate on each one.

Changing these rules could be done by a simple majority of senators, but only on the first day of the session. Republicans have said that ramming through such a measure would reduce what little comity remains in the chamber.

Nonetheless, the fear of such a vote has led Republican leaders to negotiate privately with Democrats in search of a compromise, possibly on amendments. Any plan that does not require filibustering senators to hold the floor and make their case to the public would fall short. The Senate has been crippled long enough.

    Reform and the Filibuster, NYT, 2.1.2011,
    http://www.nytimes.com/2011/01/03/opinion/03mon1.html

 

 

 

 

 

Senate Repeals ‘Don’t Ask, Don’t Tell’

 

December 18, 2010
The New York Times
By CARL HULSE

 

WASHINGTON — The Senate on Saturday voted to strike down the ban on gay men and lesbians serving openly in the military, bringing to a close a 17-year struggle over a policy that forced thousands of Americans from the ranks and caused others to keep secret their sexual orientation.

By a vote of 65 to 31, with eight Republicans joining Democrats, the Senate approved and sent to President Obama a repeal of the Clinton-era law, known as “don’t ask, don’t tell,” a policy critics said amounted to government-sanctioned discrimination that treated gay, lesbian and bisexual troops as second-class citizens.

Mr. Obama hailed the action, which fulfills his pledge to reverse the ban, and said it was “time to close this chapter in our history.”

“As commander in chief, I am also absolutely convinced that making this change will only underscore the professionalism of our troops as the best-led and best-trained fighting force the world has ever known,” he said in a statement after the Senate, on a preliminary 63-to-33 vote, beat back Republican efforts to block final action on the repeal bill.

The vote marked a historic moment that some equated with the end of racial segregation in the military.

It followed an exhaustive Pentagon review that determined the policy could be changed with only isolated disruptions to unit cohesion and retention, though members of combat units and the Marine Corps expressed greater reservations about the shift. Congressional action was backed by Pentagon officials as a better alternative to a court-ordered end.

Supporters of the repeal said it was long past time to abolish what they saw as an ill-advised practice that cost valuable personnel and forced troops to lie to serve their country.

“We righted a wrong,” said Senator Joseph I. Lieberman, the independent from Connecticut and a leader of the effort to end the ban. “Today we’ve done justice.”

Before voting on the repeal, the Senate blocked a bill that would have created a path to citizenship for certain illegal immigrants who came to the United States at a young age, completed two years of college or military service and met other requirements including passing a criminal background check.

The 55-to-41 vote in favor of the citizenship bill was five votes short of the number needed to clear the way for final passage of what is known as the Dream Act.

The outcome effectively kills it for this year, and its fate beyond that is uncertain since Republicans who will assume control of the House in January oppose the measure and are unlikely to bring it to a vote.

The Senate then moved on to the military legislation, engaging in an emotional back and forth over the merits of the measure as advocates for repeal watched from galleries crowded with people interested in the fate of both the military and immigration measures.

“I don’t care who you love,” Senator Ron Wyden, Democrat of Oregon, said as the debate opened. “If you love this country enough to risk your life for it, you shouldn’t have to hide who you are.”

Mr. Wyden showed up for the Senate vote despite saying earlier that he would be unable to do so because he would be undergoing final tests before his scheduled surgery for prostate cancer on Monday.

The vote came in the final days of the 111th Congress as Democrats sought to force through a final few priorities before they turn over control of the House of Representatives to the Republicans in January and see their clout in the Senate diminished.

It represented a significant victory for the White House, Congressional advocates of lifting the ban and activists who have pushed for years to end the Pentagon policy created in 1993 under the Clinton administration as a compromise effort to end the practice of barring gay men and lesbians entirely from military service.

Saying it represented an emotional moment for members of the gay community nationwide, advocates who supported repeal of “don’t ask, don’t tell” exchanged hugs outside the Senate chamber after the vote.

“Today’s vote means gay and lesbian service members posted all around the world can stand taller knowing that ‘don’t ask, don’t tell’ will soon be coming to an end,” said Aubrey Sarvis, an Army veteran and executive director for Servicemembers Legal Defense Network.

Senator John McCain, Republican of Arizona and his party’s presidential candidate in 2008, led the opposition to the repeal and said the vote was a sad day in history.

“I hope that when we pass this legislation that we will understand that we are doing great damage,” Mr. McCain said. “And we could possibly and probably, as the commandant of the Marine Corps said, and as I have been told by literally thousands of members of the military, harm the battle effectiveness vital to the survival of our young men and women in the military.”

He and others opposed to lifting the ban said the change could harm the unit cohesion that is essential to effective military operations, particularly in combat, and deter some Americans from enlisting or pursuing a career in the military. They noted that despite support for repealing the ban from Defense Secretary Robert M. Gates and Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, other military commanders have warned that changing the practice would prove disruptive.

“This isn’t broke,” Senator James M. Inhofe, Republican of Oklahoma, said about the policy. “It is working very well.”

Other Republicans said that while the policy might need to be changed at some point, Congress should not do so when American troops are fighting overseas.

Only a week ago, the effort to repeal the “don’t ask, don’t tell” policy seemed to be dead and in danger of fading for at least two years with Republicans about to take control of the House. The provision eliminating the ban was initially included in a broader Pentagon policy bill, and Republican backers of repeal had refused to join in cutting off a filibuster against the underlying bill because of objections over limits on debate of the measure.

In a last-ditch effort, Mr. Lieberman and Senator Susan Collins of Maine, a key Republican opponent of the ban, encouraged Democratic Congressional leaders to instead pursue a vote on simply repealing it. The House passed the measure earlier in the week.

The repeal will not take effect for at least 60 days, and probably longer, while some other procedural steps are taken. In addition, the bill requires the defense secretary to determine that policies are in place to carry out the repeal “consistent with military standards for readiness, effectiveness, unit cohesion, and recruiting and retention.”

“It is going to take some time,” Ms. Collins said. “It is not going to happen overnight.”

In a statement, Mr. Gates said that once the measure was signed into law, he would “immediately proceed with the planning necessary to carry out this change carefully and methodically, but purposefully.” In the meantime, he said, “the current law and policy will remain in effect.”

Because of the delay in formally overturning the policy, Mr. Sarvis appealed to Mr. Gates to suspend any investigations into military personnel or discharge proceedings now under way. Legal challenges to the existing ban are also expected to continue until the repeal is fully carried out.

In addition to Ms. Collins, Republicans backing the repeal were Senators Scott P. Brown of Massachusetts, Richard M. Burr of North Carolina, John Ensign of Nevada, Mark Kirk of Illinois, Lisa Murkowski of Alaska, Olympia J. Snowe of Maine and George V. Voinovich of Ohio.

“It was a difficult vote for many of them,” Ms. Collins said, “but in the end they concluded, as I have concluded, that we should welcome the service of any qualified individual who is willing to put on the uniform of this country.”

Mr. Lieberman said the ban undermined the integrity of the military by forcing troops to lie. He said 14,000 people had been forced to leave the armed forces under the policy.

“What a waste,” he said.

The fight erupted in the early days of President Bill Clinton’s administration and has been a roiling political issue ever since. Mr. Obama endorsed repeal in his presidential campaign and advocates saw the current Congress as their best opportunity for ending the ban. Dozens of advocates of ending the ban — including one severely wounded in combat before being forced from the military — watched from the Senate gallery as the debate took place.

Senator Carl Levin, the Michigan Democrat who is chairman of the Armed Services Committee, dismissed Republican complaints that Democrats were trying to race through the repeal to satisfy their political supporters.

“I’m not here for partisan reasons,” Mr. Levin said. “I’m here because men and women wearing the uniform of the United States who are gay and lesbian have died for this country, because gay and lesbian men and women wearing the uniform of this country have their lives on the line right now.”

    Senate Repeals ‘Don’t Ask, Don’t Tell’, NYT, 18.12.2010, http://www.nytimes.com/2010/12/19/us/politics/19cong.html

 

 

 

 

 

The Senate Stands for Injustice

 

December 9, 2010
The New York Times

 

On one of the most shameful days in the modern history of the Senate, the Republican minority on Thursday prevented a vote to allow gay and lesbian soldiers to serve openly in the military of the United States. They chose to filibuster a vital defense bill because it also banned discrimination in the military ranks. And in an unrelated but no less callous move, they blocked consideration of help for tens of thousands of emergency workers and volunteers who became ill from the ground zero cleanup after the attacks of Sept. 11, 2001.

The senators who stood in the way of these measures must answer to the thousands of gay and lesbian soldiers who must live a lie in order to serve, or drop out. They must answer to the civilians who will not serve their country when some Americans are banned from doing so for an absurd reason, and to the military leaders who all but pleaded with them to end this unjust policy. They must answer to the workers who thought they were aiding their country by cleaning up ground zero.

