Wednesday, July 25, 2012

Five "Citizen" Plaintiffs in Petition Challenge All Connected to Democratic Party

The Washington Post is reporting "The Maryland Democratic Party joined with five other plaintiffs Tuesday in bringing a legal challenge against the State Board of Elections for allowing a referendum to move forward on Maryland’s new congressional map."

However, information provided to me shows each of the five other plaintiffs have considerable connections to the Democratic party. So essentially the Maryland Democratic Party has joined with the Maryland Democratic Party in this attempt to deny the people their right to petition.

Name
Connection
Source

Dennis Whitley III


Prince George’s County Democratic Central Committee
Elected by Prince George's County Democratic Voters to 4-year terms:
Legislative Dist. 21: Dennis Whitley III.




Anne Neal


Central Baltimore County Democratic Club
President



See page 2

Karren Jo Pope-Onwukwe


Maryland Democratic National Committeewoman



Joanna Hanes-Lahr


Hosts the workshop on the Annapolis/Capital Area Battleground or Recruitment Phone Bank This Week (see the link - >>>>)




Matthew Thomas


Prince George’s County Democratic Central Committee
Elected by Prince George's County Democratic Voters to 4-year terms:
Legislative Dist. 27A:  Matthew Thomas




Thanks to Howard L. Gorrell.

Friday, July 20, 2012

Congressional Dysfunction, Part 2 - The Rise of Progressive Democrats: 1958-1974

Democrats emerged from the midterm elections of 1930 as the majority party in American politics for the next four decades. Since the end of Reconstruction, much of the south was home to a single party – the Democrats. As a result, the safest seats and the most senior members of the party hailed from the states of the old Confederacy. During this era, coalition building and negotiations with the White House were a joint endeavor. Party leadership needed the consent and cooperation of committee chairs. It was a productive system, but it achieved efficiency and expediency at the expense of deliberation and the full participation of junior, mostly northern liberal, members. Conservative southern Democrats exercised their power as committee chairs to block or significantly amend progressive Democratic legislation. Junior members lacked institutional support and meaningful committee assignments. Progressive Democrats lacked the power of numbers needed to overcome their conservative Southern counterparts.

Though Democrats as well as Republicans in Congress occupied a middle ground for several decades, Democrats began a trek away from the political center near the end of the 1950s. Indeed, the election of 1958 brought with it an influx of new Democratic members in the House (48) and Senate (15), mostly northern liberals. In the election of 1964, President Lyndon Johnson crushed Republican Senator Barry Goldwater. The tidal wave of Johnson’s victory brought 48 freshman Democrats to the House of Representatives and the defeat by Republicans of several southern Democrats. As shown in Figure 4.1, Panel A, the ideological make-up of the Democratic Party was beginning to move left. The balance of power was shifting within the party as well, prompting greater pressure for internal reforms to empower individual members of Congress. The post-Watergate midterm election of 1974 sealed the fate of the Southern Democrats and the era of the textbook Congress referenced by Mayhew. In the election of 1974 Democrats netted 49 seats in Congress, but elected 75 freshman members. The vestiges of the textbook Congress were disappearing, as approximately 85 percent of the members in Congress in 1975 had not been in Congress prior to 1958.

Pressure from Within

The freshman class of Democrats elected in 1958 still lacked power, but they began the pursuit of institutional reforms that would distribute more evenly the powers in Congress. They formed the Democratic Study Group (DSG), a caucus of progressive members dedicated to advancing liberal causes in the House. The efforts of these members and of the DSG met with significant resistance.

Though many issues during the late 1950s and early 1960s contributed to the frustrations of progressive Democrats, few were as crucial as the push for civil rights protections. In 1959, a civil rights bill was reported out of the House Judiciary Committee (chaired by a liberal Democrat from New York), but was then held captive by the Rules Committee when its chair Howard Smith (D-VA), a conservative civil rights opponent, refused to hold hearings. In the Senate, the measure was referred to a Judiciary Committee chaired by a Mississippi Democrat. In the end, civil right opponents viewed the legislation that ultimately emerged in 1960 as a toothless measure watered down to ensure passage. However, the battles of 1959 and 1960 did result in important changes in Congress. The Senate changed its rules to ensure that every member received one major committee assignment, resulting in greater committee participation by junior members. In the House, following the election of John Kennedy in 1960, progressive Democrats convinced the Speaker to increase the size of the Rules Committee to avoid the embarrassment of having the president’s agenda blocked.  This change proved crucial as the House considered the bill that would become the Civil Rights Act of 1964. Though Smith tried to block the legislation, he was compelled to send it to the floor by a majority of his committee members.

The election of Republican President Richard Nixon and the arrival of divided government made the seniority situation intolerable for progressive Democrats. Congress became the repository of the progressive Democratic agenda and the push for internal reforms accelerated after the loss of the White House. The Democratic caucus adopted a rule in 1969 requiring monthly party meetings rather than a single meeting at the start of each Congress. Another new rule provided for party ratification of committee members.   As these were changes to party rules, and not House or Senate rules, they enhanced the power of the party caucus and precluded Southern Democrats from colluding with Republicans to thwart reform efforts on the floor.  A “subcommittee bill of rights” received passage in 1973 granting subcommittees and their chairs independence from their parent committee chairs and subcommittees gained budgets and support through staff. Between 1971 and 1975 series of party rules changes subjected committee chairs to the secret ballot approval of the Democratic caucus. In 1975, as the new Congress was organizing, the Democratic caucus ousted three prominent committee chairs, among them two Southern Democrats.  The seniority system that had been the source of power for the now minority Southern Democrats and a hallmark of the textbook Congress was gone.

Under the Legislative Reorganization Act of 1970 closed door committee meetings were discouraged, committees were required to have formal written rules, committee roll-call votes were to be made public, the rights of minority members were protected, and committee hearings were opened to radio and television coverage. The act provided for the recording of roll call votes on the floor. Until then, the only way to know how a member of Congress had voted was to stand in the viewing gallery and watch the vote.

In this new era, the number of subcommittees grew rapidly, reaching 139 by 1976 – twice the number as in the House just 20 years prior. The growth in number and power of subcommittees, coupled with an influx of new Democratic House members and an increasingly liberal Democratic caucus, saw power distributed among 139 subcommittees and the party’s 291 members. The era following the reforms of the early 1970s received the labels of the era of the subcommittee and the era of the individual member. Regardless of the label, it was a period of decentralization and diffuse power.

Individual members long enjoyed the ability to influence the legislative process in the Senate. In a chamber where most business requires the unanimous consent of members, it was the unwritten rules of the chamber, the behavioral norms, which prevented obstruction.  Among the “acceptable” behavior for Senators of the time was an expected period of apprenticeship and deference to senior Senators, courtesy and reciprocity toward fellow Senators, and a commitment to the institution over all else. This often meant exercising restraint in the use of formal powers.

