Whose Fault Is It Anyways? How the Senate Ended Up Forcing a Shutdown

8:07 AM ET, Monday, January 22, 2018

WASHINGTON, DC- The US Senate failed to reach consensus on initiating hearings for a continuing resolution to fund the government till February at midnight on January 20. Legislators reached an impasse on policy regarding a number of items, the foremost being the recipients of the Deferred Action for Childhood Arrivals act (DACA). The shutdown began when the Senate fell short on the 60 votes needed to continue the short-term funding through the legislative process.

The genesis of the current crisis has its origins towards the beginning of the month when a bipartisan group of senators lead by Sen. Lindsey Graham (R-SC), Sen. Jeff Flake (R-AZ) and Sen. Dick Durbin (D-IL) introduced legislation that attempted to find compromise between the demands of the two parties. Their proposal created a path to citizenship for DACA recipients. However, concessions were granted to the Republicans and the White House in the form of restricted sponsorship for parents and other family members of DACA recipients, the elimination of the visa lottery system and switch to a more controllable option, as well as $2.8 billion in funding for various border programs including Trump’s controversial wall.

On January 9, Trump promised to back the bipartisan Graham-Durbin proposal. However, the White House had also given their ears to immigration hardliners such as Rep. Bob Goodlatte (R-VA) and Sen. Tom Cotton (R-AR). They were also present at the White House upon the arrival of Graham and Durbin when the Republican and Democrat duo went to further hash out their deal with the President on January 11. The White House began to renege on their promises to support the non-partisan proposal and instead issued new demands, including further funding for border programs as well as restrictions on family-based visa sponsorships for all future legal immigrants, not just DACA families.

Trump’s “shithole” comment, which was in response to the visa diversity program that was left partially intact under the bipartisan deal, signified the White House’s lack of interest in the bipartisan proposal. Subsequently, many Republicans got cold-feet and refused to give any support to the Graham-Durbin deal without the OK from the White House which was further compounded by confusion as to what Trump would and would not pass in the first place.

As the White House began switching policy priorities, House Speaker Paul Ryan began to come under pressure, particularly from the House Freedom Caucus, for moving to deliberation on a controversial bill proposed by Rep. Bob Goodlatte around January 15 as reported by Politico. Goodlatte’s legislation, the Securing America’s Future Act, included a variety of controversial policy. The bill includes requirements for employers to use E-Verify systems for legal employees, proposes crackdowns on sanctuary cities, and authorizes spending for a southern border wall. It also gives concessions to DACA recipients in the form of a three-year renewable legal status, albeit, with no pathway to citizenship.

Goodlatte’s legislation looked more like what the White House has demanded previously. As of January 18 , the House passed a continuing resolution with a commitment to vote on a version of the Goodlatte immigration bill along with a raise for defense spending. The CR was then passed to the Senate where it remains bogged down in a current stalemate of 51 ‘yes’ votes to 49 ‘no’s.

On Friday, January 19, discussions between the Democratic leadership and the White House broke down once again after the Trump Administration further pushed their changed demands. Currently, both parties seem to be entrenching their positions and attempting to shift blame on each other. Democrats and a handful of Republicans refused to move forward on the CR mostly due to the radical change in narrative on immigration on the part of the White House and the Republican party which ultimately resulted in key Republicans and Democrats locking their votes into a ‘no’. In their defense, Democrats are claiming the Republicans let this shutdown happen despite controlling all major branches of the government.

Republicans have retorted by placing the blame on the Senate Democrats who voted ‘no’ on the CR. They asserted that Democrats are holding the government hostage. A considerable number of employees are being furloughed while some programs, most notably the Child Health Insurance Program (CHIP), ended up without any necessary funding. The White House and Republicans now refuse to talk with Democrats until they vote the CR through.

 

EDIT- January 25, 2018

As of January 22, the Senate voted to pass through the continuing resolution which funds the government till February 8th at levels equal to that of the previous year. Funds were also granted to CHIP for the next six years. Also included in the resolution is a future vote on immigration policy that many congresspeople hope will be resolved in a bipartisan manner but could possible become a point of contention once again.

 

IN MY HUMBLE OPINION- Retrospectively, it was an incredibly noble thing that the Democrats did. They stood their ground and fought for their base, but at the end of the day, they were the ones who technically pulled the trigger on the shutdown despite being forced into the situation.

While their cause was just, the ensuing slug-out was an unnecessary move that could have repercussions for Democrats in the 2018 mid-terms. While sentiment for an upcoming blue tide is still strong, Democrats should have found it prudent to NOT give their opponents ammunition for the future. According to a Quinnipiac Poll, 84 percent of responds thought the shutdown to be “unnecessary”, while 28 of independent voters blamed Democrats for the events of last week. After all, the average voter might find it a bit excessive to shutdown the government over a comparatively small minority group when juxtaposed to the other issues at hand. However hindsight is 20-20 and it’s too easy to judge the past.

But first, let’s get a couple things clear. While, yes, the Democrats are the most immediate ones to blame for the shutdown, the Trump Administration and the Republicans are the ones who set up this whole vaudeville act in the first place. They just managed to pressure the Democrats into buying tickets for themselves and every one in America.

The Graham-Durbin deal was a bipartisan piece that could have easily made it through the Senate and landed on the president’s desk without blasting out every window on Capitol Hill. However, the Trump Administration reneging on their promise to support the deal and instead reverting to a much more hard-line position resulted in the opening of Pandora’s Box. Republicans across both chambers began to lose faith in the bipartisan approach. Instead they placed a bill at the masthead of the CR they were trying to get through knowing that the Senate Democrats would subsequently become angrier than God in the Old Testament.

A new middle ground could have been found between the three players in this drama, or both chambers could have been firm with the President in his change of position by pushing a bipartisan agenda anyways. But that’s something a functional legislative branch would do. Rather, Republicans chose to take the opportunity to put Democrats in a situation where they would look bad with either choice they could make while also appeasing the President. Democrats would have either looked like they were voting against their base if they folded or placing party above functional government if they didn’t; the latter having played out. All the meanwhile President Trump and the Republicans ended up getting what they wanted and would have done so in either situation.

So what can the Democrats do to recover?

First, they should owe up to their responsibility in the shutdown while also pointing out that the White House and the Congressional Republicans had their roles as well. Yes, Democrats pulled the trigger, but it’s not like they didn’t have a gun to their heads themselves. They can say they were forced into it, but just asserting that Republicans are responsible by merit of them controlling all branches is a weak excuse once closely examined.

Second, Democrats should grin and bear it. The mid-terms are coming up soon and the gloves should be switching hands. Until then, they should not be risking votes and begin portraying themselves as a party grossly out of power doing their best to ensure that their constituents are being represented while trying to make sure government functions properly. Democrats would look like they are trying to rise to their civic duties of running a government instead of being caught up in party politics. They need to portray themselves as the responsible party. At the very least, playing that role wouldn’t attract the ire of the much-needed moderate and independent voters.

Finally, rather than being the hostage takers, Democrats should play the part of the hostages themselves…even if that means voting against a core party belief in the near future. There’s not much Democrats can do anyways, so they might as well start putting arrows in their quivers for the 2018 elections by being the helpless victims. It certainly would be easier for Democrats to defend themselves by pointing out that they are the minority and really operate at the whim of the Republicans who hold the true power.

 

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