The Senate majority leader, Harry Reid, said that he would allow another vote on repealing the military’s “don’t ask, don’t tell” policy in a free-standing bill later this month. That long shot is likely to be the final test of whether the Republicans are interested in allowing military equality.

Republicans wanted extra days of debate, demanding the right to amend the defense bill that contained the repeal provision, and essentially killing the bill without quite admitting to it by suffocating it of time. Mr. Reid said he had concluded that they had no intention of repealing the repressive measure, so he called for a vote.

The outcome was three votes short of the 60 needed to break the filibuster. Only one Republican, Susan Collins of Maine, voted to end the filibuster. Two Republicans who said they would vote for repeal, Lisa Murkowski of Alaska and Scott Brown of Massachusetts, voted the other way, as did one Democrat, Joe Manchin of West Virginia. Ms. Murkowski and Mr. Brown stuck with a Republican pledge to support no other measures until the tax-cut deal had been dealt with.

Mr. Reid will undoubtedly be second-guessed on his decision to call for a vote, but given the other-worldly logic of a lame-duck session, it is hard to fault his hard-bitten calculation of the Republicans’ intentions. Senator Carl Levin of Michigan, the chairman of the Armed Services Committee, said that if debate on the 850-page defense bill did not begin this week, there would be no time to finish it in the remaining few days of the session.

The defense bill would also have raised pay for soldiers, improved their medical care and provided troops in Iraq and Afghanistan with additional equipment and support. It would be the first time in 48 years that Congress did not approve such a bill — all because of an irrational prejudice against gay men and lesbians.

The filibuster on $7.4 billion in medical care and compensation for the workers at ground zero will be harrowing for the tens of thousands who labored tirelessly for weeks and eventually had to seek care under a patchwork of temporary medical and research programs in the city. These police, firefighters and waves of citizen volunteers need ongoing care for illnesses being traced to the toxic fumes, dust and smoke at ground zero.

In the House, Democrats also took a wrongheaded vote to ban transfers of prisoners from Guantánamo Bay, Cuba, to detention facilities in the United States. Attorney General Eric Holder Jr. has urged the Senate to strip the provision from the final bill.

Another measure of overdue justice — the Dream Act, which would empower the innocent children of illegal immigrants with education and public service opportunity — barely survived a Republican filibuster in the Senate after being tabled by proponents hoping to drum up support in coming days. There is little sign of encouragement, however, for that good cause or others as the 111th Congress expires in the grip of Senate Republicans demeaning public service as an exercise of naysaying.

    The Senate Stands for Injustice, NYT, 9.12.2010, http://www.nytimes.com/2010/12/10/opinion/10fri1.html

 

 

 

 

 

G.O.P. Captures House, but Not Senate

 

November 2, 2010
The New York Times
By JEFF ZELENY

 

Republicans captured control of the House of Representatives on Tuesday and expanded their voice in the Senate, riding a wave of voter discontent as they dealt a setback to President Obama just two years after his triumphal victory.

A Republican resurgence, propelled by deep economic worries and a forceful opposition to the Democratic agenda of health care and government spending, delivered defeats to House Democrats from the Northeast to the South and across the Midwest. The tide swept aside dozens of lawmakers, regardless of their seniority or their voting records, upending the balance of power for the second half of Mr. Obama’s term.

But Senator Harry Reid of Nevada, the Democratic leader, narrowly prevailed and his party hung onto control by winning hard-fought contests in California, Delaware, Connecticut and West Virginia. Republicans picked up at least six Democratic seats, including the one formerly held by Mr. Obama, and the party will welcome Marco Rubio of Florida and Rand Paul of Kentucky to their ranks, two candidates who were initially shunned by the establishment but beloved by the Tea Party movement.

“The American people’s voice was heard at the ballot box,” said Representative John A. Boehner of Ohio, who is positioned to become the next speaker of the House. “We have real work to do, and this is not the time for celebration.”

The president, who watched the election returns with a small set of advisers at the White House, called Mr. Boehner shortly after midnight to offer his congratulations and to talk about the way forward as Washington prepares for divided government. Republicans won at least 56 seats, not including those from some Western states where ballots were still being counted, surpassing the 52 seats the party won in the sweep of 1994.

The most expensive midterm election campaign in the nation’s history, fueled by a raft of contributions from outside interest groups and millions in donations to candidates in both parties, played out across a wide battleground that stretched from Alaska to Maine. The Republican tide swept into statehouse races, too, with Democrats poised to lose the majority of governorships, particularly those in key presidential swing states, like Ohio, where Gov. Ted Strickland was defeated.

One after another, once-unassailable Democrats like Senator Russ Feingold of Wisconsin, Representatives Ike Skelton of Missouri, John Spratt of South Carolina, Rick Boucher of Virginia and Chet Edwards of Texas fell to little-known Republican challengers.

“Voters sent a message that change has not happened fast enough,” said Tim Kaine, chairman of the Democratic National Committee.

Republicans did not achieve a perfect evening, losing races in several states they had once hoped to win, including the Senate contests in Delaware and Connecticut, because some candidates supported by the Tea Party movement knocked out establishment candidates to win their nominations. But they did score notable victories in some tight races, like Pat Toomey’s Senate run in Pennsylvania.

Senator Reid said in a speech that he was “more determined than ever” after his victory. “I know what it’s like to get back on your feet.”

The outcome on Tuesday was nothing short of a remarkable comeback for Republicans two years after they suffered a crushing defeat in the White House and four years after Democrats swept control of the House and Senate. It places the party back in the driver’s seat in terms of policy, posing new challenges to Mr. Obama as he faces a tough two years in his term, but also for Republicans — led by Mr. Boehner — as he suddenly finds himself in a position of responsibility, rather than being simply the outsider.

In the House, Republicans found victories in most corners of the country, including five seats in Pennsylvania, five in Ohio, at least three in Florida, Illinois and Virginia and two in Georgia. Democrats braced for the prospect of historic defeats, more than the 39 seats the Republicans needed to win control. Republicans reached their majority by taking seats east of the Mississippi even before late results flowed in from farther West.

Throughout the evening, in race after race, Republican challengers defeated Democratic incumbents, despite being at significant fund-raising disadvantages. Republican-oriented independent groups invariably came to the rescue, helping level of the playing field, including in Florida’s 24th Congressional District, in which Sandy Adams defeated Representative Suzanne Kosmas; Virginia’s 9th Congressional District, where Mr. Boucher, a 14-term incumbent, lost to Morgan Griffith; and Texas’s 17th Congressional District, in which Mr. Edwards, who was seeking his 11th term, succumbed to Bill Flores.

Democrats argued that the Republican triumph was far from complete, particularly in the Senate, pointing to the preservation of Mr. Reid and other races. In Delaware, Chris Coons defeated Christine O’Donnell, whose candidacy became a symbol of the unorthodox political candidates swept onto the ballot in Republican primary contests. In West Virginia, Gov. Joe Manchin III, a Democrat, triumphed over an insurgent Republican rival to fill the seat held for a half-century by Senator Robert C. Byrd. And in California, Senator Barbara Boxer overcame a vigorous challenge from Carly Fiorina, a Republican.

But Democrats conceded that their plans to increase voter turnout did not meet expectations, party strategists said, and extraordinary efforts that Mr. Obama made in the final days of the campaign appeared to have borne little fruit.

The president flew to Charlottesville, Va., on Friday evening, for instance, in hopes of rallying Democrats to support Representative Tom Perriello, a freshman who supported every piece of the administration’s agenda, but he was defeated despite the president’s appeals to Democrats in a state that he carried two years ago.

In governors’ races, Republicans won several contests in the nation’s middle. They held onto governorships in Texas, Nebraska and South Dakota, and had seized seats now occupied by Democrats in Tennessee, Michigan and Kansas. Sam Brownback, a United States Senator and Republican, easily took the Kansas post that Mark Parkinson, a former Republican turned Democrat, is leaving behind.

Though Democrats, who before the election held 26 governors’ seats compared to 24 for the Republicans, were expected to face losses, there were also bright spots. In New York, Attorney General Andrew M. Cuomo easily defeated the Republican, Carl P. Paladino, even as Republicans were expected to pick up seats in the state legislature and the congressional delegation. In Massachusetts, Gov. Deval Patrick won a second term.

As the election results rolled in, with Republicans picking up victories shortly after polls closed in states across the South, East and the Midwest, the House speaker, Nancy Pelosi, and other party leaders made urgent appeals through television interviews that there was still time for voters in other states to cast their ballots.