The Legislative Reorganization Act of 1970 signaled a move away from powerful committees and toward more power for subcommittees and individual members in the Senate. Committee members gained the ability to call for hearings, minority members received the ability to call witnesses, and individual members gained additional staff and resources. The Senate changed its rules in 1975 to reduce the power of the filibuster as a means of minority obstruction. The two-thirds (67 vote) majority required to invoke cloture – to end debate – was reduced to a three-fifth majority (60 votes).

The cumulative effect of these changes was a significant decentralization of power within Congress. Members in the House and Senate gained access to staff and resources, member offices received computers, and additional funds for their district offices. The Congressional Research Service – which provides policy and legal analysis to committees and members – grew in size and resources. Members of Congress professionalized. Professionalism grew in the legislative branch in the 1960s and 1970s with the lengthening of congressional careers.  The number of professional staff grew to help lawmakers become electorally secure by solving constituent problems with “casework” and delivering federal funds for constituency projects – “porkbarreling.” 

In 1960, the total individual staff for Representatives was 2,444. By 1974 that had grown to 5,109 and individual member payroll for staff had increased nearly tenfold.  Comparable increases occurred in staffs for individual Senators, chamber staffs and committee staff.  Committee staff in the House number 394 in 1960, swelled to 1843 by 1981 and remained well above 1960’s total at 1241 in 2005.  In the Senate, committee staff stood at 433 in 1960 before jumping to 1022 in 1981 and remained at 883 in 2005. The total congressional workforce grew dramatically during the period between the late 1960s and 1980. We explore the implications of that growth in chapter six.

Pressure from Without

The constituencies of the parties were changing considerably and adding to the newly emerging distance between Democrats and Republicans in Congress. The passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965 increased voter registration by African-Americans, especially in the south, and brought African-Americans into the Democratic Party fold.  African-American voter registration rates jumped from 6.7 percent before passage of the acts to 59.8 percent by 1967 in Mississippi alone. Their increased participation in Democratic party politics contributed to the primary defeats of conservative southern Democrats in states such as Louisiana and Virginia (where House Rules Committee chair Howard Smith (D-VA) lost the nomination to a liberal challenger) at the hands of partisans more in line with the party’s emerging progressive majority. This provided an opportunity for Republican candidates in the south, as they were better able to defeat liberal Democratic nominees. Steadily, either southern Democrats lost elections or they began to tow the party line more frequently.

The south was not the only region to experience change. In a series of court rulings during the 1960s the manner in which states created congressional districts was greatly altered. In 1964 in Wesberry v. Sanders, the U.S. Supreme Court ruled that congressional districts must contain approximately the same number of people. Many states had not engaged in reapportionment or the redrawing of congressional districts to reflect population change for decades. Over the course of the next decade states engaged in a dramatic overhaul of congressional districts. Once dominant rural areas saw power and representation shift to newly emerging suburbs and urban areas achieved equitable representation. Reapportionment made Democrats more attentive to the demands of black voters in the north just as the Civil Rights Act and Voting Rights Act had in the south.

Sprawling suburban development resulted in more heterogeneous district populations and presented new challenges for representatives in the House. It was more difficult to campaign and to reach out to voters in these new suburban districts as they lacked either the community centers of urban areas or the shared history of rural areas. The varied interests, needs, and demands of these new districts required elected representatives to diversify their legislative portfolios and to reach beyond the committee specific specialization of the textbook Congress. Candidates and incumbents needed a new method for securing victory. The rise of interest groups offered one such method as these advocacy organizations provided candidates and members of Congress with a means for connecting with constituencies.

Concomitant with the rise in the number of associations in the 1960s was a rise in the number congressional staff. Newly empowered members of Congress fought to expand subcommittee jurisdictions to engage emerging policy issues. The dramatic increase in the number of bills subject to multiple committee referrals offers evidence of this expansion. Multiple referrals were once quite rare in Congress, but have become quite commonplace since the late 1960s. Jurisdictional expansion and multiple referrals in turn attracted the attention of interest groups seeking to influence policy. Members derived electoral support from these groups. In return for electoral support, the groups attained access to the policy process. A self-reinforcing mechanism resulted, encouraging both more lobbying by associations and additional efforts by members to expand their sphere of policy influence. The number of congressional personnel grew at a pace similar to the rise in the number of associations between 1964 and 1980.

Though Democrats dominated national politics and Congress for much of the time since 1932, electoral changes were breaking that hold on power.  As African-Americans moved toward the Democrats, white southerners and white working class voters began to move away. Republicans reclaimed the White House in 1968 and retained it in 1972. Although Republicans in Congress suffered a tremendous setback in the aftermath of Watergate, the election of 1980 delivered the White House and Republicans claimed just over 190 members in the House for only the third time since 1956. The party captured a six-seat majority in the U.S. Senate – their first majority since 1952. Of greater import, Republicans were now mirroring the Democrats’ trek left and growing partisan homogeneity. Increased competition, the advent of divided government, and the growth of conservative homogeneity among Republicans in Congress set the stage for the next step in the evolution of the contemporary Congress – a return to centralized party control.

Next: Part III - The Rise of Conservative Republicans: 1976-1994

Thursday, July 19, 2012

Steny Hoyer is Right, Food Stamps Stimulate the Economy (and keep children from starving)

The conservative blogosphere is all atwitter (pun intended) responding to House Minority Whip Steny Hoyer's comments that food stamps and unemployment insurance are the two "most stimulative" things you can do for the economy. Almost immediately, Hoyer's Republican opponent in the upcoming election, Maryland House of Delegate Republican Minority Leader Tony O'Donnell, sent out a fundraising e-mail criticizing Hoyer for the comments.

Trouble is, Hoyer's right. Welfare programs like Food Stamps (actually called SNAP - but I use the names interchangeably) and unemployment compensation stimulate the economy.  Who says so? Some left wing think tank? No - Moody's Analytics. Moody’s Analytics estimates that in a weak economy, every dollar increase in SNAP benefits generates $1.72 in economic activity... SNAP is followed closely by - you guessed it - unemployment insurance which generates $1.63 in economic activity for every dollar spent. Comparatively, tax cuts generally break even with every dollar in cuts generating a dollar - of course income tax cuts would be meaningless to the folks who receive Food Stamps given they generally receive no income (because many are children) or their income is so low they'd owe no income taxes.

The federal government spent about $65 billion on Food Stamps in 2010. If Moody's is right, that $65 billion generated about $112.5 billion in economic activity (I wish my 401k gave me a return like that). Now $65 billion is not chump change to a cash starved federal budget and Food Stamp participation has grown rapidly in recent years - growing from 25 million recipient in 2007 to about 46 million today. But during that same time the number of Americans in poverty has increased from 35 million to over 45 million. Unemployment increased from just over 5% to above 9% and now is at just above 8% and 42 percent of all unemployed workers have been out of work for more than half a year.

