The good news is that the sides were at least talking when it came to the government shutdown over the weekend.
The dialogue abruptly
fell silent Wednesday.
"It's
cold out here and the temperature wasn't much warmer in the Situation
Room," said House Speaker Nancy Pelosi, D-Calif. "Our meeting did not
last long."
The mercury plunged in Washington as Pelosi emerged
from a conclave at the White House. A cold front pushed through the
region, spinning up snow squalls. A gale roared down Pennsylvania
Avenue.
There were no real talks over the holidays on the
government shutdown. It took two weeks to even have much of a
conversation. President Trump huddled with top Congressional leaders a
week ago. And then they empaneled a "working group" to continue to the
discourse last weekend.
But it was not a "finishing group."
Everyone
in Washington knew the conclave of bicameral, bipartisan leadership
aides huddling with Vice President Pence wouldn't get far in their
efforts to end the government shutdown.
The universe of people
involved was too big. Moreover, such discussions require the principals
at the table. These aides weren't deputized by their bosses to cut a
deal. They would have to kick this to the next level if they were to
forge an accord.
President Trump and Pence
lunched at the Capitol with Senate Republicans Wednesday before
hoofing it back to the White House to meet with the "Big 8," the top
leaders of both parties from both the House and Senate. But that meeting
was over before it started. When Pelosi returned to the Capitol, she
punctured the typical politesse of such high-level meetings,
characterizing Trump as
"a petulant President of the United States."
For the record, the president has yet to bestow the speaker with a nickname. But the government shutdown is only in Day 21…..
Trump
maintains the option to declare a "national emergency" on the border
and go around Congress. Meantime, Congressional Republicans want a wall.
But lawmakers of both parties guard their Constitutional prerogatives
closely. Under the National Emergencies Act of 1976, Trump could
conceivably bypass Congress by trumpeting a need at the border. The law
allows the president to spend "unobligated" funds in what's called the
Military Construction Appropriations Bill. Military Construction, or
"MilCon," in Washington-ese, is one of the five spending measures
Congress and the president agreed to in the fall. Thus, Trump would have
to declare a "national emergency" to redistribute money in the MilCon
bill for purposes besides those Congress deemed necessary.
The administration fishing around various federal accounts is beginning to tick off lawmakers.
"I
am opposed to using national defense funds for anything else," said
Rep. Mac Thornberry, R-Texas, the top Republican on the House Armed
Services Committee. Fox confirmed that the administration has inquired
about pilfering supplemental spending funds Congress approved in
February 2018 to mitigate wildfires in California and a spate of
hurricanes which ravaged Florida, Texas, Puerto Rico and the U.S. Virgin
Islands.
The non-voting, Republican "Resident Commissioner" to
Congress from Puerto Rico, Rep. Jenniffer Gonzalez Colon, R-PR, said
Puerto Rico is being "treated with total inequality." Gonzalez Colon
said raiding the relief ledger is "unacceptable and I will not support
the reallocation of funds." She added that Puerto Rico has "not received
the disbursement of funds after more than a year" following Hurricane
Maria.
Congressional Democrats and many Republicans will explode
if the president declares a national emergency and bypasses Congress.
Republicans heaped criticism repeatedly on President Obama for what they
viewed as his abuse of executive authority. Former House Speaker Paul
Ryan, R-Wisc., implored Congressional Republicans to "reclaim" their
Article I powers under the Constitution. It’s worth watching to see if
some Congressional Republicans give Trump a pass.
That said, all
administrations test the limits of executive power. President Harry
Truman tried to federalize the steel industry during the Korean War.
Truman's attempted use of federal, emergency powers prompted one of the
five most consequential rulings in the history of the Supreme Court:
Youngstown Sheet & Tube Co. v. Sawyer, colloquially known as the
“Youngstown Steel Case.” The High Court delivered what was described as a
"stinging rebuff" to Truman over overstepping his Constitutional
grounds.
Obama pushed the envelope with recess appointments. The
Constitution requires the House and Senate to meet at three-day
intervals. The Senate often just gavels in and gavels out after a few
seconds when it’s trying to do the bare minimum to meet Constitutional
standards.
Obama grew frustrated with the Senate not confirming
some of his nominees. So the president short-circuited the Senate’s
confirmation process, making appointments to the National Labor
Relations Board during one of those short Senate windows. The Supreme
Court rejected Obama’s interpretation of a recess. The High Court ruled
that the executive can't meddle with the privileges of the legislative
branch. In other words, if the Senate says it’s in recess, then it’s in
recess.
Congressional Republicans have generally shown deference
to Trump over many of his decisions. But GOPers flexed their muscles
more lately when they think the president made a bad decision or pushed
his case too far. Examine the outcry among some Congressional
Republicans over how Trump handled Saudi Arabia following the death of Jamal Khashoggi. Trump also fielded GOP criticism after he announced the U.S. was withdrawing from Syria.
Members
of Congress guard their Constitutional prerogatives closely. Many won’t
be happy about a national emergency to declare a wall.
Moreover,
Trump could draw the ire of House and Senate appropriators. It is said
there are three types of Members of Congress: Democrats, Republicans and
appropriators. Those who control the purse strings could balk if the
president leaves tire tracks on their lawn.
There’s also a problem
in the House when it comes to re-opening the government. Never before
has a government shutdown gravitated from one Congress to another. There
are more than 90 new House members. Pelosi is deft when it comes to
taking the temperature of her caucus. She knows House Democrats don’t
want a wall. But what would they support? The freshmen are so new, it’s
not even clear they know what sort of compromise legislation would work.
In the past, Pelosi could quickly determine what’s tolerable to her
caucus. This could hinder efforts to re-open the government quickly.
Sen.
Lindsey Graham, R-S.C., freelanced behind the scenes in recent days to
engineer a border agreement alongside an immigration/DACA pact.
"Pelosi has dealt herself out. She is a non-player," proclaimed Graham.
By
nightfall Thursday, Graham's aces crumbled. Trump himself personally
dealt Graham out, killing the senator’s proposed efforts.
"I've
never been more depressed about moving forward than I have right now,"
said Graham, noting he now supported President Trump going around
Congress to build the wall.
House Democrats forged ahead Thursday,
passing three individual spending bills to re-open various sections of
the federal government. House Democratic Caucus Chairman Hakeem
Jeffries, D-N.Y., predicted the bills would marshal "double digits" of
Republican defectors.
One bill garnered eight Republicans. Another
one ten. A third secured 12 GOP yeas. So far, a Republican insurrection
against Trump wasn’t materializing.
“The problem here in the
Senate is that (Minority Leader Chuck) Schumer (D-NY) and Pelosi think
they’re winning and the President thinks he’s winning,” observed Sen.
Marco Rubio (R-FL).
So much winning.
And this likely doesn’t get solved until someone feels they’re losing.