But the mood in Democratic quarters was glum, with few early signs of optimism in House or Senate races that were called early in the evening. Surveys that were conducted with voters across the country also provided little sense of hope for Democrats, with Republicans gaining a majority of independents, college-educated people and suburbanites — all groups that were part of the coalition of voters who supported Mr. Obama two years ago.

“We’ve come to take our government back,” Mr. Paul told cheering supporters who gathered in Bowling Green, Ky. “They say that the U.S. Senate is the world’s most deliberative body. I’m going to ask them to deliberate on this: The American people are unhappy with what’s going on in Washington.”

The election was a referendum on President Obama and the Democratic agenda, according to interviews with voters that were conducted for the National Election Pool, a consortium of television networks and The Associated Press, with a wide majority of the electorate saying that the country was seriously off track. Nearly nine in 10 voters said they were worried about the economy and about 4 in 10 said their family’s situation had worsened in the last two years.

The surveys found that voters were even more dissatisfied with Congress now than they were in 2006, when Democrats reclaimed control from the Republicans. Preliminary results also indicated an electorate far more conservative than four years ago, a sign of stronger turnout by people leaning toward Republicans.

Most voters said they believed Mr. Obama’s policies would hurt the country in the long run, rather than help it, and a large share of voters said they supported the Tea Party movement, which has backed insurgent candidates all across the country.

The Republican winds began blowing back in January when Democrats lost the seat long held by Senator Edward M. Kennedy of Massachusetts, with the victory of Scott P. Brown serving as a motivating force for the budding Tea Party movement and a burst of inspiration for Republican candidates across the country to step forward and challenge Democrats everywhere.

On Tuesday, the president did not leave the grounds of the White House, taking a respite from days of campaigning across the country, so he could meet with a circle of top advisers to plot a way forward for his administration and his own looming re-election campaign. The White House said Mr. Obama would hold a news conference on Wednesday to address the governing challenges that await the new Congress.

“My hope is that I can cooperate with Republicans,” Mr. Obama said in a radio interview on Tuesday. “But obviously, the kinds of compromises that will be made depends on what Capitol Hill looks like — who’s in charge.”

But even as the president was poised to offer a fresh commitment to bipartisanship, he spent the final hours of the midterm campaign trying to persuade Democrats in key states to take time to vote. From the Oval Office, Mr. Obama conducted one radio interview after another, urging black voters in particular to help preserve the party’s majority and his agenda.

“How well I’m able to move my agenda forward over the next couple of years is going to depend on folks back home having my back,” Mr. Obama said in an interview with the Chicago radio station WGCI, in which he made an unsuccessful appeal for voters to keep his former Senate seat in Democratic hands.

There was little Democratic terrain across the country that seemed immune to Republican encroachment, with many of the most competitive races being waged in states that Mr. Obama carried strongly only two years ago. From the president’s home state of Illinois to neighboring Iowa, Wisconsin, Indiana and Ohio — all places that were kind to the Democratic ticket in 2008 — Republicans worked aggressively to find new opportunities.

For all the drama surrounding the final day of the midterm campaign, more than 19 million Americans had voted before Tuesday, a trend that has grown with each election cycle over the last decade, as 32 states now offer a way for voters to practice democracy in far more convenient ways than simply waiting in line on Election Day.

 

Megan Thee-Brenan, David M. Herszenhorn

and Michael Luo contributed reporting.

    G.O.P. Captures House, but Not Senate, NYT, 2.11.2010, http://www.nytimes.com/2010/11/03/us/politics/03elect.html

 

 

 

 

 

A Filibuster Fix

 

August 27, 2010
The New York Times
By NORMAN ORNSTEIN

 

Washington

AFTER months of debate, Senate Democrats this summer broke a Republican filibuster against a bill to extend unemployment benefits. But the Republicans insisted on applying a technicality in the Senate rules that allowed for 30 more hours of floor time after a successful vote to end debate. As a result, the bill — with its desperately needed and overdue benefits for more than 2 million unemployed Americans — was pointlessly delayed a few days more.

The Senate, once the place for slow and careful deliberation, has been overtaken by a culture of obstructionism. The filibuster, once rare, is now so common that it has inverted majority rule, allowing the minority party to block, or at least delay, whatever legislation it wants to oppose. Without reform, the filibuster threatens to bring the Senate to a halt.

It is easy to forget that the widespread use of the filibuster is a recent development. From the 1920s to the 1950s, the average was about one vote to end debate, also known as a cloture motion, a year; even in the 1960s, at the height of the civil rights debates, there were only about three a year.

The number of cloture motions jumped to three a month during the partisan battles of the 1990s. But it is the last decade that has seen the filibuster become a regular part of Senate life: there was about one cloture motion a week between 2000 and 2008, and in the current Congress there have been 117 — more than two a week.

Even though there might be several motions for cloture for each filibuster, there clearly has been a remarkable increase in the use of what is meant to be the Congressional equivalent of a nuclear weapon.

Filibusters aren’t just more numerous; they’re more mundane, too. Consider an earlier bill to extend unemployment benefits, passed in late 2009. It faced two filibusters — despite bipartisan backing and its eventual passage by a 98-0 margin. A bill that should have zipped through in a few days took four weeks, including seven days of floor debate. Or take the nomination of Judge Barbara Milano Keenan to the United States Court of Appeals for the Fourth Circuit: she, too, faced a filibuster, even though she was later confirmed 99 to 0.

Part of the problem lies with today’s partisan culture, in which blocking the other party takes priority over passing legislation or confirming candidates to key positions. And part of the problem lies with changes in Senate practices during the 1970s, which allowed the minority to filibuster a piece of legislation without holding up other items of business.

But the biggest factor is the nature of the filibuster itself. Senate rules put the onus on the majority for ending a debate, regardless of how frivolous the filibuster might be.

If the majority leader wants to end a debate, he or she first calls for unanimous consent for cloture, basically a voice vote from all the senators present in the chamber. But if even one member of the filibustering minority is present to object to the motion, the majority leader has to hold a roll call vote. If the majority leader can’t round up the necessary 60 votes, the debate continues.

Getting at least 60 senators on the floor several times a week is no mean feat given travel schedules, illnesses and campaign obligations. The most recent debate over extending unemployment benefits, for example, took so long in part because the death of Senator Robert Byrd, a Democrat from West Virginia, left the majority with only 59 votes for cloture. The filibuster was brought to an end only after West Virginia’s governor appointed a replacement.

True, the filibuster has its benefits: it gives the minority party the power to block hasty legislation and force a debate on what it considers matters of national significance. So how can the Senate reform the filibuster to preserve its usefulness but prevent its abuse?

For starters, the Senate could replace the majority’s responsibility to end debate with the minority’s responsibility to keep it going. It would work like this: for the first four weeks of debate, the Senate would operate under the old rules, in which the majority has to find enough senators to vote for cloture. Once that time has elapsed, the debate would automatically end unless the minority could assemble 40 senators to continue it.

An even better step would be to return to the old “Mr. Smith Goes to Washington” model — in which a filibuster means that the Senate has to stop everything and debate around the clock — by allowing a motion requiring 40 votes to continue debate every three hours while the chamber is in continuous session. That way it is the minority that has to grab cots and mattresses and be prepared to take to the floor night and day to keep their filibuster alive.

Under such a rule, a sufficiently passionate minority could still preserve the Senate’s traditions and force an extended debate on legislation. But frivolous and obstructionist misuse of the filibuster would be a thing of the past.


Norman Ornstein is a resident scholar at the American Enterprise Institute and a co-author of “The Broken Branch: How Congress Is Failing America and How to Get It Back on Track.”

    A Filibuster Fix, NYT, 27.8.2010, http://www.nytimes.com/2010/08/28/opinion/28ornstein.html

 

 

 

 

 

Financial Oversight Bill Signals Shift on Deregulation

 

July 15, 2010
The New York Times
By BINYAMIN APPELBAUM and DAVID M. HERSZENHORN

 

WASHINGTON — Congress approved a sweeping expansion of federal financial regulation on Thursday, reflecting a renewed mistrust of financial markets after decades in which Washington stood back from Wall Street with wide-eyed admiration.

The bill, heavily promoted by President Obama and Congressional Democrats as a response to the 2008 financial crisis, cleared the Senate by a vote of 60 to 39, largely along party lines, after weeks of wrangling that allowed Democrats to pick up the three Republican votes to ensure passage.

The vote was the culmination of nearly two years of fierce lobbying and intense debate over the appropriate response to the financial excesses that dragged the nation into the worst recession since the Great Depression.

The result is a catalog of repairs and additions to the rusted infrastructure of a regulatory system that has failed to keep up with the expanding scope and complexity of modern finance.

The bill subjects more financial companies to federal oversight, regulates many derivatives contracts, and creates a panel to detect risks to the financial system along with a consumer protection regulator. It leaves a vast number of details for regulators to work out, inevitably setting off another round of battles that could last for years.

