
Alan Brinkley is Allan Nevins Professor of History at Columbia University and the author most recently of Liberalism and Its Discontents (click here to buy it). Michael McConnell is the Presidential Professor of Law at the University of Utah. Slate asked them to keep a running commentary on the presidential endgame.
Dear Michael,
Now that the bitter battle of the last 36 days is finally over, the nation seems to be moving instinctively into the mood of optimistic reconciliation that usually occurs just after Election Night. Both Gore and Bush, in their measured and conciliatory speeches last night, contributed to the creation of that mood; the press and, to the degree we can measure it, the public seem to be following in their wake. Gore's speech was strikingly magnanimous under the circumstances, and it was delivered with the kind of personal warmth and sincerity that so many found lacking in him throughout the campaign. Bush's speech was somewhat more pedestrian—he still has a kind of stiff, mechanical quality giving prepared speeches—but it avoided triumphalism and stressed the need for compromise and bipartisanship, exactly what he needed to do. So the stage is set for a period of healing and cooperation.
Or is it? The return to post-Election-Night convention cannot hide the fact that something extraordinary has happened. A man has become president-elect with a large portion of the public convinced that he has not been truly elected. He has done so by fighting strenuously and effectively to prevent untabulated votes from being counted and faces the possibility that they will now be examined by the press and will perhaps show him actually to have lost. And he has won the presidency in part by virtue of an explosively controversial decision by a bitterly divided Supreme Court. Bush made no reference to the unusual circumstances of his election last night, but the subdued and conciliatory tone of his speech was evidence that this is no ordinary coronation. Whether the current wave of good feeling becomes the basis for a genuine period of political reconciliation, or whether it is simply a series of predictable platitudes soon to be swept away in partisan rancor, depends on the behavior of three actors: Bush himself, the Democratic Party (and its congressional delegation in particular), and the Republican Party.
I do not question Bush's sincerity in wanting to govern in a bipartisan way and, implicitly, in wanting to avoid the divisive elements of his own, and his party's, agenda. That is, we are constantly told, how he governed in Texas. And it is the only approach to his presidency that could allow him to achieve anything. He did his part last night in establishing the right tone for his administration, and he will have to continue to hew to that conciliatory tone in his actions over the coming months. He has to be very careful about whom he appoints to important offices. Many people are calling on him to choose Democrats for his Cabinet, but what is more important is that he avoid appointing Republicans who will raise red flags among Democrats in Congress. When and if the time comes, he will have to be especially careful about Supreme Court appointments and, for that matter, all federal court appointments. There is great resentment among Democrats not just about the way the court behaved this week, but about the way the Republicans in Congress bottled up so many of Clinton's court appointments over the last six years so as to save plenty of seats for a Republican president to fill. Congressional Democrats will, I suspect, be extremely vigilant on judicial nominations.
Bush will also have to find a legislative agenda that will avoid some of the more divisive elements of his campaign platform. He will need to scale down his tax cut, abandon (or at least postpone) Social Security privatization, and for the moment at least forget about school vouchers. If he truly wanted to establish himself as a bold and conciliatory leader, he would embrace campaign-finance reform early in his administration (not just the uncontroversial reform of election procedures that will certainly be considered next year), perhaps by endorsing McCain-Feingold.
Can he do such things? I don't sense that Bush himself is a particularly ideological man, and if it were up to him alone I suspect he would move very comfortably to the center and would work very hard to conciliate Democrats and restrain the more militant elements of his own party. (I don't think he will ever support campaign-finance reform, but I see few other issues about which he appears to have such strong feelings.) But will the Democrats let him? If the Democrats in Congress approach this presidency the way the Republicans in Congress approached the Clinton presidency—determined almost from the start to weaken and delegitimize it—then Bush will have a very difficult time. There are, of course, some Democrats—in and out of Congress—whose bitterness about this election is so profound that they will never reconcile themselves to Bush as president. But the Democratic congressional leadership consists of reasonable men who, not insignificantly, may harbor presidential ambitions of their own. It is in their interest to appear cooperative and statesmanlike, for a while anyway. If Bush is careful not to push any issues or appointments that are hot buttons for the Democrats, he can probably deal reasonably effectively with the opposing party at least for a year or so—which would be enough time, if all goes well, for him to heal some of the present bitterness and establish himself as a credible president.