Of course people would prefer to earn income from work - but that requires available jobs. In the absence of jobs there would be an even worse contraction in economic activity if the unemployed could not buy food, clothes, gas, utilities, and pay rent. This is what programs like SNAP and unemployment allow. The $65 billion in Food Stamp spending is not buying a Cadillac for a welfare queen - it's buying bread, milk, cereal. It's keeping people employed at Wal-Mart, Target, and local grocery stores. The average Food Stamp participant receives $133 per month - which works out to $1.34 per meal. It's hardly an outrageous sum per person, but is cumulatively significant to the economy. The average family on Food Stamps has a net worth of $101 and nearly 60% earn half the poverty level or below (1 in 5 have no earnings at all).

Oh, and one more important thing to note - nearly three-quarters of SNAP dollars go to families with children. So in addition to economic stimulus, the program keeps kids from going hungry and can stave off the malnourishment that could result in a lifetime of health problems and reduced productivity - imagine the economic drag. Not too bad for $65 billion a year.

And to put that $65 billion into some perspective - that 401k that I mentioned -  I, and millions of other working folks, get a tax deduction for putting aside money in a retirement account. The cumulative cost of those tax deductions? $93 billion. I also have a house, something most of those folks with $101 in net worth do not. I get to deduct my mortgage interest. Total cumulative cost? $87 billion.

Welfare programs such as SNAP and unemployment cost the federal government relatively little compared to the money spent on middle and upper middle class welfare support programs like the mortgage interest deduction and the retirement contribution deduction. Now, I happen to agree with many conservatives that tax cuts can stimulate economic growth as well - but such tax cuts cannot help folks without a job.

Food Stamps and unemployment allow tens of million to engage in economic activity and therefor support the jobs of tens of millions more. Take that money away and aside from devastating the lives of recipients there would be a ripple effect felt from retail store employees to manufacturers to farmers to truck drivers to you and to me.

Of course we'd all prefer a growing a economy with fewer welfare recipients and more private sector jobs. That's why programs like SNAP and unemployment matter. Investments in these programs today decrease the likelihood of needing them tomorrow.

*** Full disclosure - Steny Hoyer represents me in Congress and is a member of the Board of Trustees of St. Mary's College - my employer. I like and respect Hoyer and think House Democrats need to dump Nancy Pelosi and elect Hoyer their leader - we'd all be better off. That said, I was an expert witness in the Voting Rights challenge to Maryland's new congressional districts and have argued that Hoyer's 5th Congressional district disenfranchises minority voters by using them to offset conservative voters in southern Maryland.

As to Minority Leader O'Donnell... he represents me in the Maryland House of Delegates. Not only do I know him, I like and respect him. He and I disagree on many issue (but the same is true of Hoyer) but I consider him to be a strong leader within the Maryland Republican party and if Maryland ever adopted a Congressional district map that represented it's people I have no doubt O'Donnell would do well representing Southern Maryland and Anne Arundel county.

My point being - I don't have a dog in the Hoyer/O'Donnell fight. I simply want to make clear that Hoyer is right. Welfare benefits stimulate the economy. And in a high unemployment job market that stimulus is needed. And the stimulus is quite cheap.

Tuesday, July 17, 2012

In Defense of the Senate Filibuster

Senate Majority Leader raised again today the threat of reforming Senate filibuster rules in response to Republican “obstructionism.”  Reid is not alone, many have urged changes in U.S. Senate rules to curtail the growing number of filibusters.  The current cloture rule, requiring sixty votes to end debate, might be reduced to a bare majority requirement to lessen unlimited debates or there may be multiple successive votes on cloture with the threshold falling after each vote – eventually falling to a bare majority.  Such reforms ought to be rejected. As the figure below (excerpted from my forthcoming book with Steven Schier) makes clear, there has been an explosion in the use of the filibusters.  Filibusters increased, and increase demonstrated by the related, and more dramatic, rise in the number of cloture motions. The increase began in the early 1970s, and then declined, only to begin a new rise in the 1980s. There has been an acceleration in recent years, but the figure makes clear that Democrats and Republicans have been part of the “problem.” The solution, however, is not to eliminate the filibuster.

Removing the sixty vote cloture rule might, and probably would, make matters worse.  A simple majority requirement might cause narrow ideological majorities to push through controversial and unpopular legislation. The unpopular health care reform of 2010, for example, avoided a filibuster because it was attached to budget reconciliation legislation that by Senate rules could not be filibustered.  Republicans used the same process to enact the controversial Bush tax cuts in 2001 and 2003. In the absence of a filibuster, both pieces of legislation (in fact any piece of legislation) could be easily undone if a rival ideological majority gains power in the Senate.  This sort of ideological zigzag would produce a cycle of passage and repeal of programs.  Without filibusters, narrow Senate majorities will appoint more ideologically extreme judicial and executive branch nominees.  Given the sharp partisan polarization in Congress and the partisan activists that control the major parties, the filibuster offers the public protection against immoderate majorities enacting intensely ideological agendas only to have them repealed and replaced with an opposing ideological agenda when party control shifts.
Protection against partisan majorities is necessary because, as I have noted many times, America’s two major parties are polarized and neither commands close to majority popular support.  The less-polarized public vacillates between two ideologically extreme parties and at times frustrates both parties by voting in a divided government.  If popular majority preferences consistently were frustrated by arrangements like the Senate cloture rule, then perhaps majoritarian reforms would be in order.  But that is not the case.  At present, the cloture rule prevents either party from readily enacting an agenda that does not reflect the popular will.

Monday, July 16, 2012

Congressional Dysfunction - Part 1: Congress Today

In a recent post, Ezra Klein profiled 14 reasons why the current Congress is the worst Congress ever. I find little to argue with in Klein's myriad criticisms of Congress, other than to suggest that the present dysfunction has been a long time coming and is the result of many moving parts slowing coming into sync. In the next few months, a book that I co-authored with Steven Schier - The Dysfunction of American Politics - will begin to hit book shelves. In advance of that publication I have decided to excerpt my chapter on Congress over the course of the next week or so. What I hope to create is a more complete picture of Congressional dysfunction. Perhaps of greater importance, the picture I'll present portrays a dysfunction that is deeply bipartisan. Contrary to the recent claims by noted Congressional scholars Thomas Mann and Norm Ornstein the dysfunction is not simply the fault of an insurgent and radicalized GOP. The problem goes much deeper than that and as a result will be much more difficult to repair.

Part 1: Congress Today

Writing in 2006 in their aptly titled "The Broken Branch" Congressional scholars Thomas Mann and Norm Ornstein described the contemporary Congress as “a supine, reactive body more eager to submit to presidential directives than to assert its own prerogatives." According to the authors, many characteristics that define the contemporary Congress took shape during the period of the late 1960s. Among the changes was a shift away from the “textbook” Congress of the New Deal era characterized by a decentralized power structure, powerful committee chairs, and weak parties.