Over the last half-century, as traders and lenders increasingly drove the nation’s economic growth, politicians of both parties scrambled to get out of the way, passing a series of landmark bills that allowed financial companies to become larger, less transparent and more profitable.

Usury laws were set aside. Banks were allowed to expand across state lines, sell insurance, trade securities. The government watched and did nothing as the bulk of financial activity moved into a parallel universe of private investment funds, unregulated lenders and black markets like derivatives trading.

That era of hands-off optimism was gaveled to an end on Thursday as the Senate gave final approval to a bill that reasserts the importance of federal supervision of financial transactions.

“The financial industry is central to our nation’s ability to grow, to prosper, to compete and to innovate. This reform will foster that innovation, not hamper it,” Mr. Obama said Thursday. “Unless your business model depends on cutting corners or bilking your customers, you have nothing to fear.”

The White House said Mr. Obama would sign the legislation next week.

Democrats, who celebrated with high fives and handshakes as the bill was packed in a blue box for delivery to the White House, argue that the government’s expanded role will improve the stability of the financial system without sapping its vitality. But that project faces considerable challenges. Many investors have withdrawn from markets like commercial paper that were once seen as safe. Lenders have lost faith in borrowers. Politicians and central bankers are struggling to repair economies and restore the flow of credit.

Even the bill’s political luster no longer seems certain. Despite public anger at Wall Street, the vast majority of Republicans opposed the bill with loud confidence, betting ahead of hotly contested midterm elections that the public dislikes government even more.

Senator Richard Shelby, Republican of Alabama, described the bill as “a 2,300-page legislative monster.”

“It creates vast new bureaucracies with little accountability and seriously, I believe, undermines the competitiveness of the American economy,” Mr. Shelby said on the Senate floor before the final vote. “Unfortunately, the bill does very little to make our system safer.”

The three Republicans who voted in favor were New England moderates, Olympia J. Snowe and Susan Collins of Maine and Scott Brown of Massachusetts. The one Democratic holdout was Russ Feingold of Wisconsin, who said he voted against the bill because it was not tough enough.

The bill expands federal banking and securities regulation from its focus on banks and public markets, subjecting a wider range of financial companies to government oversight, and imposing regulation for the first time on “black markets” like the enormous trade in credit derivatives.

It creates a council of federal regulators, led by the Treasury secretary, to coordinate the detection of risks to the financial system, and it provides new powers to constrain and even dismantle troubled companies.

It also creates a powerful new regulator, appointed by the president, to protect consumers of financial products, which will be housed in the Federal Reserve. The first visible result may come in about two years, the deadline for the consumer regulator to create a simplified disclosure form for mortgage loans.

Officials are already working to prepare for the expansion of government, including finding buildings in Washington to house the new agencies.

The rhythms of Washington have long dictated that crises beget legislation, but Democrats insisted Thursday that these changes also represented a long-overdue response to the evolution of the financial industry.

“This is a public sector response to transformative changes in the private sector,” said Representative Barney Frank, Democrat of Massachusetts and a crucial author of the legislation. “You have to have rules that allow you to continue to get the benefit of the innovation but curtail abuses.”

Democrats divided initially over how to pursue that goal. Some pushed to break apart large banks and curtail risky kinds of trading. Others sought a grander overhaul of federal regulation. The administration’s approach, which prevailed, instead is focused on giving existing regulators additional powers in the hope that they will produce better results.

The legislation is painted in broad strokes, so like actors handed a script, those regulators have broad leeway to shape its meaning and its impact.

“This is a framework that has the potential to be as modern as the markets, but its efficacy will certainly depend upon the judgments that regulators make,” said Lawrence H. Summers, the president’s chief economic adviser.

The legislation, for example, requires many derivatives to be traded through clearinghouses, a form of insurance for the traders, and it requires traders to disclose pricing data to encourage competition. But regulators will decide which derivatives, and how long traders can wait to disclose pricing information.

The administration can shape that process through the appointment of new leaders for the various agencies. The Senate held confirmation hearings on Thursday for three nominees to the Fed’s board of governors. In addition to appointing a new consumer regulator, the president will nominate a new comptroller of the currency, responsible for regulating national banks.

The same groups that fought to shape the legislation — bankers and business groups, consumer advocates and trade unions — already have turned their attention to the rule-making process, seeking a second chance to influence outcomes. Much of the work must be completed over the next two years, but the bill sets some deadlines more than a decade from now.

Senator Christopher J. Dodd of Connecticut, who as banking committee chairman was a main architect of the legislation, said its success ultimately would depend on regulators’ performance.

“We can’t legislate wisdom or passion. We can’t legislate competency. All we can do is create the structures and hope that good people will be appointed who will attract other good people,” Mr. Dodd said.

Mr. Dodd said he would hold hearings beginning in September to check up on that work before he retires at the end of the year.

The legislation will be carried out mostly by the same federal workers who were on duty as the financial system collapsed. The new consumer bureau, for example, mostly will be staffed with employees transferred from the consumer divisions of the existing banking regulators, which have been excoriated by Congress and other critics for failing to protect borrowers from obvious and widespread abuses.

Administration officials said they were confident that providing new leaders for those employees and granting them new powers, would produce better results.

    Financial Oversight Bill Signals Shift on Deregulation, NYT, 15.7.2010, http://www.nytimes.com/2010/07/16/business/16regulate.html

 

 

 

 

 

Edward Kennedy, Senate Stalwart, Dies

 

August 27, 2009
The New York Times
By JOHN M. BRODER

 

Senator Edward M. Kennedy of Massachusetts, a son of one of the most storied families in American politics, a man who knew triumph and tragedy in near-equal measure and who will be remembered as one of the most effective lawmakers in the history of the Senate, died late Tuesday night. He was 77.

The death of Mr. Kennedy, who had been battling brain cancer, was announced Wednesday morning in a statement by the Kennedy family, which was already mourning the death of the Senator’s sister Eunice Kennedy Shriver two weeks earlier.

“Edward M. Kennedy – the husband, father, grandfather, brother and uncle we loved so deeply – died late Tuesday night at home in Hyannis Port,” the statement said. “We’ve lost the irreplaceable center of our family and joyous light in our lives, but the inspiration of his faith, optimism, and perseverance will live on in our hearts forever.”

Mr. Kennedy had been in precarious health since he suffered a seizure in May 2008. His doctors determined the cause had been a malignant glioma, a brain tumor that often carries a grim prognosis.

As he underwent cancer treatment, Mr. Kennedy was little seen in Washington, appearing most recently at the White House in April as Mr. Obama signed a national service bill that bears the Kennedy name. Last week Mr. Kennedy urged Massachusetts lawmakers to change state law and let Gov. Deval Patrick appoint a temporary replacement upon his death, to assure that the state’s representation in Congress would not be interrupted by a special election.

While Mr. Kennedy had been physically absent from the capital in recent months, his presence had been deeply felt as Congress weighed the most sweeping revisions to America’s health care system in decades, an effort Mr. Kennedy called “the cause of my life.”

On July 15, the Senate Health, Education, Labor and Pensions committee, which Mr. Kennedy headed, passed health care legislation, and the battle over the proposed overhaul is now consuming Capitol Hill.

Mr. Kennedy was the last surviving brother of a generation of Kennedys that dominated American politics in the 1960s and that came to embody glamour, political idealism and untimely death. The Kennedy mystique — some call it the Kennedy myth — has held the imagination of the world for decades and came to rest on the sometimes too-narrow shoulders of the brother known as Teddy.

Mr. Kennedy, who served 46 years as the most well-known Democrat in the Senate, longer than all but two other senators, was the only one of those brothers to die after reaching old age. President John F. Kennedy and Senator Robert F. Kennedy were felled by assassins’ bullets in their 40s. The eldest brother, Joseph P. Kennedy Jr., died in 1944 at the age of 29 while on a risky World War II bombing mission.

Mr. Kennedy spent much of last year in treatment and recuperation, broken by occasional public appearances and a dramatic return to the Capitol last summer to cast a decisive vote on a Medicare bill.

He electrified the opening night of the Democratic National Convention in Denver in August with an unscheduled appearance and a speech that had delegates on their feet. Many were in tears.

His gait was halting, but his voice was strong. “My fellow Democrats, my fellow Americans, it is so wonderful to be here, and nothing is going to keep me away from this special gathering tonight,” Mr. Kennedy said. “I have come here tonight to stand with you to change America, to restore its future, to rise to our best ideals and to elect Barack Obama president of the United States.”

