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Time Out for Recess AppointmentsPosted on Jul 8, 2010By Ruth Marcus As a matter of policy, President Barack Obama’s nomination of Donald Berwick to oversee Medicare and Medicaid was inspired: Berwick, co-founder of the Institute for Healthcare Improvement, is the country’s leading evangelist for the proposition that it is possible to deliver higher-quality medical care at a lower cost. He has not only preached that gospel; he has shown that it can be translated into reality. As a matter of politics, the president’s choice of Berwick was, well, the polite word would be bold. The less polite word: boneheaded. Administration officials argue that Republicans would have seized on any nominee as an opportunity to re-litigate the health care debate. But Berwick offered opponents a loaded gun with his talk about rationing, his discussion of health reform as a matter of redistributing wealth, and his effusive praise for the British system. If the president wanted to buy a fight like this, he ought to have been better prepared to wage it. And as a matter of good government, the president’s move to snub the Senate and install Berwick by recess appointment was outrageous. Using—more accurately, abusing—this mechanism to make appointments during a Senate recess is a bipartisan temptation. All presidents succumb, and Obama is facing a more implacably recalcitrant Senate minority. Yet the original purpose of recess appointments was to let government function during the long stretches with Congress away, but that’s water under the constitutional bridge. A recess appointment should be a last step in cases of egregious delay, not one of the first. That standard was nowhere near met in Berwick’s case. Berwick was nominated to be administrator of the Centers for Medicare and Medicaid Services (CMS) on April 19, less than three months ago. He had not yet had a hearing. His committee vetting wasn’t complete. In short, Berwick is no Dawn Johnsen. Advertisement And then ... nothing. Because the Senate failed to act before ending the 2009 session, the president had to nominate her a second time. Finally, 14 months into the process, Johnsen’s nomination was withdrawn. A recess appointment—if Obama wanted to take the political heat—would have been entirely justified in her case. Not in Berwick’s. As Montana Democrat Max Baucus, the chairman of the Senate Finance Committee, said after Obama’s precipitous action, the confirmation process “serves as a check on executive power and protects ... all Americans by ensuring that crucial questions are asked of the nominee—and answered.” Bypassing the process also harms the nominee, undercutting his legitimacy and truncating the time he has to act. Berwick can serve only until December 2011, a short opportunity to make a big difference. There are legitimate explanations for Berwick’s more incendiary comments on health care. It’s too bad he didn’t get to offer them. A cynic—who, me?—might think that the administration simply preferred not to suffer the political downside of a public airing. A cynic might wonder, with Arkansas Democrat Blanche Lincoln facing a tough re-election fight, whether Berwick could even get through committee on a party-line vote. A cynic might think that the last thing Senate Majority Leader Harry Reid wanted before the election was a floor fight about rationing health care. A cynic might look at the White House explanation—that it was urgent for CMS, without a confirmed administrator since 2006, to have a leader—and ask: Then why did you dither for 15 months before nominating someone? In announcing the appointment, the president complained that “many in Congress have decided to delay critical nominations for political purposes.” True, but where’s the evidence of delay in Berwick’s case? You can’t fairly accuse the other side of political gamesmanship when you short-circuit the process and storm off the court before the first set. “To some degree, he’s damaged goods,” then-Sen. Barack Obama said in 2005 about John Bolton’s recess appointment as United Nations ambassador. Would the president say the same about Berwick? Ruth Marcus’ e-mail address is marcusr(at symbol)washpost.com. © 2010, Washington Post Writers Group Previous item: What ESPN’s Bill Simmons Superdeluxe Media Empire Means for Facts, Fans and Sports Next item: Heat Wave Silences Climate Skeptics New and Improved CommentsIf you have trouble leaving a comment, review this help page. Still having problems? Let us know. If you find yourself moderated, take a moment to review our comment policy. |
By MarthaA, July 12, 2010 at 2:46 pm Link to this comment
If only the members of the populace could learn exactly what political Conservatism really is, surely they wouldn’t vote for Conservatism, but the Right-Wing’s Conservatives are so sure of their inculcation of the populace that they are assured that it doesn’t matter to the populace, even though Conservative means they are going to try to get rid of unemployment, Social Security, Medicare, Medicaid, sell the buildings, bridges, roads and ports in our country to other countries, get even more heavily into outsourcing jobs away from the populace, start more borrowed money wars, and borrow even more money to supposedly lower taxes; it doesn’t matter that the populace will be in debt and be forced to work for slave wages all their days, as this is what Conservatism does….. and all the cows say, “Yeah!” And it is not funny, although the FOX News Network thinks it is, because they are doing it —————- the populace must be educated against destroying themselves from Right-Wing political conservative inculcation in this manner.