Though I agree with much of what Mann and Ornstein presented in The Broken Branch, I believe the seeds of Congressional dysfunction where planted a bit earlier. A combination of internal and external pressures dating to the late 1950s set in motion the creation of the contemporary Congress. A series of elections spanning nearly two decades (from the the 1950s-1970s) changed the ideological make-up of the Democratic party. A combination of court decisions and federal legislation (in the 1960s) changed the nature of congressional constituencies. A series of internal reforms enacted from the late 1960s through the mid-1970s empowered individual members of Congress. Concomitant with these changes was a dramatic rise in interest groups, a marked rise in two-party competition, and the frequent presence of divided partisan control of the legislative and executive branches. Collectively, these changes raised the stakes in the pitched battle over lawmaking.  Highly professionalized members, intense partisan polarization, centralized control among party leaders, and an increased reliance on “unorthodox” procedures to secure passage of legislation mark the Congress that emerged.
Over the course of the next few weeks, I will discuss in detail what I merely summarize now.

Two deeply polarized political parties engaged in a close-fought and bitter struggle for electoral victory and legislative control mark the contemporary Congress. Though the even level of electoral competition has been especially evident in recent years, it first emerged in the late 1970s when Republicans gained a congressional foothold in the south. Increased electoral competition coupled with the advent of divided government gave rise to reforms in the Congress that first empowered individual members to become highly professional representatives but then gave way into further changes that effectively centralized control around the organizing principle of party. In the House and Senate, members realized that the best way to ensure success of the party agenda and to obstruct the minority party was through greater centralization of power in party leadership. This was more readily achieved in the House, but even in the Senate changes in the minority/majority approach to floor activity and amendments show that centralization around party – if not necessarily party leadership – has occurred.

In today’s Congress, lawmakers pursue initiatives important to their constituents, to key interest groups, and to their party in a professional environment of ideologically uniform parties with sharp agenda differences. Washington’s professional and partisan legislature often supports a president in the same party as a congressional majority and obstructs an opposition party president. As measured by the number of pages in the Federal Register, the contemporary Congress appears capable of legislating, though not when addressing issues of major concern.  Why?  The congressional parties diverge sharply on major issues, leading to attempts at legislative domination by partisan majorities and obstruction by partisan minorities.

There are now so many voices at play in policy-making, described fully in chapters two and six, that it has become more difficult to legislate and easier to obstruct. Multiple congressional committees and subcommittees enjoy some degree of jurisdiction over major issues. These committees in turn have established mutually beneficial relationships with interest groups. Multiple committee referrals are quite common as a result. Party leadership uses restrictive rules and post-committee adjustment to ensure buy-in by the multitude of interested voices. Such buy-in requires difficult and finely crafted compromises. In a closely divided and polarized environment, every incentive exists for a minority party to derail or prevent such compromises. The result is often congressional inaction and policy stasis.

The great challenges of the present era will often require congressional action. By acting, Congress frequently defines the scope and powers of the executive bureaucracy – Washington’s “permanent government” -- and the scope and jurisdiction of the judiciary. Since the 1960s and 1970s, Congress has become increasingly divided by party and unable to perform its duties with decorum and dispatch.  Dysfunction within Congress reverberates throughout the entirety of the American political system.

Next - Part 2: The Rise of Progresive Democrats - 1958-1974

Wednesday, July 11, 2012

Protecting the Integrity of the System in Maryland

In a recent Twitter post I took the Maryland Democratic Party to task for placing partisan politics above the interests of the voters of Maryland by producing an egregiously gerrymandered Congressional district map. I further criticized their plan to try and prevent the map from going before the voters by invalidating as many petitions signatures as possible:

congressional map is an affront to Democracy. Will they double down by attacking peoples right to petition? Let the people judge.

In response to my Tweet, the state party chose a diversion instead of a response:

MD Democratic Party
GOP crusade 4 voter ID as a ploy to disenfranchise Dem voters is the real affront to democracy but is silent on this

Of course there are no plans in Maryland to implement a voter ID law and as the petition drive is a Maryland issue I'm not sure why I would write about Republican voter ID reforms in other states.
What I have done is criticize the GOP in TX and NC and PA for engaging in the same partisan gerrymandering as Democrats in Maryland and Illinois. I don't oppose Maryland's new congressional maps because they help Democrats, I oppose the maps because they were drawn solely for the purpose of helping a national political party at the expense of representing the diversity of the state. I do not care which party "wins" or "loses" so long as the game is not rigged. Gerrymandering rigs the game to produce a certain outcome. Of 435 seats in Congress roughly 380 aren't even competitive. Most have been drawn to be safe for one party or the other. So much for Democracy.
I responded to the Maryland Democratic party with a simple question:
and how many Maryland voters will you disenfranchise by challenging their signatures on the redistricting petitions?

Today, as word came down that the State Board of Elections has certified enough valid signatures to move the new maps to the ballot, we all got an answer from the Maryland Democratic Party courtesy of party spokesperson Matt Verghese:
"Maryland has very strict verification standards on petition signatures based on court precedent, MD laws and regulations. Our priority is making sure that these standards have been met and the integrity of the process is maintained."
So there you have it. The Maryland Democratic Party is planning to mount a legal challenge to protect the integrity of the system against every petition signer who may have forgotten to include his middle initial, or may have forgotten that her full middle name appears on her voter registration card.  Some might call that voter suppression.

But there was something about Verghese's "integrity defense" that sounded familiar to me... and then I remembered. I had heard it before.

There is a federal lawsuit underway in Texas seeking to toss that state's new voter ID law. In response to the legal challenge, Texas Attorney General Greg Abbott filed a counter suit asking the U.S. District Court to implement the new voter photo ID.
Abbott defended the voter ID law saying "the state has the right to protect the integrity of its elections." He then cited voter ID precedent established by similar laws in Georgia and Indiana.
So there you have it... the Maryland Democratic Party wants to invalidate as many signatures as possible for the same reason the Texas GOP wants to require a photo ID for voting - to protect the integrity of the system.

Folks, there isn't enough integrity between the two parties to fill a thimble. The Congressional district maps created by Democrats in Maryland and the Republicans in Texas are a testimony to the parties' utter lack of integrity.

The one thing that the Maryland and Texas congressional maps share in common is the simple goal of marginalizing voter choice in an effort to predetermine a partisan outcome. GOP voter ID laws and the Maryland Democratic Party's plan to challenge already validated signatures each serve that same purpose.

If the Maryland Democratic Party is so damn proud of the monstrosity of a map they created then they should welcome the chance to have the voters pass judgment on it. The Board of Elections has already certified the signatures on the petitions - now let the people be heard.