Senator Kennedy was at or near the center of much of American history in the latter part of the 20th century and the early years of the 21st. For much of his adult life, he veered from victory to catastrophe, winning every Senate election he entered but failing in his only try for the presidency; living through the sudden deaths of his brothers and three of his nephews; being responsible for the drowning death on Chappaquiddick Island of a young woman, Mary Jo Kopechne, a former aide to his brother Robert. One of the nephews, John F. Kennedy Jr., who the family hoped would one day seek political office and keep the Kennedy tradition alive, died in a plane crash in 1999 at age 38.

Mr. Kennedy himself was almost killed, in 1964, in a plane crash, which left him with permanent back and neck problems.

He was a Rabelaisian figure in the Senate and in life, instantly recognizable by his shock of white hair, his florid, oversize face, his booming Boston brogue, his powerful but pained stride. He was a celebrity, sometimes a self-parody, a hearty friend, an implacable foe, a man of large faith and large flaws, a melancholy character who persevered, drank deeply and sang loudly. He was a Kennedy.

Senator Robert C. Byrd, Democrat of West Virginia, one of the institution’s most devoted students, said of his longtime colleague, “Ted Kennedy would have been a leader, an outstanding senator, at any period in the nation’s history.”

Mr. Byrd is one of only two senators to have served longer in the chamber than Mr. Kennedy; the other was Strom Thurmond of South Carolina. In May 2008, on learning of Mr. Kennedy’s diagnosis of a lethal brain tumor, Mr. Byrd wept openly on the floor of the Senate.

Born to one of the wealthiest American families, Mr. Kennedy spoke for the downtrodden in his public life while living the heedless private life of a playboy and a rake for many of his years. Dismissed early in his career as a lightweight and an unworthy successor to his revered brothers, he grew in stature over time by sheer longevity and by hewing to liberal principles while often crossing the partisan aisle to enact legislation. A man of unbridled appetites at times, he nevertheless brought a discipline to his public work that resulted in an impressive catalog of legislative achievement across a broad landscape of social policy.

Mr. Kennedy left his mark on legislation concerning civil rights, health care, education, voting rights and labor. He was chairman of the Senate Committee on Health, Education, Labor and Pensions at his death. But he was more than a legislator. He was a living legend whose presence insured a crowd and whose hovering figure haunted many a president.

Although he was a leading spokesman for liberal issues and a favorite target of conservative fund-raising appeals, the hallmark of his legislative success was his ability to find Republican allies to get bills passed. Perhaps the last notable example was his work with President George W. Bush to pass the No Child Left Behind education law pushed by Mr. Bush in 2001. He also co-sponsored immigration legislation with Senator John McCain, the 2008 Republican presidential nominee. One of his greatest friends and collaborators in the Senate was Orrin Hatch, the Utah Republican.

Mr. Kennedy had less impact on foreign policy than on domestic concerns, but when he spoke his voice was influential. He led the Congressional effort to impose sanctions on South Africa over apartheid, pushed for peace in Northern Ireland, won a ban on arms sales to the dictatorship in Chile and denounced the Vietnam War. In 2002, he voted against authorizing the Iraq war; later, he called that opposition “the best vote I’ve made in my 44 years in the United States Senate.”

At a pivotal moment in the 2008 Democratic presidential primaries, Mr. Kennedy endorsed Senator Obama for president, saying Mr. Obama offered America a chance for racial reconciliation and an opportunity to turn the page on the polarizing politics of the past several decades.

“He will be a president who refuses to be trapped in the patterns of the past,” Mr. Kennedy told an Obama rally in Washington on Jan. 28, 2008. “He is a leader who sees the world clearly, without being cynical. He is a fighter who cares passionately about the causes he believes in without demonizing those who hold a different view.”

Mr. Kennedy struggled for much of his life with his weight, with alcohol and with persistent tales of womanizing. In an Easter break episode in 1991 in Palm Beach, Fla., he went out drinking with his son Patrick and a nephew, William Kennedy Smith, on the night that Mr. Smith was accused of raping a woman. Mr. Smith was prosecuted in a lurid trial that fall but was acquitted.

Mr. Kennedy’s personal life stabilized in 1992 with his marriage to Victoria Anne Reggie, a Washington lawyer. His first marriage, to Joan Bennett Kennedy, ended in divorce in 1982 after 24 years.

Senator Kennedy served as a surrogate father to his brothers’ children and worked to keep the Kennedy flame alive through the Kennedy Library in Boston, the Kennedy Center in Washington and the Kennedy School of Government at Harvard University, where he helped establish the Institute of Politics.

In December, Harvard granted Mr. Kennedy a special honorary degree. He referred to Mr. Obama’s election as “not just a culmination, but a new beginning.”

He then spoke of his own life, and perhaps his legacy.

“We know the future will outlast all of us, but I believe that all of us will live on in the future we make,” he said. “I have lived a blessed time.”

Kennedy family courtiers and many other Democrats believed he would eventually win the White House and redeem the promise of his older brothers. In 1980, he took on the president of his own party, Jimmy Carter, but fell short because of Chappaquiddick, a divided party and his own weaknesses as a candidate, including an inability to articulate why he sought the office.

But as that race ended in August at the Democratic National Convention in New York, Mr. Kennedy delivered his most memorable words, wrapping his dedication to party principles in the gauzy cloak of Camelot.

“For me, a few hours ago, this campaign came to an end,” Mr. Kennedy said in the coda to a speech before a rapt audience at Madison Square Garden and on television. “For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die.”
 

 

A Family Steeped in Politics

Born Feb. 22, 1932, in Brookline, Mass., just outside Boston, Edward Moore Kennedy grew up in a family of shrewd politicians. Both his father, Joseph P. Kennedy, and his mother, the former Rose Fitzgerald, came from prominent Irish-Catholic families with long involvement in the hurly-burly of Democratic politics in Boston and Massachusetts. His father, who made a fortune in real estate, movies and banking, served in President Franklin D. Roosevelt’s administration, as the first chairman of the Securities and Exchange Commission and then as ambassador to Britain.

There were nine Kennedy children, four boys and five girls, with Edward the youngest. They grew up talking politics, power and influence because those were the things that preoccupied the mind of Joseph Kennedy. As Rose Kennedy, who took responsibility for the children’s Roman Catholic upbringing, once put it: “My babies were rocked to political lullabies.”

When Edward was born, President Herbert Hoover sent Rose a bouquet of flowers and a note of congratulations. The note came with 5 cents postage due; the framed envelope is a family heirloom.

It was understood among the children that Joseph P. Kennedy Jr., the oldest boy, would someday run for Congress and, his father hoped, the White House. When Joseph Jr. was killed in World War II, it fell to the next oldest son, John F., to run. As John said at one point in 1959 while serving in the Senate: “Just as I went into politics because Joe died, if anything happened to me tomorrow, Bobby would run for my seat in the Senate. And if Bobby died, our young brother, Ted, would take over for him.”

Although surrounded by the trappings of wealth — stately houses, servants and expensive cars — young Teddy did not enjoy a settled childhood. He bounced among the family homes in Boston, New York, London and Palm Beach, and by the time Edward was ready to enter college, he had attended 10 preparatory schools in the United States and England, finally finishing at Milton Academy, near Boston. He said that the constant moving had forced him to become more genial with strangers; indeed, he grew to be more of a natural politician than either John or Robert.

After graduating from Milton in 1950, where he showed a penchant for debating and sports but was otherwise an undistinguished student, Mr. Kennedy enrolled in Harvard, as had his father and brothers. It was at Harvard, in his freshman year, that he ran into the first of several personal troubles that were to dog him for the rest of his life: He persuaded another student to take his Spanish examination, got caught and was forced to leave the university.

Suddenly draft-eligible during the Korean War, Mr. Kennedy enlisted in the Army and served two years, securing, with his father’s help, a cushy post at NATO headquarters in Paris. In 1953, he was discharged with the rank of private first class.

Re-enrolling in Harvard, he became a more serious student, majoring in government, excelling in public speaking and playing first-string end on the football team. He graduated in 1956 with a Bachelor of Arts degree, then enrolled in the University of Virginia School of Law, where Robert had studied. There, he won the moot court competition and took a degree in 1959. Later that year, he was admitted to the Massachusetts bar.

Mr. Kennedy’s first foray into politics came in 1958, while still a law student, when he managed John’s Senate re-election campaign. There was never any real doubt that Massachusetts voters would return John Kennedy to Washington, but it was a useful internship for his youngest brother.

That same year, Mr. Kennedy married Virginia Joan Bennett, a debutante from Bronxville, a New York suburb where the Kennedys had once lived. In 1960, when John Kennedy ran for president, Edward was assigned a relatively minor role, rustling up votes in Western states that usually voted Republican. He was so enthusiastic about his task that he rode a bronco at a Montana rodeo and daringly took a ski jump at a winter sports tournament in Wisconsin to impress a crowd. The episodes were evidence of a reckless streak that repeatedly threatened his life and career.