It is sad that renters, home mortgage payers, auto mortgage payers, Social Security participants, workers, waitresses, auto mechanics, Medicare participants, Medicaid participants, the nearly destitute and the destitute of the American populace think they are Conservative Republicans and will argue as if they had a leg to stand on, because of all the conservative political inculcation in the schools, churches and in the media—they think they must vote with God.
As long as the American populace members think that there is Godly and social help for the populace from the autocratic Conservative Right side of the spectrum, and that God is standing on the Right side of the spectrum, they sell themselves and the populace out to be outsourced, sidelined and marginalized.
It is imperative to somehow break the populace’s conservative mindset rut of destruction inculcated by the Glenn Beck Type Conservative Revolution that continues and has continued for the past 30 years. In order for there to ever be a democratic revolution against the Conservative Revolution, somehow the inculcated conservative mindset within the liberal populace must be broken, as all these poor people thinking they are Conservatives makes it impossible to ever have anything close to a democratic republic for the populace.
Report thisBy DHFabian, July 11, 2010 at 6:24 pm Link to this comment
(Unregistered commenter)
It always amazes me to see the zeal with which some can cling to an idea, no matter how often it’s proved to be wrong.
No comment board would be complete without someone’s complaint that President Obama is a socialist. Now, would some of these complainers PLEASE present some evidence? Is it because Obama raised taxes on the rich, up to the levels found in the more advanced nations? Is it because he created a legitimate welfare system, aiding those who are unable to provide for themselves? Or because govt now provides free college education to ALL qualified individuals (like they do in the modern countries, since it is in the best interests of the country)? Or is it because of laws that now require corps to pay for worker skills training while placing disincentives on exporting jobs? Or maybe because Obama enacted New Deal policies that have ended hunger and homeless?
Well, OK, none of those things happened. There is no humanitarian aid for those who have been pushed out of the job market/economic system. “Damaged” soldiers are still dumped out on the streets, no longer of use. We are unique among modern nations today in that we really do dump off our poor to live or die in the streets. As a result of welfare “reform,” the infant mortality rate among America’s poor now exceeds that of some Third World nations, and the life expectancy of our poor has been on a downhill slide, but we’re OK with that. We still embrace Hitler’s teachings, i.e., that those who can’t work are of no human worth, and are therefore disposable.
So, instead of simply flinging out the “Socialist” label like a mindless parrot, cite some examples of this socialism. I can’t find any, myself. Did I miss something?
Report thisBy MarthaA, July 11, 2010 at 4:53 pm Link to this comment
It’s the DLC Conservatives that are the problem. Conservatives are definitely not the American Populace’s Base. We, the liberal American Populace, must be about learning the difference between Conservatism and Liberal innovation and that Conservatism is not in the best interest of the American Populace by studying this essay by Ralph Waldo Emerson called “The Conservative”: http://www.emersoncentral.com/conservative.htm
“The two parties which divide the state, the party of Conservatism and that of Innovation, are very old, and have disputed the possession of the world ever since it was made. This quarrel is the subject of civil history. The conservative party established the reverend hierarchies and monarchies of the most ancient world. The battle of patrician and plebeian, of parent state and colony, of old usage and accommodation to new facts, of the rich and the poor, reappears in all countries and times. The war rages not only in battle-fields, in national councils, and ecclesiastical synods, but agitates every man’s bosom with opposing advantages every hour. On rolls the old world meantime, and now one, now the other gets the day, and still the fight renews itself as if for the first time, under new names and hot personalities.”