It's the Republicans who will likely be the greater obstacle to a successful Bush presidency. Almost lost in the controversy over the presidential election is a remarkable fact about this political moment: For the first time in 48 years, the Republicans control the White House and both houses of Congress. Their control of all those things is precarious to be sure. They control the Senate only by virtue of a Republican vice president. They control the House by a tiny handful of seats. They control the White House by virtue of … well, we all know that story. But the fact remains that they control them all—something many Republicans have been anticipating for two generations—and we already can hear among some of their leaders on the Hill a hint of the exultation they feel.
In 1953-54, when Republicans last controlled the presidency and the Congress (for those two years only), their party was very different from what it is today. Perhaps the most appropriate symbol of that change is the Bush family itself. Prescott Bush, the president-elect's grandfather, was a senator from Connecticut then. And he was one of a very large element of the Republican Party closely tied to Establishment institutions, moderate in their politics, comfortable cooperating with Democrats and even with most liberals, and hostile to the extremes on both the right and the left. Prescott Bush (as Bill Clinton reminded his son in 1992) was one of many moderate Republicans who opposed Joseph McCarthy in the early 1950s.
The first President Bush was in many ways like his father. He had grown up in New England and absorbed the ethic of service and self-restraint that governed not only his family, but the patrician class from which they came. He spent much of his adult life in Texas (and lives there still) but was never fully a Texan—and never a very successful politician there. His one attempt at statewide office, a run for the Senate, failed. He was always more comfortable in appointive positions—CIA director, U.N. ambassador, vice president—where his instincts toward conciliation, compromise, and being a team player were rewarded. His presidency was an effort to re-create the centrism of the Eisenhower years and at least some part of the Nixon years, to remove the hard edges of the Reagan years. He was helped in that effort by the fact of a Democratic Congress, and he achieved some success in it. But his concern (or, as it sometimes seemed, fear) of his own party's right sharply circumscribed his ability to govern from the center; and his administration sometimes had a kind of schizophrenic quality—one side soothing and conciliatory, the other harsh and even demagogic. He was torn between the party of his father and the party of his son.
President-elect Bush will now be the third generation of his family to serve in the federal government. But the legacy of his grandfather's party is not what has shaped his career. The new president, like his party, is no longer a man of the Northeastern establishment; he is fully a man of the South. Unlike his father, he is a popular politician in Texas and, for now at least, beloved by the right. He seems much more comfortable than his father ever did with the party faithful, with the rituals of campaigning, with fund raising and schmoozing. Like his father and grandfather, he is much less ideological than most of the other important Republicans of Texas and the South; but when required, he hits the notes of the Republican right in perfect pitch. As governor of Texas, he managed to work effectively with Democrats in the legislature. But it would a mistake to read too much into this. The Democrats in the Texas Legislature are, on the whole, much more conservative than national Democrats are; and their disagreements with Bush and the Republicans are generally rather mild. It will be very different in Washington.
For Bush to govern as he says he wishes to—in a conciliatory, bipartisan way—he will need help not only from Democrats (who have the capacity to block almost anything he tries to do if they wish to) but also from Republicans. But where in the Republican Party today will he find conciliatory, bipartisan allies? Many Republican governors have flourished, as Bush has flourished, by muting partisanship and cooperating broadly with the opposition in their states. But in the Republican Congress, it is hard to think of a bipartisan moment in the last six years. The Prescott Bush, moderate wing of the party is now all but dead; Democrats control almost all the Senate seats, and most of the House seats, in all the areas from which moderate Republicans used to come: New England, New York, the West Coast. The pattern of the electoral vote in this presidential election confirms how dramatically the political landscape has changed. Gore won the entire Northeast except New Hampshire. He won the entire West Coast. He won the whole industrial Midwest except Ohio and Indiana. Bush won the entire South; the entire West except for the coast; and all the Border States except Maryland—regions in which moderate Republicanism is virtually dead. This geographical polarization has been developing for years, but never before has it been so starkly visible.