John Kennedy’s election to the White House left vacant a Senate seat that the family considered its property. Robert Kennedy was next in line, but chose the post of attorney general instead (an act of nepotism that has since been outlawed). Edward was only 28, two years shy of the minimum age for Senate service.

So the Kennedys installed Benjamin A. Smith 2d, a family friend, as a seat-warmer until 1962, when a special election would be held and Edward would have turned 30. Edward used the time to travel the world and work as an assistant district attorney in Boston, waiving the $5,000 salary and serving instead for $1 a year.

As James Sterling Young, the director of a Kennedy Oral History Project at the University of Virginia, put it: “Most people grow up and go into politics. The Kennedys go into politics and then they grow up.”

Less than a month after turning 30 in 1962, Mr. Kennedy declared his candidacy for the remaining two years of his brother’s Senate term. He entered the race with a tailwind of family money and political prominence. Nevertheless, Edward J. McCormack Jr., the state’s attorney general and a nephew of John W. McCormack, then speaker of the United States House of Representatives, also decided to go after the seat.

It was a bitter fight, with a public rehash of the Harvard cheating episode and with Mr. McCormack charging in a televised “Teddy-Eddie” debate that Mr. Kennedy lacked maturity of judgment because he had “never worked for a living” and had never held elective office. “If your name was simply Edward Moore instead of Edward Moore Kennedy,” Mr. McCormack added, “your candidacy would be a joke.”

But the Kennedys had ushered in an era of celebrity politics, which trumped qualifications in this case. Mr. Kennedy won the primary by a two-to-one ratio, then went on to easy victory in November against the Republican candidate, George Cabot Lodge, a member of an old-line Boston family that had clashed politically with the Kennedys through the years.

When Mr. Kennedy entered the Senate in 1962, he was aware that he might be seen as an upstart, with one brother in the White House and another in the cabinet. He sought guidance on the very first day from one of the Senate’s most respected elders, Richard Russell of Georgia. “You go further if you go slow,” Senator Russell advised.

Mr. Kennedy took things slowly, especially that first year. He did his homework, was seen more than he was heard and was deferential to veteran legislators.

On Friday, Nov. 22, 1963, he was presiding over the Senate when a wire service ticker in the lobby brought the news of John Kennedy’s shooting in Dallas. Violence had claimed the second of Joseph Kennedy’s sons.

Edward was sent to Hyannis Port to break the news to his father, who had been disabled by a stroke. He returned to Washington for the televised funeral and burial, the first many Americans had seen of him. He and Robert had planned to read excerpts from John’s speeches at the Arlington burial service. At the last moment they chose not to.

A friend described him as “shattered — calm but shattered.”

 

A Deadly Plane Crash

Robert moved into the breach and was immediately discussed as a presidential prospect. Edward became a more prominent family spokesman.

The next year, he was up for re-election. A heavy favorite from the start, he was on his way to the state convention that was to renominate him when his light plane crashed in a storm near Westfield, Mass. The pilot and a Kennedy aide were killed, and Mr. Kennedy’s back and several ribs were broken. Senator Birch Bayh of Indiana pulled Mr. Kennedy from the plane.

The senator was hospitalized for the next six months, suspended immobile between a frame that resembled a waffle iron. His wife, Joan, carried on his campaign, mainly by advising voters that he was steadily recovering. He won easily over a little-known Republican, Howard Whitmore Jr.

During his convalescence, Mr. Kennedy devoted himself to his legislative work. He was briefed by a parade of Harvard professors and began to develop his positions on immigration, health care and civil rights.

“I never thought the time was lost,” he said later. “I had a lot of hours to think about what was important and what was not and about what I wanted to do with my life.”

He returned to the Senate in 1965, joining his brother Robert, who had won a seat from New York. Edward promptly entered a major fight, his first. President Lyndon B. Johnson’s Voting Rights Act was up for consideration, and Mr. Kennedy tried to strengthen it with an amendment that would have outlawed poll taxes. He lost by only four votes, serving lasting notice on his colleagues that he was a rapidly maturing legislator who could prepare a good case and argue it effectively.

Mr. Kennedy was slow to oppose the war in Vietnam, but in 1968, shortly after Robert decided to seek the presidency on an antiwar platform, Edward called the war a “monstrous outrage.”

Robert Kennedy was shot on June 5, 1968, as he celebrated his victory in the California primary, becoming the third of Joseph Kennedy’s sons to die a violent death. Edward was in San Francisco at a victory celebration. He commandeered an Air Force plane and flew to Los Angeles.

Frank Mankiewicz, Robert’s press secretary, saw Edward “leaning over the sink with the most awful expression on his face.”

“Much more than agony, more than anguish — I don’t know if there’s a word for it,” Mr. Mankiewicz said, recalling the encounter in “Edward M. Kennedy: A Biography,” by Adam Clymer (William Morrow, 1999).

Robert’s death draped Edward in the Kennedy mantle long before he was ready for it and forced him to confront his own mortality. But he summoned himself to deliver an eloquent eulogy at St. Patrick’s Cathedral in New York.

“My brother need not be idealized, or enlarged in death beyond what he was in life, to be remembered simply as a good and decent man, who saw wrong and tried to right it, saw suffering and tried to heal it, saw war and tried to stop it,” Mr. Kennedy said, his voice faltering. “Those of us who loved him and who take him to his rest today pray that what he was to us and what he wished for others will someday come to pass for all the world.”

 

A New Role as Patriarch

After the funeral, Edward Kennedy withdrew from public life and spent several months brooding, much of it while sailing off the New England coast.

Near the end of the summer of 1968, he emerged from seclusion, the sole survivor of Joseph Kennedy’s boys, ready to take over as family patriarch and substitute father to John’s and Robert’s 13 children, seemingly eager to get on with what he called his “public responsibilities.”

“There is no safety in hiding,” he declared in a speech at Holy Cross College in Worcester, Mass., in August. “Like my brothers before me, I pick up a fallen standard. Sustained by the memory of our priceless years together, I shall try to carry forward that special commitment to justice, excellence and courage that distinguished their lives.”

There was some talk of his running for president at that point. But he ultimately endorsed Hubert H. Humphrey in his losing campaign to Richard M. Nixon.

Mr. Kennedy focused more on bringing the war in Vietnam to an end and on building his Senate career. Although only 36, he challenged Senator Russell B. Long of Louisiana, one of the shrewdest, most powerful legislators on Capitol Hill, for the post of deputy majority leader. Fellow liberals sided with him, and he edged Mr. Long by five votes to become the youngest assistant majority leader, or whip, in Senate history.

He plunged into the new job with Kennedy enthusiasm. But fate, and the Kennedy recklessness, intervened on July 18, 1969. Mr. Kennedy had been at a party with several women who had been aides to Robert. The party, a liquor-soaked barbecue, was held at a rented cottage on Chappaquiddick Island, off Martha’s Vineyard. He left around midnight with Mary Jo Kopechne, 28, took a turn away from the ferry landing and drove the car off a narrow bridge on an isolated beach road. The car sank in eight feet of water, but he managed to escape. Miss Kopechne, a former campaign worker for Robert, drowned.

Mr. Kennedy did not report the accident to the authorities for almost 10 hours, explaining later that he had been so banged about by the crash that he had suffered a concussion, and that he had become so exhausted while trying to rescue Miss Kopechne that he had gone immediately to bed. A week later, he pleaded guilty to a charge of leaving the scene of an accident and was given a two-month suspended sentence.

But that was far from the end of the incident. Questions lingered in the minds of the Massachusetts authorities and of the general public. Why was the car on an isolated road? Had he been drinking? (Mr. Kennedy testified at an inquest that he had had two drinks.) What sort of relationship did Mr. Kennedy and Miss Kopechne have? Could she have been saved if he had sought help immediately? Why did the senator tell his political advisers about the accident before reporting it to the police?

The controversy became so intense that Mr. Kennedy went on television to ask Massachusetts voters whether he should resign from office. He conceded that his actions after the crash had been “indefensible.” But he steadfastly denied any intentional wrongdoing.

His constituents sent word that he should remain in the Senate. And little more than a year later, he easily won re-election to a second full term, again defeating a little-known Republican, Josiah A. Spaulding, by a three-to-two ratio. But his heart did not seem to be in his work any longer. He was sometimes absent from Senate sessions and neglected his whip duties. Senator Byrd, of West Virginia, took the job away from him by putting together a coalition of Southern and border-state Democrats to vote him out.

That loss shook Mr. Kennedy out of his lethargy. He rededicated himself to his role as a legislator. “It hurts like hell to lose,” he said, “but now I can get around the country more. And it frees me to spend more time on issues I’m interested in.” Many years later, he became friends with Mr. Byrd and told him the defeat had been the best thing that could have happened in his Senate career.