Voters may Reject Maryland's Gerrymandered Mess, but Congress can Stop Redistricting Abuse

Opponents of Maryland's recently adopted Congressional district map appear all but certain of having submitted enough valid signatures to force the map to referendum in November. At last count, they were only 2,200 signatures away from victory with significantly more than 2,500 signatures awaiting validation - an important fact given that only about 10% of all signatures have been rejected thus far. Should the State Board of Election verify enough signatures, the Maryland Democratic party has hinted it will fight the validity of enough accepted signatures to avoid having the map placed before the voters. This is a bad idea. Every non-partisan observer of state politics recognizes the new map for what it is - a partisan power grab intended to net Democrats an additional seat in Congress. To accomplish this, Gov. O'Malley submitted a map to the General Assembly that contains some of the most gerrymandered districts in the nation. Maryland's map is every bit as egregious as the Republican drawn map in Texas. The new Maryland map would likely result in a congressional delegation that is 7 to 1 Democrat over Republican - in a state where Republicans routinely receive at least 40% of the statewide vote. Worse, the map uses minority voters as electoral cannon fodder - slicing and dicing minority communities so that their reliably Democratic votes can dilute Republican votes in the conservative parts of the state that flank the I-95 corridor.

The new Maryland congressional map already mocks the very concept of representative democracy, the state Democratic party really doesn't need to add insult to injury by denying the people their right to petition and judge the map for themselves.


 
Even if voters do reject the new map, there is nothing to prevent Governor O'Malley from resubmitting the same (or a worse) map to the General Assembly. A rejection of the map by voters would send a powerful message, but more needs to be done.

Legislation has been introduced in the current Congress, by Heath Shuler (D-NC) that would end partisan redistricting. The proposed legislation, requires "redistricting to be conducted through a plan developed by the independent redistricting commission established in the state, or if such plan is not enacted into law, the redistricting plan selected by the state's highest court or developed by a U.S. district court."

Want to make sure that this is the last cycle subject to partisan redistricting? Want to undo the mess created by the GOP in states like PA, TX or NC and by the Democrats in IL and MD? Call your member of Congress and demand action on The John Tanner Fairness and Independence in Redistricting Act (H.R. 453).

Understand, gerrymandering is used by both parties. The simple and unfortunate truth is both parties eagerly engage in this systemic abuse. Maryland's 2nd and 3rd Congressional districts have been highlighted as being among the worst gerrymandered in the nation since appearing a decade ago. Republican drawn districts in Texas (or Pennsylvania) are no worse than Democratic drawn districts in Illinois (or Maryland).

In 2008, a bipartisan group of Representatives sponsored legislation to enact nation-wide, non-partisan redistricting reform (Congress has that power under the Constitution) and called on then Speaker Nancy Pelosi to hold hearings - but it went no where.

2008 offered a perfect storm for reform - under divided government and 2 years prior to a new Census neither party knew who would be in control of drawing new district lines. That uncertainty would have made reform achievable.

If you worry that President Bush would have vetoed the measure, the legislation was reintroduced in 2009. At that time Democrats controlled the whole process - the House, the White House, and held a filibuster-proof majority in the Senate. President Obama was on record opposing gerrymandering having once commented "too often, our representatives are selecting their voters, as opposed to the voters selecting the representatives. That is a situation that I think the American people should not accept."

But these efforts at bilateral disarmament went nowhere. In fact, as these legislators were advocating nationwide, bilateral disarmament, Nancy Pelosi joined an effort opposing non-partisan redistricting reform in her home state of California.

Proposals were ignored under Republican Congresses as well and are now languishing in the GOP-controlled House and Democratic Senate. Speaker John Boehner has shown no interest in redistricting reform. The simple fact is both parties, when presented with opportunities to end this process and put the parties on a level playing field - subject only to the judgement of the voters - have balked.

Partisan redistricting is an issue driven by each party's desire for power and neither party wants to surrender power - even if it is the form of bilateral disarmament.

The John Tanner Fairness and Independence in Redistricting Act (H.R. 453) is currently languishing in the House Judiciary Committee's subcommittee on the Constitution. House leadership seems to have no desire in moving this bill forward, but House leadership can be bypassed.

If a simple majority of House members (regardless of party) sign a Discharge Petition then the supported legislation can move to the floor regardless of leadership opposition or failure of committee action. Call your member of Congress  demand they sign a discharge petition for H.R. 453.

Through the creation of safe seats, gerrymandering creates a reality where the greatest threat to a member of Congress comes from a primary challenge within their party - not from a general election contest. The result being members of Congress more concerned with pleasing the small (but highly motivated and partisan) segment of the electorate who participate in primary elections. For Democrats this means committed liberal activists and committed conservative activists for Republicans - neither group represents the broader electorate.

Help reclaim the House of Representatives for the people and free it from the grip of the parties and ideologically motivated issue activists. Rejecting Maryland's newly created map in November would be a small victory in a much larger war. But it would be an important victory. It may even help spur interest in the John Tanner Fairness and Independence in Redistricting Act or another proposal for national reform. Partisan redistricting undermines the very concept of democratic representation - nothing could be more damaging to American democracy.

When you go to the polls in November put your particular party affiliation aside. Opposing Maryland's gerrymandered mess is not an act of partisanship, but supporting it is. Urban Dictionary defines a Partisan Hack as "Someone who cares more about supporting a particular party or ideology than supporting what is morally right, or factually true." The maps in Maryland and Texas and myriad other states were created by such hacks. Take a stand against the ideologues in November and vote to toss the map.

Friday, June 29, 2012

Who Really Won the Health Care Battle?

Other work is keeping me from the blog today, but here's just a bit of what I'm working on:

Democrats are right to celebrate their substantial political victory, but they must understand that it was a short term victory. I believe the Robert's opinion delivers a far more substantial long term victory to Republicans.

The contemporary welfare state is premised on two things 1) the commerce clause and 2) the power use money and the threat of withholding money to compel states to do things they may not otherwise do (mostly the latter). The contemporary regulatory state is premised on the same two things (mostly the former).  This ruling just drove a stake part way through each of those and severely cracked the foundation of the contemporary welfare and regulatory state. I will post more on this aspect of the ruling later.

On a more immediate issue, as a tax, the law is now susceptible to repeal using budget reconciliation - a measure created by the Congressional Budget Act of 1974 to avoid obstruction of important budget bills. It limits debate in the Senate to 20 hours and eliminates the possibility of a filibuster. As a tax bill, health reform repeal would certainly proceed under the reconciliation process.

If after 2012 Republicans have the White House (very likely based on current polls - ignore Romney's numbers at this point, anywhere Obama is at 47% or below Obama is losing), 50 seats in the Senate (very likely at the very least based on the states in play), and at least a 1 seat majority in the House (a certainty) then health reform is a goner. Democrats could not filibuster.They could not block it in the House. It would just be gone.

With regard to Medicaid. The court just told states they could opt out of the expansion. That expansion was supposed to cover 17 million folks. The states with the highest number of uninsured are the very states most likely to now say "no thanks." So much for expanding coverage.