There are a few traces of the old moderate wing still in Congress: Arlen Specter, Jim Jeffords, Gordon Smith; and a slightly larger number in the House. But the center of gravity in the party has moved decisively to the right and decisively to the South and the West. Virtually every person in an important leadership position in either house is a conservative Southerner, in many cases a very ideologically conservative Southerner, whose political instincts were honed during their many years in the minority and who seem drawn much more to confrontation than conciliation. Can Bush rein in Trent Lott, Tom DeLay, Dick Armey, Phil Gramm, Jesse Helms, and the rest? Can he persuade them that this moment of Republican dominance—the first in half a century—has to be postponed, that destructive battles with Democrats have to be avoided, so as to consolidate his leadership? The last president elected by so narrow a margin with his own party in control of Congress—John Kennedy—had great difficulty persuading Democrats in the House and Senate to support him on anything. They knew he had won by an eyelash. They owed him very little. They were, in many cases, much more conservative than he was (because there were still many Southern Democrats in Congress). Kennedy had few successes with Congress during his brief presidency; only his death broke the logjam. So one has to wonder where Bush (who enters office in a far weaker position than Kennedy did) will find the votes—in Congress, and in the Republican electorate as a whole—to support the moderate bipartisan initiatives he claims to want to pursue.
The Democrats may play along for a while. But the first time there is a controversial appointment, the first time there is a legislative initiative on one of the issues they fervently oppose (abortion, school vouchers, Social Security privatization, conservative judges, and many others), it will be very hard, I think, for them to resist being just as obstructive as the Republicans were through most of the Clinton years. And it is difficult to imagine that Bush could restrain his party from pushing such things even if he wanted to.
Like everyone else, I am relieved that this terrible battle is finally over—even if appalled at the way it was resolved and, like most Democrats, disappointed by the result. I would like to think that we can now find a way to transcend the ideological divisions and the personal animosities that have driven Washington politics in recent years. If Bush could, indeed, draw his party back into the center, he would doing both the Republicans and the nation a real service. But I am not optimistic. Much more likely, I think, is a brief foray into conciliatory politics that breaks down very quickly and produces the mirror image of the harsh political battles that dominated American public life in the 1980s and 1990s. The bitter contest over the 2000 election may, as many hope, be a last gasp of what Bush likes to call "partisan squabbling." But it is at least equally possible that it is a prelude to the political era to come.
This "Dialogue," which ends today, began almost exactly a month ago—which now seems, at least politically, a lifetime ago. It's been a great pleasure, Michael, discussing this extraordinary moment with you and benefiting from your thoughtful and intelligent commentary, with which I sometimes disagreed but which I always respected. My thanks to the editors of Slate for giving us so much time and space to think about this remarkable moment in our history as it transpired.
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Reader Comments from The Fray:
Michael McConnell argues that even a state-wide hand count might give Gore an unfair advantage, because the questionable punch card ballots were used predominantly in counties that heavily supported Gore. But his logic is flawed; he forgets that the argument for a hand recount--widespread undervoting that a human eye might correct--has already taken this very discrepancy into account. Though the hand recount would most likely discover a larger number of new votes for Gore than Bush because of the problems with punch cards, the inverse is true for the current machine count: Bush has been unfairly over-represented by his support in counties with more technologically advanced voting systems. It is not necessarily improper to concentrate energy on hand recounts in punch card counties, since they are the ones in which problems with unread votes are more likely. While I can't think of any serious argument against a state-wide hand count (except for the question about hand count subjectivity which might be dealt with by simple guidelines), the problem now is simply that the Republicans have argued for too long against hand counting at all, and are thus unable to concede this clear, proper compromise.
--Jared White
(To reply, click here.)
I believe that the hand recount is conducted, ballot by ballot, with a representative of both political parties, both of whom must agree on the party for whom each vote was cast. Any ballot that the two person team does not agree on is then reviewed by a three member panel of non-partisans. My point is simply that the recount is not a subjective as one might think. Since one of the candidates campaigned on the slogan that he "trusts the people" and the other has indicated a willingness to trust the people on this issue, I am surprised there is a problem.