 

Turmoil at Home

In the next decade, Mr. Kennedy expanded on his national reputation, first pushing to end the war in Vietnam, then concentrating on his favorite legislative issues, especially civil rights, health, taxes, criminal laws and deregulation of the airline and trucking industries. He traveled the country, making speeches that kept him in the public eye.

But when he was mentioned as a possible candidate for president in 1972, he demurred; and when the Democratic nominee, George S. McGovern, offered him the vice-presidential nomination, Mr. Kennedy again said no, not wanting to face the inevitable Chappaquiddick questions.

In 1973, his son Edward M. Kennedy Jr., then 12, developed a bone cancer that cost him a leg. The next year, Mr. Kennedy took himself out of the 1976 race. Instead, Mr. Kennedy easily won a third full term in the Senate, and Jimmy Carter, a former one-term governor of Georgia, moved into the White House.

In early 1978, Mr. Kennedy’s wife, Joan, moved out of their sprawling contemporary house overlooking the Potomac River near McLean, Va., a Washington suburb. She took up residence in an apartment of her own in Boston, saying she wanted to “explore options other than being a housewife and mother.” But she also acknowledged a problem with alcohol, and conceded that she was increasingly uncomfortable with the pressure-cooker life that went with membership in the Kennedy clan. She began studying music and enrolled in a program for alcoholics.

The separation posed not only personal but also political problems for the senator. After Mrs. Kennedy left for Boston, there were rumors that linked the senator with other women. He maintained that he still loved his wife and indicated that the main reason for the separation was Mrs. Kennedy’s desire to work out her alcohol problem. She subsequently campaigned for him in the 1980 race, but there was never any real reconciliation, and they eventually entered divorce proceedings.

Although Mr. Kennedy supported Mr. Carter in 1976, by late 1978 he was disenchanted. Polls indicated that the senator was becoming popular while the president was losing support. In December, at a midterm Democratic convention in Memphis, Mr. Kennedy could hold back no longer. He gave a thundering speech that, in retrospect, was the opening shot in the 1980 campaign.

“Sometimes a party must sail against the wind,” he declared, referring to Mr. Carter’s economic belt-tightening and political caution. “We cannot heed the call of those who say it is time to furl the sail. The party that tore itself apart over Vietnam in the 1960s cannot afford to tear itself apart today over budget cuts in basic social programs.”

Mr. Kennedy did not then declare his candidacy. But draft-Kennedy groups began to form in early 1979, and some Democrats up for re-election in 1980 began to cast about for coattails that were longer than Mr. Carter’s.

After consulting advisers and family members over the summer of 1979, Mr. Kennedy began speaking openly of challenging the president, and on Nov. 7, 1979, he announced officially that he would run. “Our leaders have resigned themselves to defeat,” he said.

The campaign was a disaster, badly organized and appearing to lack a political or policy premise. His speeches were clumsy, and his delivery was frequently stumbling and bombastic. And in the background, Chappaquiddick always loomed. He won the New York and California primaries, but the victories were too little and came too late to unseat Mr. Carter. At the party’s nominating convention in New York, however, he stole the show with his “dream shall never die” speech.

With the approach of the 1984 election, there was the inevitable speculation that Mr. Kennedy, who had easily won re-election to the Senate in 1982, would again seek the presidency. He prepared and planned a campaign. But in the end he chose not to run, saying he wanted to spare his family a repeat of the ordeal they went through in 1980. Skeptics said he also knew he could not fight the undertow of Chappaquiddick.

 

A Full-On Senate Focus

Freed at last of the expectation that he should and would seek the White House, Mr. Kennedy devoted himself fully to his day job in the Senate. He led the fight for the 18-year-old vote, the abolition of the draft, deregulation of the airline and trucking industries, and the post-Watergate campaign finance legislation. He was deeply involved in renewals of the Voting Rights Act and the Fair Housing law of 1968. He helped establish the Occupational Safety and Health Administration. He built federal support for community health care centers, increased cancer research financing and helped create the Meals on Wheels program. He was a major proponent of a health and nutrition program for pregnant women and infants.

When Republicans took over the Senate in 1981, Mr. Kennedy requested the ranking minority position on the Labor and Public Welfare Committee, asserting that the issues before the labor and welfare panel would be more important during the Reagan years.

In the years after his failed White House bid, Mr. Kennedy also established himself as someone who made “lawmaker” mean more than a word used in headlines to describe any member of Congress. Though his personal life was a mess until his remarriage in the early 1990s, he never failed to show up prepared for a committee hearing or a floor debate.

His most notable focus was civil rights, “still the unfinished business of America,” he often said. In 1982, he led a successful fight to defeat the Reagan administration’s effort to weaken the Voting Rights Act.

In one of those bipartisan alliances that were hallmarks of his legislative successes, Mr. Kennedy worked with Senator Bob Dole, Republican of Kansas, to secure passage of the voting rights measure, and Mr. Dole got most of the credit.

Perhaps his greatest success on civil rights came in 1990 with passage of the Americans with Disabilities Act, which required employers and public facilities to make “reasonable accommodation” for the disabled. When the law was finally passed, Mr. Kennedy and others told how their views on the bill had been shaped by having relatives with disabilities. Mr. Kennedy cited his mentally disabled sister, Rosemary, and his son who had lost a leg to cancer.

Mr. Kennedy was one of Bill and Hillary Clinton’s strongest allies in their failed 1994 effort to enact national health insurance, a measure the senator had been pushing, in one form or another, since 1969.

But he kept pushing incremental reforms, and in 1997, teaming with Senator Hatch, Mr. Kennedy helped enact a landmark health care program for children in low-income families, a program now known as the State Children’s Health Insurance Program, or S-Chip.

He led efforts to increase aid for higher education and win passage of Mr. Bush’s No Child Left Behind Act. He pushed for increases in the federal minimum wage. He helped win enactment of the Medicare prescription drug benefit, one of the largest expansions of government health aid ever.

He was a forceful and successful opponent of the confirmation of Robert H. Bork to the Supreme Court. In a speech delivered within minutes of President Reagan’s nomination of Mr. Bork in 1987, Mr. Kennedy made an attack that even friendly commentators called demagogic. Mr. Bork’s “extremist view of the Constitution,” he said, meant that “Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, and schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of Americans.”

Some of Mr. Kennedy’s success as a legislator can be traced to the quality and loyalty of his staff, considered by his colleagues and outsiders alike to be the best on Capitol Hill.

“He has one of the most distinguished alumni associations of any U.S. senator,” said Ross K. Baker, a political scientist at Rutgers University who has worked in Congress. “To have served in even a minor capacity in the Kennedy office or on one of his committees is a major entry in anyone’s résumé.”

Those who have worked for Mr. Kennedy include Stephen G. Breyer, appointed to the Supreme Court by President Clinton; Gregory B. Craig, now the White House counsel; and Kenneth R. Feinberg, the Obama administration’s top official for compensation.

Mr. Kennedy “deserves recognition not just as the leading senator of his time, but as one of the greats in its history, wise in the workings of this singular institution, especially its demand to be more than partisan to accomplish much,” Mr. Clymer wrote in his biography.

“The deaths and tragedies around him would have led others to withdraw. He never quits, but sails against the wind.”

Mr. Kennedy is survived by his wife, known as Vicki; two sons, Edward M. Kennedy Jr. of Branford, Conn., and United States Representative Patrick J. Kennedy of Rhode Island; a daughter, Kara Kennedy Allen, of Bethesda, Md.; two stepchildren, Curran Raclin and Caroline Raclin, and four grandchildren. His former wife, Joan Kennedy, lives in Boston.

Mr. Kennedy is also survived by a sister, Jean Kennedy Smith, of New York. On Aug. 11, his sister Eunice Kennedy Shriver of Potomac, Md., died at age 88. Another sister, Patricia Lawford Kennedy, died in 2006. His sister Rosemary died in 2005, and his sister Kathleen died in a plane crash in 1948.

Their little brother Teddy was the youngest, the little bear whom everyone cuddled, whom no one took seriously and from whom little was expected. He reluctantly and at times awkwardly carried the Kennedy standard, with all it implied and all it required. And yet, some scholars contend, he may have proved himself the most worthy.

“He was a quintessential Kennedy, in the sense that he had all the warts as well as all the charisma and a lot of the strengths,” said Norman J. Ornstein, a political scientist at the American Enterprise Institute. “If his father, Joe, had surveyed, from an early age up to the time of his death, all of his children, his sons in particular, and asked to rank them on talents, effectiveness, likelihood to have an impact on the world, Ted would have been a very poor fourth. Joe, John, Bobby ... Ted.