As to the idea being floated that Roberts somehow expanded the avenues by which a tax can be used to compel people to do what the government wants - it's just not true. Roberts applied the taxing power in the same way it is currently used to reward folks with children, student loans, mortgages, and 401ks. Take two people with the exact same income and wealth living in identical houses. Person A has a mortgage, 2 kids, student loans, and contributes to a 401k, and a flexible spending account. Person B does none of these things. Rather she paid for college as she went, has no kids, puts her money in individual stocks instead of a 401k, and uses a savings account instead of a flexible spending account for medical services. Person A will have a substantially lower tax burden than will person B because our tax code allows him to deduct his interest and his contributions from his income. He will, in effect, receive tax forgiveness for doing things the government wants him to do. Person B cannot be mandated to have a kids, a mortgage, a 401k, or any of the other things Person A does but because she does not do them she pays more in taxes - it's not called a penalty. But to Person B it is in every way a penalty. Health insurance is now part of that list of things people may be rewarded or penalized for not having.

As a quick aside, this tax-based approach to "rewarding" folks with health insurance is actually what conservatives used to advocate. Contrary to the popular talking point, conservatives did not advocate a mandate.

Thursday, June 28, 2012

Justice Roberts just turned PPACA into the model of Republican health care reform from 20 years ago...

Kinda funny... in the late 1980s and early 1990s conservatives called for an end to the free rider problem in health care. They did not, as some have argued, call for an individual mandate, rather they called for a tax benefit for those who had insurance (much like mortgage deductions, child tax credits, etc). The flipside being a penalty for those who did not have insurance. But they did not advocate compelling people to buy it. Conservatives also long fought expansions of Medicaid that forced states to cover more people under the threat of the loss of all funds.

Justice Roberts just turned PPACA into the model of Republican health care reform from 20 years ago...

I'll quote as well from the folks at SCOTUSblog "The rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress's authority to pass social welfare laws. Using the tax code -- especially in the current political environment -- to promote social welfare is going to be a very chancy proposition."

Consider, the mandate now rests on the size of the tax penalty imposed - good luck ever increasing that tax. In effect, the mandate has been declawed.

Wednesday, June 27, 2012

Democrats must not Assail the Court in Health Reform Battle

In 1983, Newt Gingrich and conservative Republicans formed the Conservative Opportunity Society (COS). COS members were tired of being the happy minority party. They knew, however, that after 30 years in control of Congress the American people needed a real reason to dump the Democrats - a party that at the time was a still a centrist party that worked often with President Reagan. So the COS decided they needed to undermine confidence in the institution of Congress.

After 30 years Congress and Democrats were synonymous. Undermine confidence in Congress and you undermine confidence in Democrats. So the COS began an all out assault on Congress. They obstructed lawmaking, they used ethics reforms adopted in the 1970s to target Democratic leaders. In quick succession ethics inquiries and investigations led to the resignations of Democratic Speaker of the House Jim Wright and Majority Whip Tony Coelho in 1989 – that same year Gingrich gained election as Minority Whip, the second highest-ranking Republican leadership position in the House.

A scandal involving the House bank in 1991 and the House Post Office in 1993 followed the resignations of Wright and Coelho. Though Democrats and Republicans alike were found to have overdrawn their accounts in the House bank, the scandal contributed to a COS narrative of a corrupt Congress controlled by Democrats. Nearly 80 House members either retired or were defeated in 1992 because of the bank scandal. The election 47 freshman Republicans to the House accompanied the election of Democrat Bill Clinton as President in 1992.

The House Post Office scandal erupted in 1993 and effectively ended the career of Democratic Representative Dan Rostenkowski (D-IL) the very powerful Chair of the House Ways and Means Committee. The cumulative effect of the scandals and public dissatisfaction with President Clinton was the Republican sweep of the 1994-midterm elections. In the 1994, election Republicans realized a net gain of 54 seats in the House and 8 seats in the Senate and assumed full control of the U.S. Congress for the first time since 1954. Gingrich gained election as Speaker of the new Republican controlled House.

Other actions taken by the new Republican majority reduced congressional influence and power. They reduced committee staffs, the Congressional Research Service and the General Accounting Office endured budget cuts and dramatic staff reductions - the institutional memory and policy expertise of Congress shrank.

Make no mistake, Democrats were not blameless. The party had grown arrogant in its power and had for years increasingly excluded Republicans from the lawmaking process. The use of restrictive rules and limits on debate aided in undermining public confidence in Congress. But Republicans waged an all out assault on the institution. Public confidence in Congress collapsed and has never recovered. When Democrats found themselves in the majority they took from the GOP playbook and continued the attack on Congress - considered the claims of corruption in 2006 and Nancy Pelosi's battle cry that we "drain the swamp!"

Cumulatively, these attacks on Congress served to make it a less congenial place. They fed into growing partisan differences and undermined cooperation and compromise. A minority party now relies on Congress failing and on public disdain for Congress in order to win elections. Cooperation and compromise might actually cause public opinion of Congress to improve - this is something no minority party can risk. The end result is a Congress that becomes incompetent, inefficient, and ineffective. It's a self fulfilling prophecy that need not have been.
This brings us to the Supreme Court and tomorrow's likely decision on the constitutionality of the atient Protection and Affordable Care Act (PPACA). All indications are Democrats are planning an all out assault on the court if it overturns PPACA:

We'll find out this week if the Supreme Court is listening to the American people and following the U.S. Constitution," said Rep. Xavier Becerra (Calif.), vice chairman of the House Democratic Caucus, "or if it's becoming more and more what we've seen in the past: a partisan body no different from the Congress.
House Democratic leaders said Wednesday that a move to overturn the healthcare law would similarly call into question the court's impartiality.
Rep. John Larson (Conn.), chairman of the House Democratic Caucus, said it would be "illogical and blatantly political if the Supreme Court were to rule [against the law]."
Joining the Democratic leaders in the Capitol, AFL-CIO President Richard Trumka blasted the current court for its "activist" agenda."What we have is several justices on the Supreme Court that, while they were being confirmed, talked about how they would be activist, [and instead] have become the most radical activist judges we've seen," Trumka said.

The logic is of course ridiculous. The Democrats are arguing that a 5 to 4 ruling against PPACA would be evidence of a radical and activist court, but a 5 to 4 ruling upholding PPACA would show that all is well and good with the court.

Tomorrow the Supreme Court will do what it was designed to do - determine the meaning of the U.S. Constitution and its applicability to a law enacted by Congress. Regardless of what many scholars have suggested, there is every reason to question whether the commerce clause empowers Congress to compel citizens to purchase a private product. If the court determines the individual mandate to be unconstitutional then it may well toss the entirety of PPACA. But not out of some activist agenda - rather because Congress failed to include a severability clause in the legislation. Severability clauses protect legislation from being completely overturned should a court find individual aspects unconstitutional. Democrats chose to exclude a severability clause precisely because they needed the support of the health insurance industry and the industry would not support a bill that would allow the individual mandate to be severed by the courts.