--Carrie McLain
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A way out: the Burr-Hamilton solution.
--APM
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(11/15)
Reader Comments from The Fray:
I find it amusing that the Democrats are telling President-elect Bush that the only way he can succeed is to adopt their agenda.
The popular vote, as close as it was, could have swung Bush's way if it was recounted as Florida was. If California and all the voter irregularity in the excessively liberal and populous states were taken out of the picture, the popular vote across the nation was significantly more for Bush. It presents a more accurate picture of America as a whole to view the popular vote minus California. That's the reason for the Electoral College.
Democrats should be looking and asking themselves why they blew this election rather than deluding themselves that it was stolen. Look within. The liberal lies and scare-mongering, and class warfare language and willingness to depart from the law in order to win at any costs is not going to serve America or the Democratic party well. When America has more time to reflect on the days since the election, the Democrats will not fare so well. That is why the Democrats are trying still to deflect attention from their failures.
Vice-President Gore gave a noble speech last night. For the first time in this election process I gained respect for him. He was finally speaking honestly. Liberals should try honesty instead of distortion and manipulation more often.
--Mark Sherman
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Sorry, but I don't see true bipartisanship happening. The division you see has been growing for decades. It isn't between skinheads or klansmen and 'good honest Americans,' it is between those who are willing to be responsible for themselves, and those who've been inculcated with the idea that they have a god-given right to the fruits of someone else's labor. The Dems have done the indoctrinating, and those of us who flocked to the personal freedom stances of 60's Democratic candidates are appalled at how the current flock of Democrat candidates have taken full advantage of the 'buy a vote with welfare' techniques they've developed over the years. I have predicted class warfare by 2010 since 1975. I may be off a couple years, but dramatic changes are in order
--Dennis Jacques
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Reader Comments from The Fray:
I disagree that what the Supreme Court faces is less compelling than Dred Scott. It's time to get past all this rhetoric and look at what we, as citizens, are being dealt. First of all, forget all the pious cant about the wisdom of the founding fathers. The Constitution was never a document that guaranteed democracy in this country, since the founding fathers' didn't want democracy. They didn't want people to be able to vote for the president, that was the job for politicians. Jefferson himself wrote "the people is an ass." While they may have been against British rule, they were in no shape or form democrats in light of the term today. And the Republicans are not such great believers in democracy today. If they were, they would have worked to get an accurate count in Florida. The Supremes are either going to yank us into the present, for those "asses" like myself, of haul us back into the past. That is the Constitutional issue at stake.
--George Grella
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As we await the Supreme Court's decision, I stand astonished. Not that the Supreme Court delved into the 'miasma' of this election dispute--it is not such a bad idea for the last word of the land to have the last word; what astonished me was Scalia's stated reason for the stay granted. The stay itself was not such a bad idea (I voted for Gore, by the way). The decision needed to be made before there were facts on the ground so that no one felt any more robbed than they already do. However, Scalia's unprecedented indication that he has already made up his mind before even receiving a brief must have ruffled some of his colleague's feathers and perhaps created an environment that may well send the 'swing justices'--Kennedy and O'Connor--into the arms of the solid opposition. Scalia's statement may well turn out to be a self-fulfilling anti-prophecy.
It would be most astonishing if any decision were 5 to 4. I think it is more likely that there will be a more solid majority behind some sort of solomonic solution. One hopes that the court will be very, very cautious not to create law itself.
--Rabbi Jason
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In our world of constant disorder, why is it so surprising that the old technology-based society is colliding with the new tech order? We are transforming our entire society to the new tech order. Many systems have not made the transition. Voting processes and systems are at the top of the list right now. This collision must take place and the new tech order take its proper place in this function of our society. Laws must change to support the new order. For now, the courts must decide the outcome based on our current technology and laws. We must invest the next four years and make our voting systems capable of supporting our transforming society, and build new law in this process.
--Steve R
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(12/11)