“It is the primal antagonism, the appearance in trifles of the two poles of nature.”
“There is always a certain meanness in the argument of conservatism, joined with a certain superiority in its fact. It affirms because it holds. Its fingers clutch the fact, and it will not open its eyes to see a better fact. The castle, which conservatism is set to defend, is the actual state of things, good and bad. The project of innovation is the best possible state of things. Of course, conservatism always has the worst of the argument, is always apologizing, pleading a necessity, pleading that to change would be to deteriorate; it must saddle itself with the mountainous load of the violence and vice of society, must deny the possibility of good, deny ideas, and suspect and stone the prophet; whilst innovation is always in the right, triumphant, attacking, and sure of final success. Conservatism stands on man’s confessed limitations; reform on his indisputable infinitude; conservatism on circumstance; liberalism on power; one goes to make an adroit member of the social frame; the other to postpone all things to the man himself; conservatism is debonnair and social; reform is individual and imperious. We are reformers in spring and summer; in autumn and winter, we stand by the old; reformers in the morning, conservers at night. Reform is affirmative, conservatism negative; conservatism goes for comfort, reform for truth. Conservatism is more candid to behold another’s worth; reform more disposed to maintain and increase its own. Conservatism makes no poetry, breathes no prayer, has no invention; it is all memory. Reform has no gratitude, no prudence, no husbandry. It makes a great difference to your figure and to your thought, whether your foot is advancing or receding. Conservatism never puts the foot forward; in the hour when it does that, it is not establishment, but reform. Conservatism tends to universal seeming and treachery, believes in a negative fate; believes that men’s temper governs them; that for me, it avails not to trust in principles; they will fail me; I must bend a little; it distrusts nature; it thinks there is a general law without a particular application, — law for all that does not include any one. Reform in its antagonism inclines to asinine resistance, to kick with hoofs; it runs to egotism and bloated self-conceit; it runs to a bodiless pretension, to unnatural refining and elevation, which ends in hypocrisy and sensual reaction.”
“And so whilst we do not go beyond general statements, it may be safely affirmed of these two metaphysical antagonists, that each is a good half, but an impossible whole.”
Report thishttp://www.emersoncentral.com/conservative.htm
By ardee, July 11, 2010 at 4:39 am Link to this comment
I believe there are still over 170 unconfirmed Obama appointments pending before the Congress. They are being blocked in a strictly partisan effort by a negative GOP and an incompetent Democratic majority.
While George Bush was piling up one unsuitable appointee after the next Democrats said, in an effort to assuage the hurt at their inability to block or even slow the nominating process,” the president deserves his choices”. Well, the same applies now.
Bush did use recess appointments, in 2003 alone he made eleven of them, and now , with the appointment shoe on the donkey’s foot instead of the elephant’s, the partisans criticize that tactic but block every one in session or in committee.
I detested the Bush eight years, and now I feel the same about Obama’s first two, but I think this issue a straw man and indicative of the dis-functionality of our Govt.
Report thisBy SoTexGuy, July 10, 2010 at 11:41 am Link to this comment
I look with much skepticism at R. Marcus’ posts since her unfair and prejudicial statements in her ‘Soaking the Rich’ article..
This one has some merit in that it details Obama’s weakness in not being able to garner Congressional support for his nominees.. On the other hand her saying it would be unfair for the President to use the tools he has (as previous administrations have) to get the right people in positions .. is outrageous.
Adios.
Report thisBy troop412, July 10, 2010 at 10:24 am Link to this comment
I doubt Ruth had a problem with Bush using recess appointments, considering one of them was Jon Liebowitz to the Federal Trade Commission. “He lives in Bethesda with his wife, Ruth Marcus, and his two daughters, Emma and Julia.”