If the Supreme Court overturns PPACA (and I believe that it will) Democrats must not make the Supreme Court and the court's legitimacy an issue. Fight the GOP. Fight for constitutional reforms. Accept that PPACA had a fatal flaw. But do not attack the court. about to do the same to the Supreme Court should it rule against the health reform law. Such a tactic might offer short term political gain, but the long term damage would be substantial. If the reputation of the Supreme Court is ruined by Democrats the way the Republicans destroyed Congress then the damage to our system of government may be beyond repair. The court is not elected. More than any other branch, its power and legitimacy rests upon a foundation of public confidence. Democrats should not undermine that all because of a single ruling on a very questionable issue of congressional power.

And let me be clear, I'm not saying Democrats should abstain from attacking the court just because it would harm the court's reputation. I'm saying they should abstain because a ruling to overturn PPACA would NOT be evidence of a radical or activist court - any more than the House Post Office and Bank scandals were evidence of a corrupt and incompetent Congress.

Monday, May 21, 2012

On Vacation!

The FreeStater Blog will be on hiatus for a few weeks as I enjoy some summer vacation with my family.

I will be out of regular phone contact until June 15th, but can be contacted via e-mail at teeberly@smcm.edu.

Thursday, May 3, 2012

Do Independent Voters Matter?

Are independent voters a myth? That is certainly the conclusion of many who study political science. Research by respected political scientists has demonstrated that, when pressed, independent voters often reveal significant partisan preferences – they lean Democrat or lean Republican. When leaners are reclassified and grouped among their partisan peers the share of pure independents in the electorate falls – by some accounts – to less than 10% of the electorate.

If the true number of independent voters is less than 10% of the electorate then independent voters are of little concern. In an age of narrow victory margins in the national popular vote for the presidency and control of the House of Representative winning a majority of that 10% can be crucial, but appeals to a party’s partisans would be a more important focus.

But what if the number of independent voters is greater than 10%, what if it’s greater than 20%? Suddenly, winning a majority of independent voters becomes more important. In a recent report written for the centrist Democratic organization Third Way I examined whether or not leaners are indeed independent. For my research I used the 2000-2004 panel study conducted by the American National Election Studies (ANES). I selected the panel study for a simple reason – it’s one of the few studies available that tracked the same group of voters across multiple elections. That’s important. Most studies of voting and partisanship capture only a snapshot of a point in time and allow researchers to measure partisanship only during a given election year.

Such snapshots would be fine if partisanship were permanent and not subject to change. That is very much the view of partisanship taken by those who consider independent voters to be a myth. In the research conducted for Third Way I compared the partisan voting loyalty of Democrats and Republicans by looking at their partisan vote choice across three House elections (2000, 2002, and 2004) compared to their strength of partisanship in 2000. Survey respondents were classified as being strong, weak, or independent partisans (leaners). I found that weak and independent partisans are less loyal to party in the short term and especially across time. While roughly 90% of strong partisans voted the party line in 2000 approximately a quarter of weak and independent partisans crossed party lines that year. In 2002 and 2004 strong and weak partisans held steady at roughly 90% and 75% loyalty, but independent partisans were more volatile – especially independent Democrats. In 2002, 46% of those who identified as an independent Democrat in 2000 voted Republican. The share was 38% in 2004. I also found that independent partisans were far more likely to switch their partisan identification over time - so 2000's independent Democrat could well be 2004's independent Republican - something a non-panel series could not account for.

The study suggested that during a given election period independent partisans are as loyal to party as their weak partisan peers – but that loyalty wanes over time. To me, a voter who switches their partisan vote choice from one election cycle to the next is not a loyal partisan – rather that voter is an independent voter. My findings were criticized largely based on my selection of the 2000-2004 data series. Some contend that the events of September 11th and the subsequent War on Terror made that time period unique and therefore unrepresentative. Unfortunately there is no other comparable data set exploring the same respondents across multiple elections. In a recent post refuting the findings contained in the Third Way report, Alan Abramowitz looked to the 2008-2009 panel study and compared the partisan loyalty and partisan vote choice of respondents in the 2008 presidential election. Abramowitz came to the same conclusion as did I in my Third Way report – that independent partisans behave much like their more partisan peers in a given election.

Unfortunately the 2008-2009 panel survey does not allow one to follow partisanship or partisan loyalty across multiple elections. As such it is not a useful data source for the study of partisan loyalty and the presence of independent voters. Additionally, I researched partisan loyalty by examining House elections as it enables one to study multiple elections across a relatively short timeframe.

To address concerns about the 2000-2004 data I conducted additional analyses with that data source and with the 1992-1997 panel survey by ANES. Having already demonstrated that leaners are less loyal to party over time I wanted to focus on estimating the number of true independent voters in the electorate. Based on my study for Third Way I placed the number at approximately 25% of the electorate. A number also endorsed by Linda Killian in her book The Swing Vote – a book recently and rather poorly critiqued by Ruy Teixeira (and by that I mean to suggest the critique was poorly done).

I compared the 1994 and 1996 as well as the 2002 and 2004 partisan vote choice to the choice made in 1992 and 2000 respectively. In other words, what share of the folks who voted Democratic in 1992 voted Republican in 1994 or 1996? What share of folks voting Republican in 2000 voted Democrat in 2002 and 2004?

As I am interested in two-party vote shares, I limited my study to only those who voted, and only those who voted for one of the two parties in each of the elections covered. Of those who voted for a Democrat in the 1992 House elections, 25% opted to vote Republican in 1994, 24% opted to vote Republican in 1996. Among Republicans, 12% voted for a Democrat in 1994 and 21% voted for a Democrat in 1996. Based on the two-party vote shares in each election, nearly 19% of those voting in 1992 and 1994 changed their partisan vote choice. The share was closer to 23% between 1992 and 1996.

When looking the more recent era, of those who voted for a Democrat in the 2000 House elections, 16% voted Republican in 2002 and 21% voted Republican in 2004. Among Republicans 11% voted Democrat in 2002 and 21% voted Democrat in 2004.

Both panel series show that partisan loyalty declines over time and that Democratic voters are less loyal than Republican voters. Consistent with the findings of the Third Way report both panel series show that partisan loyalty is weakest among weak, but especially among independent partisans (most defections came from independent partisans). Much is made of surveys by Gallup and Pew which suggest that a plurality of voters are independents – perhaps as much as 40%. This is simply incorrect. But so too are arguments that independent voters make up less than 10% of the electorate. The stability of a partisan coalition is dependent upon sustained loyalty across elections, but roughly 20 percent of the voting electorate are not loyal partisans. In an era of closely matched political parties, relatively narrow two-party vote shares, and vacillating partisan control of government winning and maintaining the support of that 20% is crucial.

