It was during the Kavanaugh hearings, as many friends of mine (conservatives and liberals) asked, “Is this as low as we can go? Is this rock bottom?” After saying “Probably not, unfortunately”, I found myself thinking of a record from the early ’60s. Having scored a mega-hit with “The Twist” and followed up with the requisite “Let’s Twist Again”, Chubby Checker climbed the charts once more in 1962 with “Limbo Rock”.
After singing the first verse, Chubby twice exhorts the dancers to “limbo lower now”, then bellows “How LOW can you GO?!”
Judicial Appointments
How low can we go? The hearings went pretty low, alright, with virtually all involved competing to see who could look worst. I found striking the response to complaints about Senator Feinstein’s apparently strategic use of Dr. Ford’s allegations and Senator Booker’s theatrics, for example, which went something like this: “Are you kidding? What about the Republicans’ refusal to even consider Merrick Garland?”
Well, what about that? Justice Scalia died in February of 2016. President Obama nominated Judge Garland on March 16, 2016. In a recent (1/22), lengthy piece by Charles Homans in the New York Times Magazine, there is (among other things) an account of how Senator McConnell used his renowned skills to block consideration. In the piece, Senator McConnell is quoted as thinking the decision not to fill the Scalia vacancy “the most consequential thing I’ve ever done.” It was President Obama’s constitutional duty to nominate a successor and the Senate’s corresponding duty to provide advice and consent. If a justice were to die a week before a presidential election, no one is reasonably going to expect full consideration for a rushed nomination. But eight months? Where does this end? There is always going to be another presidential election sometime in the future in which we can “let the people decide”.
“Are you kidding?” one can hear the reply. “What about the Democrats introducing the filibuster to obstruct President George W. Bush’s nominees to U.S. Circuit and District Courts?”
And so on.
How Low Can We Go?
Then there is – what else? – the Shutdown. The President of the United States has shut down the government, the executive branch of which it is his job to run. For this one, we get to hear from both the House and the Senate.
Before I get too deeply in the weeds of this foolishness, which has received all the ridicule it deserves elsewhere, (wall? fence? concrete? wood? slatted? continuous? paid for by Mexico? metaphor for border security?), I assume you see where I’m going. Conversations at this level weren’t impressive on the schoolyard playground when in third grade (Oh yeah? Yeah! Oh yeah? Yeah! Sez who? Sez me! Whadda ya gonna do about it? You’ll see! Oh yeah? Yeah!) and are certainly not impressive now. It’s not just the level of the discourse, though; it’s the content.
The Problem
My point here has nothing to do with how we felt or feel about Judges Garland or Kavanaugh, or the “Wall” or immigration. The problem is the people we are sending to Washington to serve in the executive and legislative branches of our government. Why are we talking about $5 billion to be spent on anything now? Is it budget time? Do we even do budgets any more, or is it just a series of never-ending spats over continuing resolutions? As far as I can tell, no one is even suggesting the serious discussion about immigration policy and enforcement we so badly need. The first principles that actually make America special aren’t even in play when grandstanding, obstructing, strategizing, spinning, outright lying, and the like take the place of the most basic functions of governing, like, you know, debating and approving a budget on time, or fairly vetting judges.
Note that this post could just as easily been about this: If it’s a terrible idea for presidents to rule by Executive Order when they can’t get the votes for legislation when it’s YOUR president, how can it be a great idea when it’s OUR president? Is it too much to ask for discussion of important matters on the merits? Why do we put up with this?
Why, indeed?
How low can we go? As low as we’re willing to tolerate. It is we who send these folks to Washington. Can you imagine “leaders” who think it persuasive to say, “The other side’s behavior is as bad, or worse”? Competition can be good when those acting in our interest push each other to greater heights. Lowering the bar – can you bottom this – is what we have had for quite a while. Those of us who are fed up need to make it clear we are paying attention and looking for opportunities to send home those who perform poorly and behave badly.
That’s our duty as citizens. No knock on the Limbo, where lowering the bar brings out greater skill and effort, but we need a new dance.
Ken Bossong
© 2019 Kenneth J. Bossong