Report thishttp://www.ftc.gov/commissioners/leibowitz/index.shtml
By amike, July 9, 2010 at 7:25 pm Link to this comment
I’m afraid I join the majority of the comments so far. It strikes me that Ms. Marcus wants to have her cake and eat it, too. If she likes the nominee, then by all means use a recess appointment. If she doesn’t, well, then using a recess appointment is egregious and untimely if it doesn’t meet whatever level or standard of appropriateness she had in mind. She keeps that standard IN her mind. How many months is “enough, already”? We don’t know. I guess that’s for her to know and us not to find out.
I’m also unsure why she thinks it should take more than 2.5 months to complete the vetting process for a known quantity like Berwick. As Marcus says, he’s been anything but quiet about his views. What is the Senate staff for, if not to do this kind of vetting expeditiously? How many months would Marcus think appropriate for a Supreme Court nominee? If 2.5 is not too much for a policy administrator like Berwick, how much is too much for a Supreme Court nominee like Kagan? Six Months? A Year?
I’d accuse Ms. Marcus of a double standard, but the standards are not stated, so I’ll hold that charge until she clarifies. It is easier to hold a charge than to hold one’s breath.
Report thisBy GaryB, July 9, 2010 at 10:07 am Link to this comment
(Unregistered commenter)
Let’s face it, no matter how much you complain, these politicians do not really care. All they care about is getting reelected. When Adolph Hitler began to squeeze Germany with his grip of control, all the artist-types fled the country. Besides traditional artists, many great thinkers, top business leaders, scientists, and educators fled as well (including Albert Einstein, who fled to America in 1932). With this new wave of socialism, ushered in by Barack Obama and his comrades (Jon Tester and Max Baucus are clearly a socialists based on their support of Leader Obama and his socialist programs), and the general downfall of American tradition, I think you will see more people fleeing America.
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By John P. Teschke, July 9, 2010 at 10:06 am Link to this comment
(Unregistered commenter)
The filibuster system shows that the Senate now is dysfunctional. It’s true that Obama has been a disappointment, but the Senate has been more so. In this instance, the action was justified and should have been done with Dawn Johnsen. In any event, the structure is broken, and I hold out little hope for any improvement no matter what.
Report thisBy TripleGreenCentury, July 9, 2010 at 9:24 am Link to this comment
The facts presented lead me to agree that Obama made the correct decision. If the nomination took place more than 3 months ago and there hasn’t even been a single hearing…? That pretty much says the process has stalled and now Obama has put a leader in place of a large organization that has had no leadership direction in 5 years!
The writer is taking a single event out of context with the big picture; therefore, it is very misleading to try and convince readers that this is a cut and dried case. Very bad writing. Please stick to presenting news and let others come to a LOGICAL conclusion.
Report thisBy falken751, July 9, 2010 at 5:17 am Link to this comment
Ruth Marcus, you sound like a tea bagger with your whining and bitching. Why do you have someone like her writing crap like this?
Report thisBy RBShea, July 9, 2010 at 4:36 am Link to this comment
(Unregistered commenter)
Hey, Ruth…You ignore the reality of Republicans like Richard Shelby blocking
Report thisObama appointments at all levels. I’m wondering why Obama has waited so long to
do more not lessrecess appointments. His dawdling and not calling out the Repugs
is disappointing and, as the Repugs hope, damaging his increasingly limited
impact on governance and operations.
By nvliberal, July 8, 2010 at 10:36 pm Link to this comment
(Unregistered commenter)
I think Marcus misses the point that the Republicans will obstruct and delay any appointment to CMS or other positions. When Republicans place blanket holds on all appointees, it is obvious that the Republicans are only interested in scoring political points. The Senate is broke for a number of reasons (1) the use of the “fillibuster” on ordinary business (2) the refusal of the Democrats to play hardball with the Republicans (3) fake Democrats who are interested in obeying their corporate paymasters.
Report thisBy kerryrose, July 8, 2010 at 4:44 pm Link to this comment
Marcus
Getting sick of you. Take a vacation.
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