Thursday, April 26, 2012

Maryland Needs a Full-Time Legislature

As fallout from the Great Annapolis Meltdown of 2012 continues to reverberate word comes that the most likely solution to the Tax Increases/Casino Gambling impasse will be to have two special sessions of the General Assembly. The first special session will take place in May and will deal only with the issue of tax increases so as to avoid the $500 million in spending cuts contained in the "Doomsday Budget." The second special session would likely be called in August and would focus on gaming.

Commenting on the possibility of two special sessions a mere two months apart Governor O'Malley said: “I think that both issues deserve a hearing and some resolution... What made this session very disappointing and frustrating by the end was considering both of those issues at the same time.”

In other words, the General Assembly attempted to walk and chew gum at the same time and wound up falling face down with its bubblicious stuck to the sidewalk.

The catastrophe that was the end of the 2012 legislative session inflicted serious damage on the reputations of the state, the Assembly, Governor O'Malley, Speaker Mike Busch, and especially Senate President Mike Miller. Calling two special session to "resolve" the issues of taxes and gaming will do nothing to restore those reputations. Quite the contrary, the possibility of two sessions raises serious questions about the judgement of those managing the Free State.

Not only could the Assembly not manage to walk and chew gum during the 90 day session with its clearly defined and constitutionally prescribed timeline, the Assembly is apparently so incompetent as a body that it cannot be trusted to deal with more than one issue during a special session - that's the message being sent.

In reality, what all of this makes abundantly clear is that Maryland needs to abandon its antiquated part-time legislature and adopt a full-time Assembly.

Yes, you read that correctly. I realize that in the face of the Great Meltdown it may seem counter-intuitive to call for a full-time legislature. Perhaps it sounds like a recipe for multiplying the failings of the current Assembly - but hear me out.

Every year the General Assembly convenes in January and embarks on a hectic 90 day legislative marathon that ends in early April. Every year there are hundreds of bills left unpassed and dozens of issues left unaddressed as the constraints of the 90 day session force everything into a position secondary to the budget. For 90 days, the voices of every day Marylanders are drowned out by a horde of lobbyists camped out in Annapolis

The Assembly has made similar adjustments in the past. In 1948 the Assembly passed a constitutional amendment requiring an annual session and the length alternated annually between 30 and 90 days. In 1964 the annual sessions were set at 70 days and then in 1970 the current 90 day session was adopted.

In the late 1960s the Assembly added to its legislative capacity by creating the Department of Fiscal Services to offer analyses of the budget and generate fiscal notes for proposed legislation. The operating budget of the Assembly was increased allowing for more staff support and other resources. In the 1970s the Assembly reasserted some of its role in budgeting - first requiring a balanced budget and then empowering itself to mandate certain expenditures. But the trek toward true professionalization ended in the 1970s.

In 1979 Maryland was ranked 14th among the states with regard to legislative professionalization, when states were ranked again in 2003 Maryland had fallen to 18th. According to the National Conference of State Legislatures, Maryland is among a large number of states that occupy a middle ground between a part-time, citizen legislature and a full-time, professional legislature.  Our neighbors - New York, Pennsylvania, and New Jersey all have full-time, professional legislatures.

Since mid-century, the trend in the states has been toward more professionalization. The Maryland Assembly's committee system, leadership structure, and professional support all tilt toward a fully professional legislature. But its 90 day session, pay, and mostly otherwise employed legislators all tilt toward a part-time legislature. The fact that its standing committees meet once per week when the Assembly is not in session show the tug of war between being a full-time or a part-time Assembly. But weekly committee meetings cannot substitute for a working legislature.

What would a full-time legislature deliver to the states? Studies show that full-time legislatures spend more time responding to constituent demands and are more responsive to constituents. Full-time legislatures are more prone to enact governmental reforms, especially with regard to personnel. Full-time legislatures demonstrate more efficient legislating (as opposed to what we just witnessed) and a greater willingness to enact more complex measures.

I know that some may recoil at the though of more efficient legislating - as it means more legislating, but consider the challenges facing the state. The population is expected to grow by 1.5 million people in the next 2 decades. Where will they live? Where will their kids be educated? Where will they work? How will they drive to work? What impact will those 1.5 million folks and their cars and houses have on the health of the Chesapeake? Will Maryland address its aging and inadequate infrastructure? Neither Beltway is sufficient to traffic demands. The Bay bridge is no longer sufficient and there is an argument to made that the state needs a new span connect southern Maryland and the Eastern Shore - creating a new connection with Virginia via that states Bay/Bridge Tunnel. The Nice bridge on 301 connecting Maryland with Virginia is no longer sufficient. Public transportation in Baltimore is inadequate - in fact public transportation in the state is insufficient and geared toward those living right on the I-495 beltway periphery.

If the Assembly is not able to address gaming and tax increases in a 90 day session how will it possibly meet the challenges awaiting the state?

Let me offer a few other defenses of a full-time legislature. Imagine making all legislators full-time employees of the state. With that full-time employment would come a full-time salary and benefits AND a ban on outside employment and "consulting." No more conflicts of interest, no more quarter of a million consulting agreements. Also, the shift from part-time to full-time and the prohibition on outside employment would cause a more than a few of the current members to retire and provide Marylanders the chance to elect some new blood. A full-time legislature would empower individual members at the expense of Assembly leaders. Now, the 90 day window gives Assembly leadership power over members via their control of the calendar. It's easier to threaten to bottle up a legislator's bills in a short session than in a continuous session. A full-time legislature would also offer a stronger counterbalance to the state's executive centered system. Maryland's governor is considered to be among the most powerful in the nation - especially with regard to budgeting. A full-time legislature would be more likely to reclaim the powers that have been ceded to the governor over time.

For these reasons and more I think it is passed the time for Maryland to adopt a full-time legislature. As part of the reforms we must also stagger our legislative elections and place Delegates and Senators on different electoral schedules. At present, every member of the Assembly and every elected member of the executive branch is elected at the same time for the same 4 year term. This denies voters the opportunity to make mid-course corrections and express support for or displeasure with a governor's or Assembly's agenda. It puts every member of the Assembly on the same election cycle making it unlikely that anything difficult or even slightly controversial will be considered in the two years prior to the next election.

We have a full-time and fully professionalized executive branch, we have a full-time and fully professionalized judiciary. Yet the one branch that is actually tasked with representing the people is part-time and disadvantaged with regard to balancing the power of the executive. If you believe in separation of powers and checks and balances it's time to raise the legislature to a status equal to the other branches.

Maryland's Assembly is in need of reform. These reforms will make the General Assembly a more effective policy making body and one more responsive to voters. The Great Annapolis Meltdown has revealed real structural problems in Maryland government. The solution cannot be one special session, or two or three special sessions. The true solution involves fundamental reforms that would bring the Assembly into the 21st Century and provide it with the governing capacity to meet the multitude of challenges facing Maryland.

I welcome your thoughts (as opposed to rants), join the discussion on Twitter #fulltimeMDlegislature