“He was the survivor,” Mr. Ornstein continued. “He was not a shining star that burned brightly and faded away. He had a long, steady glow. When you survey the impact of the Kennedys on American life and politics and policy, he will end up by far being the most significant.”

    Edward Kennedy, Senate Stalwart, Dies, NYT, 27.8.2009, http://www.nytimes.com/2009/08/27/us/politics/27kennedy.html

 

 

 

 

 

Senate Drops Automaker Bailout Bid

 

December 13, 2008
The New York Times
By DAVID M. HERSZENHORN

 

WASHINGTON — The Senate on Thursday night abandoned efforts to fashion a government rescue of the American automobile industry, as Senate Republicans refused to support a bill endorsed by the White House and Congressional Democrats.

The failure to reach agreement on Capitol Hill raised a specter of financial collapse for General Motors and Chrysler, which say they may not be able to survive through this month.

After Senate Republicans balked at supporting a $14 billion auto rescue plan approved by the House on Wednesday, negotiators worked late into Thursday evening to broker a deal but deadlocked over Republican demands for steep cuts in pay and benefits by the United Automobile Workers union in 2009.

The failure in Congress to provide a financial lifeline for G.M. and Chrysler was a bruising defeat for President Bush in the waning weeks of his term, and also for President-elect Barack Obama, who earlier on Thursday urged Congress to act to avoid a further loss of jobs in an already deeply debilitated economy.

“It’s over with,” the Senate majority leader, Harry Reid of Nevada, said on the Senate floor, after it was clear that a deal could not be reached. “I dread looking at Wall Street tomorrow. It’s not going to be a pleasant sight.”

Mr. Reid added: “This is going to be a very, very bad Christmas for a lot of people as a result of what takes place here tonight.”

The Republican leader, Senator Mitch McConnell of Kentucky, said: “We have had before us this whole question of the viability of the American automobile manufacturers. None of us want to see them go down, but very few of us had anything to do with the dilemma that they have created for themselves.”

Mr. McConnell added: “The administration negotiated in good faith with the Democratic majority a proposal that was simply unacceptable to the vast majority of our side because we thought it frankly wouldn’t work.”

Moments later, the Senate fell short of the 60 votes need to bring up the auto rescue plan for consideration. The Senate voted 52 to 35 with 10 Republicans joining 40 Democrats and 2 independents in favor.

The White House said it would consider alternatives but offered no assurances.

“It’s disappointing that Congress failed to act tonight,” Tony Fratto, the deputy press secretary, said. “We think the legislation we negotiated provided an opportunity to use funds already appropriated for automakers, and presented the best chance to avoid a disorderly bankruptcy while ensuring taxpayer funds only go to firms whose stakeholders were prepared to make difficult decisions to become viable. We will evaluate our options in light of the breakdown in Congress.”

Markets reacted quickly in Asia. In Japan, the Nikkei 225 index closed down 5.6 percent after the proposal failed and other markets registered substantial retreats as well.

Immediately after the vote, the Bush administration was already coming under pressure to act on its own to prop up G.M. and Chrysler, an idea that administration officials have resisted for weeks.

House Speaker Nancy Pelosi and other lawmakers called on the administration to use the Treasury’s bigger financial system stabilization fund to help the automakers, but there may not be enough money left to do so.

About $15 billion remains of the initial $350 billion disbursed by Congress and Treasury officials have said that money is needed as a backstop for existing programs.

Democrats instantly sought to blame Republicans for the failure to aid Detroit, while a number of Republicans blamed the union. But on all sides the usual zest for political jousting seemed absent given the grim economic outlook.

“Senate Republicans’ refusal to support the bipartisan legislation passed by the House and negotiated in good faith with the White House, the Senate and the automakers is irresponsible, especially at a time of economic hardship,” Ms. Pelosi said in a statement.

She added: “The consequences of the Senate Republicans’ failure to act could be devastating to our economy, detrimental to workers, and destructive to the American automobile industry unless the President immediately directs Secretary Paulson to explore other short-term financial assistance options.”

Senator George V. Voinovich, Republican of Ohio, and a supporter of the auto rescue efforts, said: “I think it might be time for the president to step in.” Senator Christopher S. Bond, Republican of Missouri, also urged the White House to act.

So far, the Federal Reserve also has shown no willingness to step in to aid the auto industry.

Democrats have argued that the Fed has the authority to do so and some said the central bank may now have no choice but to prevent the automakers from entering bankruptcy proceedings that could have ruinous ripple effects.

G.M. and Chrysler issued statements expressing disappointment.

G.M. said: “We will assess all of our options to continue our restructuring and to obtain the means to weather the current economic crisis.”

Chrysler said it would: “continue to pursue a workable solution to help ensure the future viability of the company.”

Earlier in the day, G.M. said that it had legal advisers, including Harvey R. Miller of the firm Weil Gotshal & Manges, to consider a possible bankruptcy, which the company until now has said would be cataclysmic not just for G.M. but for Chrysler and the Ford Motor Company as well.

Ford, which is better financial shape than its competitors, had said it would not seek the emergency short-term loans for the government, but urged Congress to help its competitors because the fates of the Big Three are so closely linked.

The rescue plan approved by the House on Wednesday, by a vote of 237 to 170, would have extended $14 billion in loans to the G.M. and Chrysler and required them to submit to broad government oversight directed by a car czar to be named by Mr. Bush.

But even before the House vote, Senate Republicans voiced strong opposition to the plan, which was negotiated by Democrats and the White House.

At a luncheon with White House chief of staff, Joshua B. Bolten, on Wednesday they rebuffed his entreaties for support.

And on Thursday morning, Mr. McConnell dealt a death blow to the House-passed bill, giving a speech on the Senate floor in which he said that Republican senators would not support it mainly because it was not tough enough.

“In the end, it’s greatest single flaw is that it promises taxpayer money today for reforms that may or may not come tomorrow,” Mr. McConnell said.

Mr. McConnell, however, held out slim hope for a compromise suggesting that Republicans could rally around a proposal by Senator Bob Corker, Republican of Tennessee, to set stiffer requirements for the automakers.

Mr. Obama, whose transition team consulted with Congressional Democrats and the White House on the efforts to help the automakers, urged Congress to act in his opening remarks at a news conference on Thursday in Chicago.

“I believe our government should provide short-term assistance to the auto industry to avoid a collapse while holding the companies accountable and protecting taxpayer interests,” he said. “The legislation in Congress right now is an important step in that direction, and I’m hopeful that a final agreement can be reached this week.”

But in Washington, there was little appetite among Senate Republicans for yet another multibillion-dollar bailout of private companies. Still, with the Democrats and the White House eager to reach a deal, Mr. Corker’s proposal became the subject of intense negotiations well into the evening.

Under his plan, the automakers would have been required by March 31 to slash their debt obligations by two-thirds — an enormous sum given that G.M. alone has more than $60 billion in outstanding debt.

The automakers would also have been required to cut wages and benefits to match the average hourly wage and benefits of Nissan, Toyota and Honda employees in the United States.

It was over this proposal that the talks ultimately deadlocked with Republicans demanding that the automakers meet that goal by a certain date in 2009 and Democrats and the union urging a deadline in 2011 when the U.A.W. contract expires.

G.M. and Chrysler have said the two companies would likely not survive through this month without government aid, and the companies had already agreed to carry out sweeping reorganization plans in exchange for the help.

The negotiations over Mr. Corker’s proposals broke up about 8 p.m. and Mr. Corker left to brief his Republican colleagues on the developments.

The Republicans senators emerged from their meeting an hour later having decided they would not agree to a deal. Several blamed the autoworkers union.

“It sounds like the U.A.W. blew it up,” said Senator David Vitter, Republican of Louisiana.

Senator Richard C. Shelby of Alabama, the senior Republican on the banking committee and a leading critic of the auto bailout proposal, said: “We’re hoping that the Democrats will continue to negotiate but I think we have reached a point that labor has got to give. If they want a bill they can get one.”

The last-ditch negotiations made for a dramatic scene on the first floor of the Capitol, where high-level lobbyists for G.M. and Ford, as well as Stephen A. Feinberg, the reclusive founder of Cerberus Capital Management, the private equity firm that owns 80 percent of Chrysler, gathered with senators and legislative staff in an ornate conference room.

A Democratic aide said that there were no lobbyists present who represented Chrysler.

At times, various participants huddled in corners of the cavernous hallway outside the conference room, shielding their documents and whispering into their cellphones, as a throng of reporters and photographers waited nearby.

Some of the lobbyists and banking committee staff members huddled by two towering windows,
looking out on a frigid rain that had been falling all day.

    Senate Drops Automaker Bailout Bid, NYT, 13.12.2008, http://www.nytimes.com/2008/12/13/business/13auto.html

 

 

 

 

 

 

 

 

 

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